1

Question 1

_________ _________ 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.

Answer 1

Professional Responsibility

Question 2

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.

Answer 2

attorney’s

Question 3

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.

Answer 3

obligation

Question 4

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.

Answer 4

act professionally

Question 5

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.

Answer 5

representative of clients

Question 6

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.

Answer 6

officer of the legal system

Question 7

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.

Answer 7

public citizen

Question 8

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.

Answer 8

special responsibility

Question 9

Professional Responsibility is:

Answer 9

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.

Question 10

person in a specialized field

Answer 10

professional

Question 11

the things you have to do

Answer 11

responsibility

Question 12

The only course required by the ABA

Answer 12

Professional Responsibility

Question 13

What rules we are bound by is contingent on where we are __________.

Answer 13

licensed.

Question 14

Each _________ has its own rules that guide what is not ethical for its barred attorneys

Answer 14

jurisdiction

Question 15

_______ rules are in charge of nobody they are a guideline for states to adopt their own.

Answer 15

ABA

Question 16

The _______ ______ in each state regulates all aspects of the legal profession from admission standards to disciplinary enforcement.

Answer 16

highest court

Question 17

The highest court in each state regulates all aspects of the legal profession from _______ _________ to _______ _______.

Answer 17

admission standards to disciplinary enforcement.

Question 18

What rules we are bound by is contingent on where we are _________. Every jurisdiction is in charge of their ________.

Answer 18

licensed

licensing

Question 19

One restriction: _____ _____ _____ cannot infringe upon your constitutional rights.

Answer 19

State Supreme Court

Question 20

One restriction: state Supreme Court cannot infringe upon your _______ ______.

Answer 20

constitutional rights

Question 21

Court may ________ _________ to the state bar association for regulating bar admissions and disciplinary enforcement.

Answer 21

delegate responsibility

Question 22

________ ________ 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).

Answer 22

local residence and US citizenship

Question 23

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).

Answer 23

condition

Question 24

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).

Answer 24

rationally related

Question 25

US Citizenship requirement violates the

Answer 25

equal protection clause of the 14th amendment

Question 26

In-state residency requirement violates the

Answer 26

Privileges and Immunities Clause of Article 4, Section 2 of the US Constitution

Question 27

**TN Supreme Court cannot infringe on Constitutional Rights. Whatever rule/ regulation has to be______ _______ to some justifiable interest.

Answer 27

rationally related

Question 28

Steps to Bar Admission: 1. 2. 3.

Answer 28

1. Education 2. Knowledge 3. Character and Fitness

Question 29

_________ most states require graduation from an ABA accredited law school.

Answer 29

Education

Question 30

Education:

Answer 30

most states require graduation from an ABA accredited law school.

Question 31

Education: most states require graduation from an ABA- accredited law school. Some states allow for alternative routes: 1. 2.

Answer 31

1. Diploma privilege 2. Apprenticeship

Question 32

________ _______: you do not have to take the bar exam, but you cannot take the license anywhere else.

Answer 32

diploma privilege

Question 33

What state is known for using the apprenticeship method?

Answer 33

California

Question 34

_________ most states require you to pass a bar exam (and the MPRE).

Answer 34

Knowledge

Question 35

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.

Answer 35

good standing

Question 36

__________ ___ _______ 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.

Answer 36

Character & Fitness

Question 37

______ ______ 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.

Answer 37

past conduct

Question 38

Mere conviction of a crime is not necessarily sufficient to _____ _______ to the ______.

Answer 38

deny admission to the bar

Question 39

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.

Answer 39

moral turpitude

Question 40

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.

Answer 40

false statement or the concealment of a fact

Question 41

Often times the _______ is worse than the crime because it shows continued dishonesty.

Answer 41

coverup

Question 42

Often times the coverup is worse than the crime because it shows continued _________.

Answer 42

dishonesty

Question 43

If you failed to put something on your bar application, they will ask open ended questions designed to give you an opportunity to _____ ______.

Answer 43

come clean

Question 44

__________ _______ to correct the record.

Answer 44

proactive duty

Question 45

The lawyer-client relationship is a ________ ________.

Answer 45

fiduciary relationship

Question 46

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.

Answer 46

character fitness moral

Question 47

Attributes of a Good Lawyer 1. ? 2. 3. 4. 5. 6.

Answer 47

1. Truth-speaking

Question 48

Attributes of a Good Lawyer 1. 2. ? 3. 4. 5. 6.

Answer 48

2. High Sense of Honor

Question 49

Attributes of a Good Lawyer 1. 2. 3. ? 4. 5. 6.

Answer 49

3. Granite Discretion

Question 50

Attributes of a Good Lawyer 1. 2. 3. 4. ? 5. 6.

Answer 50

4. Strictest Observance of Fiduciary Duty

Question 51

Attributes of a Good Lawyer 1. 2. 3. 4. 5. ? 6.

Answer 51

Diligent

Question 52

Attributes of a Good Lawyer 1. 2. 3. 4. 5. 6. ?

Answer 52

Responsive

Question 53

#1 complaint is _______ _______ with the _____.

Answer 53

untimely communication client

Question 54

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?

Answer 54

Protection of the public and Upholding standards of the profession

Question 55

We care about: 1. ? 2. 3. 4.

Answer 55

1. Fairness to the candidate

Question 56

We care about: 1. 2. ? 3. 4.

Answer 56

2. the potential for rehabilitation

Question 57

We care about: 1. 2. 3. ? 4.

Answer 57

3. Access to the legal profession

Question 58

We care about: 1. 2. 3. 4. ?

Answer 58

4. second chances/ we all make mistakes

Question 59

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.

Answer 59

jurisdiction

Question 60

Whose burden is it to establish that you have good character and fitness?

Answer 60

yourself

Question 61

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.

Answer 61

character and fitness

Question 62

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 _________________.

Answer 62

rehabilitation.

Question 63

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.

Answer 63

past misconduct

Question 64

What all do we have at issue in Rule 8.1?

Answer 64

Applicant Any other attorney involved with the application (reference) Any disciplinary matter

Question 65

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.

Answer 65

licensed

Question 66

If a practicing attorney gets a DUI will they likely lose their law license?

Answer 66

No because it is not a crime of moral turpitude it was stupid judgment.

Question 67

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.

Answer 67

knowingly

Question 68

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.

Answer 68

false statement material fact

Question 69

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.

Answer 69

knowingly known knowingly

Question 70

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 ________.

Answer 70

Rule 1.6.

Question 71

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.

Answer 71

knowingly

Question 72

Example: If a bar applicant gets a DUI, will that keep you out?

Answer 72

may not keep you out depends on how forthcoming you are

Question 73

Example: Will embezzlement keep you out?

Answer 73

Embezzlement will keep you out, especially if it is a recent embezzlement.

Question 74

Example: Infidelity is not a crime of moral turpitude but if you lie and attempt to cover it up _________________.

Answer 74

that is a crime of moral turpitude (intentional dishonesty).