Regulation of Legal Profession Flashcards Preview

Yes, the application can contain questions that would likely be unconstitutional in standard job applications. (ex. drug abuse status)

Rule 8.1

The applicant may be denied admission to the bar. Or if admitted, the lawyer may have their license suspended or revoked.

Rule 8.1, comment 1

⭐️ Moral of the story: Don't lie!

Correct any prior misstatement and provide affirmative clarification of any misunderstanding to the necessary parties.

Rule 8.1, comment 1

Yes, but they must claim the privilege openly. For example, if the application asks, "Have you ever been convicted of a felony?," the applicant must state they are invoking the 5^th. They cannot answer "no" to avoid the question.

Rule 8.1, comment 2

It is professional misconduct when a lawyer:

1. Violates or attempts to violate the Rules--or knowingly assists or induces another to do so;
2. Commits a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
3. Engages in conduct involving dishonesty, fraud, deceit or misrepresentation;
4. Engages in conduct that is prejudicial to the administration of justice;
5. States or implies an ability to improperly influence a government agency or official or to achieve results by violating the Rules or other law;
6. Knowingly assists a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
7. Engages in conduct that the lawyer knows or reasonably should know is harassment or discrimination in the course of their legal practice

Rule 8.4

No. Rule 1.0, comment 5

No, a lawyer cannot participate or offer an agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement.

Rule 5.6(a)

No, lawyers are prohibited from agreeing not to represent other persons in a client settlement.

Rule 5.6(b)

Lawyers who have managerial authority (partners, shareholders, etc.) must make reasonable efforts to establish internal policies to ensure that all lawyers in the firm will conform to the Model Rules.

Rule 5.1(a)

It depends on the firm's structure and nature of practice. It can include measures:

• Designed to detect and resolve conflicts of interest;
• That identify dates by which actions must be taken in pending matters;
• Account for client funds and property; and
• Ensure that inexperienced lawyers are properly supervised

Rule 5.1, comment 2

If:

1. The lawyer orders or ratifies the conduct involved; or
2. The lawyer has managerial or direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Rule 5.1(c)

No, a lawyer is bound by the Rules regardless of whether or not they were following orders. 

Rule 5.2(a)

No, the Rules only speak to whether the lawyer will be subject to professional discipline, not civil or criminal liability.

Rule 5.1, comment 7

No, the supervisory lawyer may be found to violate the Rules, but a subordinate lawyer will not be liable.

Rule 5.2(b)

If:

1. The circumstances are not distinct from the lawyer's provision of legal services to clients; or
2. The lawyer fails to take reasonable measures to assure that the person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.

Rule 5.7(a)

Prohibited from:

1. Establishing an office or other systematic and continuous presence in that jurisdiction for the practice of law; or
2. Holding out to the public or otherwise representing that the lawyer is admitted to practice in that jurisdiction.

Rule 5.5(b)