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Flashcards in MPRE1 Deck (116)
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1

ABA on disciplinary authority

The ABA has no disciplinary authority and membership is volutary

2

Most states have their own rules of

professional conduct and mdoel rules, and the model rules control the MPRE

3

Must rules

Mandatory and violating lawyer is subject to discipline

4

Should rules

advisory

5

The state's highest court

have the inherent power to regulate lawuers and adopt ethical rules for lawyers

6

Requirements for bar admission must be

rationally related to the practice of law

7

What is a rational requirement?

A) graduation from an ABA accredited law school
B) Oath: must take an oath
C) good moral character: investigates past conduct, bad moral turpitude may jeopardize admission

8

What is not rational ?

US citizenship
Residency in the state
Banning groups or members of groups

9

A lawyer must not

Make a false statement of material fact - must report negative things
Fail to respond to a lawful demand for information (duty to cooperate)
Fail to disclose any fact necessary to correct a misapprehension

10

A lawyer who knows that another lawyer has committed a violaiton that raises a substantial question as to the lawyer's honesty trustworthiness or ability to practice must report the violation, unless

Duty of confidentiality applies (lawyer repped the other and learned during rep) or the lawyer learned of the violation while participating in a approved lawyers assistance program

11

Lawyers have the same duty to report

Judges who violate the CJC

12

A lawyer is subject to discipline for committing a crime f the crime is

relevant to some aspect of practicing law

(most crimes involving dishonesty and serious violence qualify, but solicitation, of prostitution or a single DUI would probably not)

13

Any fraud, dishonesty, misrepresentation, or deciet is grounds for

discipline

14

In conduct related to the practice of law, a lawyer must not harrass or

discriminate on the basis of race, sex, religion, natl origin, ehtnicity, age, sexual orient..

15

Any state to which the lawer is admitted to practice has the power to discipline a lawyer, regardless of

where the misconduct occured

16

A lawyer not admitted to the state bar is also subject to the jurisdiction of the state if

the lawyer renders or offers to render any legal services in the state

17

Choice of law: which law applies for conduct in connection with a litigation?

Court that the litigation sits in

18

only licensed lawyers can negotiate

settlements

19

What activities require a license and constitute the practice of law?

Appearance in judicial proceedings and depositions
Drafting documents that affect substantial legal rights
negotiate settlements

20

What activities do not require a license

Interviewing people
Filling in forms
Writing memos

21

Permissible temporary MJD practice

Associate with an active local lawyer
special permission called pro hac vice
Mediaiton or arbitration out of home state practice (bc encourage ADR)
Anything reasonably related to lawyer's home-state practice

22

Permissible permanent MJD practice

LAwyer employed by her only client (usual in house counsel like govt employees)

23

lawyers generally have no duty to accept

clients

24

A relationship may be formed if

client manifiests intention to be repped, lawyer fails to adequately decline, lawyer knows that the client is reaosnably relying on her to provide services

25

A lawyer must not seek to avoid appointment by a tribunal to represent a person except for good cause, such as

unreasonable financial burden or personal inability to represent client

26

A lawyer may reasonably limit the scope of the representation if

the client gives informed consent (im only going to rep you pre-trial)

27

In a civil case, the lawyer must abide by the clients decision to

settle

28

In a criminal case, the lawyer must abide by the clients decision, after consultation, to

Plea
waiver of jury trial
whether to testify

29

In a civ or crim case, the lawyer must abide by the client's decision whether to

appeal

30

The lawyer may make _____ decisions

strategic

but client can veto when it comes to expenses