Regulation of the legal profession Flashcards
(12 cards)
Partner’s Duty to
supervise
Must make reasonable efforts to ensure that the firm has measures in place to give reasonable assurance that all
employees conform to the MRPC
Supervising attorney’s duty to supervise
Must make reasonable efforts to ensure that the conduct of
supervised lawyers and nonlawyers confirms to the MRPC
Partner’s and supervising attorney’s Responsibility
for another’s
violation
Responsible if:
(1) the partner or the supervising attorney knew
about the misconduct
(2) when the consequences of the
misconduct could have been avoided or mitigated
(3) but failed
to take reasonable remedial action
All lawyers responsibility for another’s violation
Responsible if the lawyer orders or ratifies the misconduct
Duties of subordinate lawyers
-Subordinate lawyers must conform to the MRPC—even when acting under the direction of a supervising
lawyer.
-However, a subordinate lawyer will not be liable for violating the MRPC if the subordinate lawyer acted in accordance with the supervising lawyer’s reasonable resolution of an arguable question of
professional duty.
A lawyer has a duty to report misconduct by other lawyers (even those outside the lawyer’s firm) and
judges if:
(1) Actual knowledge that (2) misconduct occurred and (3) “the misconduct raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects”
A lawyer cannot practice law in a jurisdiction where the lawyer is not admitted except in certain
circumstances, including:
(1) Temporary practice: when the lawyer is appearing pro hac vice (i.e., for this turn only), in
association with a local lawyer, or other temporary practice of law
(2) Permanent practice:
–(A) when the provision of legal services is limited to the lawyer’s employer or
its organizational affiliates AND the forum does NOT require pro hac vice admission OR
–(B) when the
services rendered are permitted by federal or local law
NOTE: The above exceptions do not apply when the lawyer is disbarred or suspended in any
jurisdiction.
A lawyer must not assist others in the unauthorized practice of law. However, a lawyer may:
-Provide professional guidance to nonlawyers whose employment requires legal knowledge (e.g.,
accountants, social workers, claims adjusters)
-Delegate legal work to a paraprofessional, but the lawyer must supervise and retain responsibility for
the delegated work
-Assist individuals who wish to proceed pro se
Grounds of misconduct (MPRC 8.4)
- Violating or attempting to violate the MRPC, or knowingly assisting or inducing another to do so.
- Committing a criminal act that adversely reflects on one’s honesty, trustworthiness, or fitness as
lawyer. - Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Engaging in conduct that is prejudicial to the administration of justice.
- Stating or implying an ability to improperly influence a government agency or official.
- Knowingly assisting a judge or a judicial officer in a violation of judicial conduct rules or other law.
- Engaging in conduct that one knows or reasonably should know is harassment or discrimination.
If a question indicates that a subordinate engaged in misconduct without the lawyer’s
knowledge:
Check if any preventive measures (e.g., employee training) were taken.
“Duty of diligence”
“Use whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor”.
Note, that one does not need to “press for every advantage” in a case; you can use discretion and reasoned judgment in selection of a means for pursuing the case.
Special duties of prosecutors:
Largely prohibited from bringing unsupported charges, but they do not require bringing all supported charges.
