1. Regulation of the Legal Profession Flashcards
A lawyer is subject to the regulations of which states?
A lawyer is subject to regulation by each state in which the lawyer is admitted to practice, regardless of where the lawyer actually practices law or where the lawyer’s conduct occurred.
[ABA Model Rule 8.5]
What is the rule regarding **false statements **in bar admission application?
An applicant for admission to the bar, or a lawyer in connection with a bar admission application, must not knowingly make a false statement of material fact.
[ABA Model Rule 8.1(a)]
What is the rule regarding failure to disclose information with regards to a bar admission application?
An applicant (or a lawyer in connection with an applicant’s application for admission to the bar) must not:
(1) fail to disclose a fact necessary to correct a misapprehension known by the person to have
arisen in the matter, or
(2) knowingly fail to respond to a lawful demand for information from an admissions authority.
[ABA Model Rule 8.1(b)]
Exception: this rule does not, however, require disclosure of information otherwise protected by the confidentiality provisions of the Rules of Professional
Conduct
What is professional misconduct for a lawyer?
Violation of the rules of professional conduct, certain criminal acts, etc……….
[fill in later]
What violations of the rules of professional conduct constitute professional misconduct for lawyers?
It is professional misconduct for a lawyer to:
(1) violate or attempt to violate any of the Rules of Professional Conduct,
(2) knowingly assist or induce another person to violate the Rules, or
(3) use the acts of another person to commit a violation.
[ABA Model Rule 8.4(a)]
What criminal acts constitute professional misconduct for lawyers?
A lawyer is subject to discipline for committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects. [ABA Model Rule 8.4(b)]
To constitute professional misconduct, the crime must involve some characteristic that is relevant
to the practice of law.
It is valid for a state to require an applicant for admission to the bar to take an oath to uphold the state and federal constitutions. An applicant who refuses to take such an oath may be denied admission because there is a rational connection between this requirement and the practice of law.
However, a state cannot require that an applicant be a United States citizen; such a requirement violates the Equal Protection Clause of the United States Constitution. Similarly, a requirement that a bar applicant be a resident of the state in which she is seeking admission violates the Privileges and Immunities Clause of the Constitution and is therefore invalid.
What is the rule against the unauthorized practice of law?
The rule against unauthorized practice of law has two prongs:
(1) a lawyer is subject to discipline for practicing in a jurisdiction where she is not admitted to
practice, and
(2) a lawyer is subject to discipline for assisting another person in the unlicensed practice of law.
[ABA Model Rule 5.5(a)]
