MPRE Flashcards
(44 cards)
Sources of Regulation – The State
regulation by the states in exercise of their police powers
Sources of Regulation - State Courts
intimately connected with the administration of justice – courts have inherent power to regulate
Highest courts typically issues:
1. Discipline
2. Rules
Sources of Regulation - State Rules
Every State has Rules
Most states adopted ABA
Sources of Regulation - State Case Law
Every state has case law
Sources of Regulation - State/Local Rules of Court
State courts typically have rules
Sources of Regulation - State Bar Associations
association of lawyers
integrated system = must be admitted to practice
Typical Duties:
1) Administer Bar Exam
2) CLE programs
3) assist courts in regulating and disciplining lawyers
Sources of Regulation - Congress and State legislatures
Passed some statutes impacting practice
Sarbanes-Oxley – mandatory reporting for securities lawyers
State evidence statutes defining the scope of the attorney client privilege
Sources of Regulation – The Federal System - Courts
Federal court or agency
Federal statutes, case law and court/agency rules
Each federal court has its own bar
must be a member to practice before the court
Sources of Regulation – The Federal System - Government Attorney
Federal attorney subject to the state laws/rules and local federal court rules (where attorney engages in their duties)
Only subject to ethical rules (not evidence/procedure/substantive law)
Multiple State Bar Admission
lawyer subject to regulation by each state where the lawyer is admitted
Doesn’t matter where the lawyer practices or where conduct occurred
Differing state regulations – conflict of law analysis
Admission to Bar
State by state - Typically:
1. Completed College and Law School
2. passed bar exam
3. Bar admission committee (proof of good moral character)
Sworn in before the highest court (not entitled to practice in other states)
Admission - Application
must respond truthfully and completely
Admission - Application - False Statements
must not knowingly make false statements of material fact
Admission - Application - Failure to Disclose
must not
1) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter OR
2) knowingly fail to respond to a lawful demand for information from an admissions authority
* Confidential information not included
Admission - Character and Fitness
High Moral standards and are mentally/emotionally stable
Admission - Character and Fitness - Investigative Procedure
Questionnaire
References
(maybe fingerprints and photographs)
Admission - Character and Fitness - Investigative Procedure - Burden of Proof/Duties of Applicant
burden of proof of good moral character is on the applicant
duty to to cooperate with a reasonable investigations
required to make disclosures relevant to fitness to practice
Admission - Character and Fitness - Investigative Procedure - Procedural Rights
right to due process right to know charges filed against explain information confront critics entitled to judicial review for denial based on bad moral character (usually by highest court)
Admission - Character and Fitness - Conduct Relevant
all aspects of past conduct which reflect on honesty and integrity
any conduct or charges (including acquitted)
any litigation which applicant was a party
Admission - Character and Fitness - Criminal Conduct
Mere conviction not sufficient to deny admission
Conviction must be a crime of
1) moral turpitude (intentional dishonesty for personal gain – bribery, extortion, robbery, etc.) OR
2) violence (murder, rape, etc.)
*not violations actions while adolescent and civil disobedience
Admission - Character and Fitness - Rehabilitation
Admission still possible even with crimes of moral turpitude
demonstrate sufficient rehabilitation of his character/present fitness to practice law
Admission - Character and Fitness - Concealment of Past Conduct
false statements or concealment to an inquiry of the admissions committee is evidence sufficient to deny admission based on moral character (even if underlying conduct was not of moral turpitude)
Admission - Character and Fitness - Political Fitness
failure to uphold state/federal constitution may be denied admission
Membership in Communist party not sufficient to deny admission (no showing of attempt to overthrow government)
Admission - Citizenship and Residency
Not valid requirements for admission
Citizenship requirement violates equal protection clause
Residency requirement violates Privileges and immunities clause
