MPRE Flashcards
Which court enforces ethical rules and discipline of attorneys?
State Supreme Court.
Note: Each state has its own bar association and rules of professional conduct.
Federal Courts application of ethical rules and regulations
Federal courts apply the ethical rules of the state in which the court sits; however, they are not required to do so.
Requirements for Admission
A lawyer must not assist with an unqualified applicant.
When representing a client, is all or some of their communication protected?
All information about a client relating to representation is protected.
A lawyer in a Managerial or Supervisory Authority MUST
Make reasonable efforts to ensure that:
(Managerial Authority) - firm has measures in place that give reasonable assurance that the conduct of all employees conforms to the model rules.
(Supervisory Authority) - supervised person’s conduct conforms to the Model Rules
Scope of Model Rules
A lawyer does not have to be engaged in the practice of law to violate the Model Rules and her subject to professional discipline.
Note: A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.
Misconduct Committed by Others Associated
With Law Firm
A lawyers is always subject to discipline if she knowingly assists or induces another person
Misconduct:
Ordered or Ratified
A lawyer is subject to discipline for a violation of the Model Rules committed by another lawyer if the lawyer:
(i) orders the misconduct or
(ii) has knowledge of the specific misconduct and ratifies the misconduct
NOTE: A lawyer is also subject to discipline for ordering or ratifying conduct by a no lawyer employed by, retained by, or associated with the lawyer that would constitute a violation of the Model Rules.
Subordinate Lawyer MUST
Conform to the Model Rules even if acting under the direction of a supervising lawyer.
NOTE: The subordinate lawyer is not in violation of the Model Rules if the subordinate lawyer acts in accordance with the supervising lawyer’s “reasonable resolution of an arguable question of professional duty”
Misconduct Outside of the State or Jurisdiction
A lawyer is subject to discipline for misconduct in any jurisdiction in which the lawyer is admitted to practice, even if the misconduct occurred outside that jurisdiction.
NOTE: Lawyer may be subject to discipline in both the jurisdiction where she is admitted and the jurisdiction where the misconduct occurs.
Misconduct Outside of the State or Jurisdiction
Choice of Law
The lawyer is subject only to the rules of the jurisdiction in which the tribunal sits UNLESS the rules of the tribunal including its choice-of-law rules provide otherwise.
NOTE: Lawyer may be subject to discipline in both (1) the jurisdiction where they are admitted AND (2) the jurisdiction where the misconduct occurs.
Misconduct Outside of the State or Jurisdiction
Multiple Jurisdictions
A lawyer’s “reasonable belief” with regard to a conflict of interest, a written agreement between a lawyer and client that reasonably specifies a jurisdiction will be considered if the agreement was obtained with the client’s informed consent in the agreement.
Sanctions for Misconduct: Other Consequences
A lawyer may be subject to civil or criminal liability even when the lawyer’s conduct does not violate a rule of professional misconduct.
Integrity of a Lawyer
Mnemonic: Judge Judy Reviews Bad Motions
- Jurisdiction — Choice of Law
- Judicial Officials — Comments about qualification & Integrity of Judges
- Reporting Misconduct — Lawyers have a duty to report misconduct after knowing of its occurrence
- Bar Admissions — Lawyers have a duty of honesty for self & others
- Misconduct — Criminal Acts — Fitness as a Lawyer; Conduct Involving fraud, dishonesty, deceit, or misrepresentation; conduct prejudicial to administration of justice.
Misuse of Public Office
Lawyer SHALL NOT:
1. Seek to influence a judge, juror, prospective judge;
2. State or Imply an ability to influence improperly a government agency;
3. Knowingly assist a judge or judicial officer in conduct that is a violation of appearance rules of judicial conduct or other law.
Unauthorized Practice of Law
- A lawyer can’t practice law in a jurisdiction in violation of the regulation of lawyers in that jurisdiction.
- A lawyer can’t assist in activities constituting unauthorized practice of law.
- A lawyer generally may not share legal fees with a non-lawyer.
- A lawyer can’t form a partnership with a non-lawyer if any partnership activities include the practice of law.
Peer Reporting: Substantial Matter
Lawyers have a duty to report matters that raise a substantial question about the lawyer’s honesty, trustworthiness, or professional fitness.
Note: “Substantial” when used to describe degree or extent refers to a material matter of clear and weighty importance of clear and weighty importance.
Peer Reporting: Knowledge Required
The duty to report does not arise until the lawyer has actual knowledge of the misconduct.
NOTE: (1) “Knowingly,” denotes actual knowledge of the fact in question; (2) “Actual Knowledge” may be inferred from the circumstances and includes learning of the misconduct from a reliable source when there is independent corroboration
Peer Responsibility for Reporting Misconduct: Judicial Misconduct
A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question about the judge’s fitness for office must inform the appropriate authority
Peer Responsibility for Reporting Misconduct: Sanctions for Failure to Report
If a lawyer fails to report misconduct by another lawyer or judge, the lawyer is subject to discipline.
Peer Responsibility for Reporting Misconduct: Defamation Action
A privilege against defamation applies to the required reporting of another lawyer’s misconduct.
Not Admitted to Practice in a Jurisdiction: Unauthorized Practice
a lawyer is may not practice law in a jurisdiction where the lawyer is not admitted to practice or assist another in doing so.
Not Admitted to Practice in a Jurisdiction: Exceptions permitting temporary practice
A lawyer admitted to practice in another U.S. jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in a second jurisdiction where the lawyer is not admitted to practice.
Fee Division with Nonlawyers
The Model Rules prohibit fee sharing by lawyers with no lawyers except when:
- Fees are paid to a lawyer’s estate or to one or specified persons over a reasonable period of time after the lawyer’s death, as a death benefit according to an agreement
- A lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer pays an agreed-upon purchase price to the lawyer’s estate or other representative
- Fees are shared with nonlawyer employees in a law firm via compensation or retirement plan, even though it is based on anonymous-profit sharing arrangement; and
- A lawyer shares court-awarded legal fees with a nonprofit organization
