(1) Professional Responsibility: Regulation of the Profession

Question 1

Before Admission to State Bar

Answer 1

1. Residency Requirements are per se invalid
2. Character Requirements – applicants bear the burden of demonstrating they possess good moral character.
3. Duty to Cooperate
   Rule: Prohibits an applicant from making a statement of material fact that the applicant knows to be false, or making a statement with reckless disregard to its truth or falsity.

Question 2

Rule:

Duty to Cooperate

Before Admission to State Bar

Answer 2

Prohibits an applicant from making a statement of material fact that the applicant knows to be false, or making a statement with reckless disregard to its truth or falsity.

Question 3

After Admission

Overview

Answer 3

1. Professional Misconduct
2. Reporting Professional Misconduct

Question 4

Rule:

Professional Misconduct

After Admission

Answer 4

It is professional misconduct for a lawyer to: (1)violate ethical rules; (2) commit a criminal act that reflects adversely on the honesty, trustworthiness, or fitness as a lawyer; (3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (4) engage in conduct that is prejudicial to the administration of justice; (5) state/imply an ability to improperly influence a government agency or official; AND/OR (6) knowingly assist a judge or judicial office in a violation of ethical rules or other law.

Question 5

Is it professional misconduct under the ABA to “attempt” an ethical violation?

After Admission

Answer 5

YES, under the ABA an “attempt” to violate an ethical rule is also deemed misconduct.

Question 6

Reporting Professional Misconduct (ABA)

After Admission

Answer 6

A lawyer must report another lawyer or judge when (1) the lawyer knows, (2) the other lawyer/judge violated the ethical rules, (3) that raises a substantial question, (4) as to their honesty, trustworthiness, or fitness as a lawyer/judge.

Question 7

Reporting Professional Misconduct (CA)

After Admission

Answer 7

A lawyer is not required to report known violations of others.

A lawyer must self-report if (1) charged with a felony; (2) convicted of a serious crime; (3) found civilly liable for fraud/misrepresentation/breach of fiduciary duty/gross negligence committed in a professional capacity; (4) disciplined; (5) sanctioned $1K or more, except for discovery sanctions; (6) sued for malpractice 3 or more times within a year; OR (7) a court judgement is based upon misconduct, grossly incompetent representations, or willful misrepresentation of the lawyer.

Question 8

Unathorized Practice of Law

After Admission

Answer 8

A lawyer cannot practice law in a state/jurisdiction where the lawyer is not admitted to practice law. A lawyer cannot assist a person in the unauthorized practice of law.

A lawyer not admitted to practice law in the state cannot (a) have an office or systematic/continuous presence in such state for the practice of law; OR (b) hold out to the public that the lawyer is admitted to practice law in the state.

Question 9

Define “Practice Law”

After Admission - Unathorized Practice of Law

Answer 9

Practice of law means doing things that call for the professional judgement of a lawyer.

Question 10

Unathorized Practice of Law Rule - CA Exceptions

After Admission

Answer 10

In CA, the following exceptions apply to the rules: counsel pro hac vice, appearances by military counsel, certified law students, out of state attorney arbitration counsel program, registered foreign legal consultant, registered legal services lawyers, registered in house counsel, lawyers practicing temporarily in CA as part of litigation and non-litigating lawyers temporarily in CA to provide legal services.