Other Duties to the Profession and the Public Flashcards
When must a lawyer report others’ misconduct?
When the lawyer has reliable information that another lawyer has violated the rules of professional conduct in such a way that it raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer
What are the exceptions to this mandatory disclosure?
(1) Information protected by lawyer’s duty of confidentiality to a client
(2) Gained information while serving as member/volunteer of approved lawyer’s assistance program
May a firm employ a lawyer with suspended or revoked license in any capacity?
Not if the lawyer was associated with the firm at the time or after misconduct
* If another firm hires, they are prohibited from representing a client who was represented by the disciplined attorney at the time of or after the acts that resultedi n suspension or revocation of lawyer’s license
What is the general rule concerning out-of-state and foreign lawyers in Virginia?
Must not establish office or other systematic and continuous presence in VA for practice of law or hold out to the public or otherwise represent they are licensed in VA
How may a lawyer avoid these out-of-state prohibitions?
If not disbarred/suspended from practicing in any jurisdiction, after notifying client and interested third parties they are not licensed to practice in VA, may:
* Associate with VA lawyer who actively participates in the matter
* Be admitted pro hac vice
* Participate in ADR relating to lawyer’s home state. practice
What is the rule on VA in-house counsel?
Attorneys not admitted in VA but employed as in-house counsel must apply for corporate counsel certificate or register with VA state bar and may perform work only for their employers
May a lawyer set up business association with a non-lawyer in VA?
Not if any of the organization’s activities consist of the practice of law
May a nonlawyer be a significant part of a law firm?
No–must not be set up in such a way that a nonlawyer:
1. Owns an interest in the firm
2. Is a corporate officer or director of the firm OR
3. Has the right to direct or control lawyer’s professional judgment
What is a partner’s duty to train/guide in ethics matters?
Must make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all members of the firm conform to rules of professional conduct
* Lawyer with direct supervisory authority over lawyers has same responsibility with respect to those lawyers
* Same for nonlaywers whether employed by the firm or acting as outside contractors
