Pg 3 Flashcards
Once you’re admitted to practice in a jurisdiction, where are you subject of discipline?
In that jurisdiction, regardless of where the conduct occurs
If you are not admitted to practice in a jurisdiction, where are you subject to discipline?
In that jurisdiction if the attorney provides or offers legal services there
Is it possible to be subject to discipline in more than one jurisdiction for the same conduct?
Yes
If you are admitted to practice in Florida but you start doing work in Arizona without being admitted there, where are you subject to discipline?
In Florida because you’re admitted there and also Arizona because you provided services there
What are the three types of discipline that the State bar could mete out?
– disbarment
– suspension
– reprimand
What happens when you get disbarred?
Permanent removal from the practice of law
What happens if you get suspended?
You are prohibited from practising for a term of several months to years. You might also have to pass a legal ethics exam before being readmitted or abide by other conditions
If you are reprimanded by the state bar, can you still practice?
Yes, this is the mildest form of discipline
If you receive a private reprimand from the state bar, what does that mean?
Unpublished private communication in writing from the agency to the attorney
If you receive a public reprimand from the State bar, what does that mean?
A published reprimand in a publication that is aimed at attorneys or in the press. It includes the name of the attorney, his contact, and is meant to be educational or a warning
What is MR 8.1 dealing with bar admission?
Bar applicants or attorneys involved in disciplinary matters cannot knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension known by the person, or knowingly fail to respond to a lawful demand for information from him.
What is MR 8.2 regarding judicial and legal officials?
Attorneys can’t make statements they know are false or act with reckless disregard for the truth about the qualifications or integrity of judges/public officials/judicial candidates
If an attorney is a candidate for a judicial appointment, he must comply with what?
Code of judicial conduct
What is MR 8.3 about reporting professional misconduct?
Attorneys that know other attorneys or judges have violated a rule of professional conduct involving a substantial question about trustworthiness, honesty, or fitness to be an attorney must inform authorities
What does self regulation of the legal profession mean?
Members initiate disciplinary investigation when they know of violations
What is the exception to MR 8.3 about reporting professional misconduct?
If an attorney is the attorney for another attorney, he doesn’t have to report. This rule doesn’t apply if the attorney’s knowledge is based on privileged information from the client in the course of representing that client, and the client will not consent to disclosure
If an attorney gets secondhand information from a client about a possible violation of the rules of professional conduct of an attorney or judge, must the attorney report it?
No, the attorney must KNOW that the other attorney/judge has violated the rules and there must have been a substantial question about that person’s fitness.
If an attorney sees a judge take a bribe from opposing counsel and confronts the judge about it, who denies it, and the jury finds for the attorney, so the attorney does nothing, is that a violation?
Yes because although not detrimental to the attorney’s case, the attorney had knowledge of the violation and a duty to inform authorities on both the judge and opposing counsel
Who created the model rules of professional responsibility?
The ABA
Must the model rules of professional responsibility be followed?
This is just a model for states to follow in adopting their own rules. Many states follow them closely
What is the ABA ethics committee?
A group of attorneys that meet to debate and write opinions on legal ethics questions.
What is an ethics hotline for?
To call if you need to do research on ethics and the person refers you to cases, opinions, authorities.
Do the comments sections of the model rules of professional responsibility have the force of law?
No, they just explain things
When does misconduct occur under MR 8.4?
When an attorney knows or reasonably should know:
- violates/tries to violate rules of professional conduct
– knowingly assists/induces someone to violate the rules
– commits a criminal act that reflects adversely on his honesty, trustworthiness, or fitness
– harasses/discriminates based on race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender, marital status, status in relation to the practice of law
– engages in dishonest, fraudulent, deceitful, or misrepresentative conduct
- acts in a way that is prejudicial to the administration of justice
– states/implies the ability to improperly influence government officials by violating the rules
– knowingly assists a judge/officer in conduct that violates the rules or laws
