regulation of the legal proffession Flashcards
(39 cards)
who regulates attorneys
state supreme courts and federal district courts
how many states have adopted the model rules in their entirety
very few; each state has their own rules
what is the character and fitness test primarly concerned with
criminal history of the candiate
are all crimes for the purpose of the character and fitness test disqualifying?
no; disqualifying crimes involve truth telling
is there a residency requiremnt for admission
no that runs into a consitutional issue
what are the three main ways in which an admitted attorney can be subject to discpine
1.violation of the rules
2. criminal act that touches on attorney’s honesty or fitness to practice
3. fraud or deceit, even if not criminal
what is fraud upon the court (aka procedural fraud)
lying to the court
what are the elements of common law fraud (ie conventional fraud) five in all
- making a statement
2.knowing its false - intending to decive
- causing reasonble reliance and;
- resulting in damage
for the purpose of discipline under these rules via fraud, its it necessary that anyone relied upon or suffered damages from the misrepresentation
no
what do partners at firms have to make reasonable efforts to ensure
that the lawyers and non professional employees comply with the rules
what do these rules mean by non professional employees
anyone not a lawyer that works at the firm ie secretaries, paralegal’s, IT staff ect
what do firms need to have in order to ensure complaice with the rules
a system
when are supervisory attorneys liable for violation of the rules by supervised attorneys and non professional employees
if they order, ratifu, or after learning of a violation, fail to take remedial action
what is the level of responsibility for the conduct of non professional employees that supervisory lawyers have
the same for lawyers
can a subordinate lawyer defend their vioaltion by saying they were just doing what they were told via their supervisor
no; only a reaosnble order by a supervisor is a defense
can out of state conduct expose you to displine at home
yes, you are always a lawyer no matter where you are
what is the snitch rule
a lawyer is required to report violations to disciplinary authorities
when is a lawyer required to snitcth
when the lawyer has actual knowledge of substantial violation AND the violation goes to lawyers substantial HONESTY, TRUSTWORTHINESS and FITNESS TO PRACTICE LAW
does a lawyer have a duty to report the violations of a judge too
yes!
how long can an out of state lawyer pratice in a jurisdction
on a tempory basis
what are three things needed for a lawyer to be able to pratice out of state where they are not liscesend ?
- pro hac vice admission
- assionation with legal counsel
- must be working for a client from home jursidction
what is pro hace vice admission requirement for a lawyer to practice out of state
merans that there must be a vice (ie a disupute/case) not just limited to trials
what does association with local counsel look like for the purpose of practcing out of state
local counsel must actually participate; cant be a silent partner
what happens if non lawyers are in the unauthorized practice of law
they get an injunction (stop doing that)
