1 Flashcards
_________ _________ is an attorney’s obligation to act professionally as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.
Professional Responsibility
Professional responsibility is an ___________ obligation to act professionally as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.
attorney’s
Professional responsibility is an attorney’s ________ to act professionally as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.
obligation
Professional responsibility is an attorney’s obligation to _____ __________ as a representative of client, an officer of the legal system, and a public citizen having a special responsibility for the quality of justice.
act professionally
Professional responsibility is an attorney’s obligation to act professionally as a _________ ___ ______, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.
representative of clients
Professional responsibility is an attorney’s obligation to act professionally as a representative of clients, an _________ ___ ___ _____ _______, and a public citizen having special responsibility for the quality of justice.
officer of the legal system
Professional responsibility is an attorney’s obligation to act professionally as a representative of clients, an officer of the legal system, and a ______ ________ having special responsibility for the quality of justice.
public citizen
Professional responsibility is an attorney’s obligation to act professionally as a representative of clients, an officer of the legal system, and a public citizen having ______ _______ for the quality of justice.
special responsibility
Professional Responsibility is:
an attorney’s obligation to act professionally as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.
person in a specialized field
professional
the things you have to do
responsibility
The only course required by the ABA
Professional Responsibility
What rules we are bound by is contingent on where we are __________.
licensed.
Each _________ has its own rules that guide what is not ethical for its barred attorneys
jurisdiction
_______ rules are in charge of nobody they are a guideline for states to adopt their own.
ABA
The _______ ______ in each state regulates all aspects of the legal profession from admission standards to disciplinary enforcement.
highest court
The highest court in each state regulates all aspects of the legal profession from _______ _________ to _______ _______.
admission standards to disciplinary enforcement.
What rules we are bound by is contingent on where we are _________. Every jurisdiction is in charge of their ________.
licensed
licensing
One restriction: _____ _____ _____ cannot infringe upon your constitutional rights.
State Supreme Court
One restriction: state Supreme Court cannot infringe upon your _______ ______.
constitutional rights
Court may ________ _________ to the state bar association for regulating bar admissions and disciplinary enforcement.
delegate responsibility
________ ________ and ____ ___________ may not be imposed as a condition on the right to practice law in a state. (It is not rationally related to a justifiable means).
local residence and US citizenship
Local Residence and US citizenship may not be imposed as a _______ on the right to practice law in a state. (it is not rationally related to a justifiable means).
condition
Local residence and US citizenship may not be imposed as a condition on the right to practice law in a state. (It is not _______ _______ to a justifiable means).
rationally related
US Citizenship requirement violates the
equal protection clause of the 14th amendment
In-state residency requirement violates the
Privileges and Immunities Clause of Article 4, Section 2 of the US Constitution
**TN Supreme Court cannot infringe on Constitutional Rights. Whatever rule/ regulation has to be______ _______ to some justifiable interest.
rationally related
Steps to Bar Admission:
1.
2.
3.
- Education
- Knowledge
- Character and Fitness
_________ most states require graduation from an ABA accredited law school.
Education
Education:
most states require graduation from an ABA accredited law school.
Education: most states require graduation from an ABA- accredited law school.
Some states allow for alternative routes:
1.
2.
- Diploma privilege
- Apprenticeship
________ _______: you do not have to take the bar exam, but you cannot take the license anywhere else.
diploma privilege
What state is known for using the apprenticeship method?
California
_________ most states require you to pass a bar exam (and the MPRE).
Knowledge
Many states permit a lawyer in ______ ________ in the bar of another state to gain permanent admission (admission on motion) without the need for a bar examination or with only a limited examination.
good standing
__________ ___ _______ past conduct may be considered when assessing an applicant’s good character and general fitness to practice law; false statements to the bar examiners may result in a denial of admission.
Character & Fitness
______ ______ may be considered when assessing an applicant’s good character and general fitness to practice law; false statements to the bar examiners may result in a denial of admission.
past conduct
Mere conviction of a crime is not necessarily sufficient to _____ _______ to the ______.
deny admission to the bar
Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve ______ ______ (intentional dishonesty for personal gain) or violence.
moral turpitude
A __________ ______ or the ______ ____ __ ________ in response to an inquiry by bar examiners’ committee would be enough to deny an applicant admission, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.
false statement or the concealment of a fact
Often times the _______ is worse than the crime because it shows continued dishonesty.
coverup
Often times the coverup is worse than the crime because it shows continued _________.
dishonesty
If you failed to put something on your bar application, they will ask open ended questions designed to give you an opportunity to _____ ______.
come clean
__________ _______ to correct the record.
proactive duty
The lawyer-client relationship is a ________ ________.
fiduciary relationship
Lawyers are in a position to harm clients and erode the public’s trust in the profession.
Thus, bar applicants must typically demonstrate that they possess the requisite _______, ________ and ________ qualifications to practice law.
character
fitness
moral
Attributes of a Good Lawyer
1. ?
2.
3.
4.
5.
6.
- Truth-speaking
Attributes of a Good Lawyer
1.
2. ?
3.
4.
5.
6.
- High Sense of Honor
Attributes of a Good Lawyer
1.
2.
3. ?
4.
5.
6.
- Granite Discretion
Attributes of a Good Lawyer
1.
2.
3.
4. ?
5.
6.
- Strictest Observance of Fiduciary Duty
Attributes of a Good Lawyer
1.
2.
3.
4.
5. ?
6.
Diligent
Attributes of a Good Lawyer
1.
2.
3.
4.
5.
6. ?
Responsive
1 complaint is _______ _______ with the _____.
untimely communication
client
Attributes of a Good Lawyer:
1. Truth Speaking
2. High Sense of Honor
3. Granite Discretion
4. Strictest Observance of Fiduciary Duty
5. Diligent
6. Responsive
Why do we care?
Protection of the public and Upholding standards of the profession
We care about:
1. ?
2.
3.
4.
- Fairness to the candidate
We care about:
1.
2. ?
3.
4.
- the potential for rehabilitation
We care about:
1.
2.
3. ?
4.
- Access to the legal profession
We care about:
1.
2.
3.
4. ?
- second chances/ we all make mistakes
Who gets to decide whether or not you have good character? – ____________ will. NCBE administers the exam, and it is sent to your jurisdiction for scaling, and they will establish panel of people who will interview – have you been flagged or not flagged, answer very specific questions.
jurisdiction
Whose burden is it to establish that you have good character and fitness?
yourself
Whose burden is it to establish that you have good ____________________ – yourself. You have to submit information and get references and list every place you have lived for the past ten years, personal references, professional references, every person you have worked for, transactions.
character and fitness
If a bar application seeks information relating to past misconduct, the applicant must respond fully. She then may argue that the conduct, because of its nature or its age, is not predictive of her future conduct. She also may argue for her admission based upon her current candor, as well as her mental state, community service, age at the time of the misconduct, and the opinions of others about her current character. – The bar doesn’t discount _________________.
rehabilitation.
If a bar application seeks information relating to _______ _________, the applicant must respond fully. She then may argue that the conduct, because of its nature or its age, is not predictive of her future conduct. She also may argue for her admission based upon her current candor, as well as her mental state, community service, age at the time of the misconduct, and the opinions of others about her current character. – The bar doesn’t discount rehabilitation.
past misconduct
What all do we have at issue in Rule 8.1?
Applicant
Any other attorney involved with the application (reference)
Any disciplinary matter
COMMENT 1: if one skates through without telling she is not in the clear. Once you are ________, they can come back against me and say that you have breached a rule.
licensed
If a practicing attorney gets a DUI will they likely lose their law license?
No because it is not a crime of moral turpitude it was stupid judgment.
Rule 8.1 Character and Fitness Application
An application for admission to the bar, or a lawyer in connection with a bar admission application shall not
(a) ____________ make a false statement of material fact; or
(b) Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admission or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6.
knowingly
Rule 8.1 Character and Fitness Application
An application for admission to the bar, or a lawyer in connection with a bar admission application shall not
(a) Knowingly make a _______ _________ of ______ _______; or
(b) Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admission or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6.
false statement
material fact
Rule 8.1 Character and Fitness Application
An application for admission to the bar, or a lawyer in connection with a bar admission application shall not
(a) _______________ make a false statement of material fact; or
(b) Fail to disclose a fact necessary to correct a misapprehension ___________ by the person to have arisen in the matter, or____________ fail to respond to a lawful demand for information from an admission or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6.
knowingly
known
knowingly
Rule 8.1 Character and Fitness Application
An application for admission to the bar, or a lawyer in connection with a bar admission application shall not
(a) knowingly make a false statement of material fact; or
(b) Fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admission or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by ________.
Rule 1.6.
MRPC 3.3 Candor to the Tribunal
(a) A lawyer shall not ___________:
(1) Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.
knowingly
Example: If a bar applicant gets a DUI, will that keep you out?
may not keep you out depends on how forthcoming you are
Example: Will embezzlement keep you out?
Embezzlement will keep you out, especially if it is a recent embezzlement.
Example: Infidelity is not a crime of moral turpitude but if you lie and attempt to cover it up _________________.
that is a crime of moral turpitude (intentional dishonesty).
