1) Regulation of Legal Profession Flashcards
powers of state bar court
discipline Ls
hear applications for admission
powers of CA supreme court
disbar or suspend Ls
applicant - state residency requirement
generally can’t have one (P+I clause) unless reason for discriminating is substantial + rationally related to fitness to practice law
PDP for moral ch
1) right to hearing
2) confront adverse wits
3) judicial review of denial
duties re moral ch investigation
1) no false sts (or reckless)
2) no false sts re someone else’s app
3) no fail to disclose fact nec to correct material misapprehension (exception: confid client info)
(CA+MR)
ways to commit prof misconduct
1) violate rules PC (inc attempts/assisting others)
2) crimes that reflect on honest/fitness
3) dishonesty conduct
4) conduct prejudicial to administration of justice
5) say can improperly influence gvt
6) help judge violate law
(CA+MR)
prof misconduct standard: CA
willful breach of CRPC or state bar act
“willful”: intended to (not) commit the act –> dnn know that beh is violation of standards or have bad faith
prof misconduct: crimes: CA
(B+P):
crime/act
of moral turpitude, dishonesty, or corruption
(whether or not part of practice of law)
–> disbarment, suspension when get certified copy of conviction
har/discrim: MR + CA:
no har/discrim in practice of law based on:race, sex, relig, ntl origin, ethnicity, disability, age, sexual orientation, gender ID, marital status,
socioeconomic status (MR only!)
har/discrim: CA only
- also can’t retaliate
- additional bases: color, ancestry, mental disability, med condition, genetic information, gender/expression, military/veteran status
can’t discrim in rep/client choosing OR in tx of ees
har/discrim: CA rule: what’s ok
1) rep a client alleged to have unlawfully discriminated
2) decline or withdraw from rep
3) advocacy
multi-jurisdictional practice: CA+MR
can’t rep self as able to practice in a j. where you’re not, and can’t establish office/systematic+continuous presence
multi-jurisdictional practice: CA+MR: exceptions
1) association (other L admitted + actively participates)
2) pro hac vice
3) ADR
4) arise out of practice in other j. where can practice
5) patents, etc
multi-j practice: CA vs MR: inhouse counsel
MR: ok be in house counsel but must do PHV to litigate
CA rule also: only canp rovide legal services to employer, can’t personally rep customers/ees/etc. (+ same PHV rule)
multi-j practice: CA qualifying legal services provider
ok work for registered org providing free legal services to indiget clients for up to 3 years (reqs)
