3 Flashcards
Rule 8.3
Reporting Professional Misconduct
8.4(a) A lawyer _________ that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
knows
8.4(a) A lawyer knows that _______ ________ has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
another lawyer
8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a _______ ________ as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
substantial question
8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s ________, ___________, or _______ ____ ___ ________ in other respects, shall inform the appropriate professional authority.
honesty
trustworthiness
fitness as a lawyer
8.4(a) A lawyer knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, _____ _______ the appropriate professional authority.
shall inform
8.4(b) A lawyer _______ that a judge has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
knows
(b) A lawyer knows that a _______ has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
judge
(b) A lawyer knows that a judge has committed a violation of the applicable rules of judicial conduct that raises a _________ _______ as to the judge’s fitness for office shall inform the appropriate authority.
substantial question
(b) A lawyer knows that a judge has committed a violation of the applicable rules of judicial conduct that raises a substantial question as to the _________ _________ for office shall inform the appropriate authority.
judge’s fitness
(c) This Rule does not require disclosure of information otherwise protected by_________ or information gained by a lawyer or judge while participating in an approved ________ ________ _________.
Rule 1.6
lawyer’s assistance program
1.0(f)_________, ________, ________ denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances
Knowingly, Known, Knows
1.0(f) Knowingly, Known, or Knows denotes ________ _________ of the fact in question. A person’s knowledge may be inferred from circumstances
actual knowledge
1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the _____ ____ _______. A person’s knowledge may be inferred from circumstances
fact in question
1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the fact in question. A person’s _________ may be inferred from circumstances
knowledge
1.0(f) Knowingly, Known, or Knows denotes actual knowledge of the fact in question. A person’s knowledge may be _________ ____ _________.
inferred from circumstances
1.0(f) Knowingly, Known, or Knows denotes _________ _______ ____ ___ _____ ____ ______. A person’s knowledge may be inferred from circumstances
actual knowledge of the fact in question
1.0(f) Knowingly, Known, or Knows denotes:
actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances
Rule 8.3: Comment 3: A ______ ___ ________ is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.
measure of judgment
Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “__________” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.
substantial
Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the ________ ____ ____ ______ _________ and not the quantum of evidence of which the lawyer is aware.
seriousness of the possible offense
Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the ________ ____ _______ of which the lawyer is aware.
quantum of evidence
Rule 8.3: Comment 3: A measure of judgment is required in complying with the provisions of this Rule. The term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of ______ ____ ______ ___ ______.
which the lawyer is aware
Is there a duty to self- report under ABA model rules?
NO duty to self-report
If another lawyer’s activity raises a ________ _________ as to their _______, ___________ or ________ as a ______ you have to report them.
substantial question
honesty
trustworthiness
fitness as a lawyer
ABA Ethics Opinion: It is a _________ to threaten to report.
violation
ABA Ethics Opinion: It is a violation to _______ _____ _______.
Threaten to Report
Disciplinary Authority in 8.5(a)
1. ?
2.
3.
- Attorney’s licensed in this state
Disciplinary Authority in 8.5(a)
1.
2. ?
3.
Attorney’s practicing in this state
Disciplinary Authority in 8.5(a)
1.
2.
3. ?
- Can be disciplined by two or more jurisdictions for the same conduct
Rule 8.5
Disciplinary Authority; Choice of Law
Rule 8.5(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of _____________________________. …
this jurisdiction, regardless of where the lawyer’s conduct occurs
Rule 8.5 Disciplinary Authority; Choice of law
(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs.
A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer ____________________________________.
provides or offers to provide any legal services in this jurisdiction
Rule 8.5 Disciplinary Authority; Choice of law
(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction.
A lawyer may be subject to the disciplinary authority of ___________________________________________.
both this jurisdiction and another jurisdiction for the same conduct.
Rule 8.5 Disciplinary Authority; Choice of law
(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:
(1) For conduct in connection with a matter pending before a ________, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (LITIGATION CONDUCT)
tribunal
Rule 8.5 Disciplinary Authority; Choice of law
(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:
(1) For conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the ________ ______ unless the rules of the tribunal provide otherwise; and (LITIGATION CONDUCT)
tribunal sits
Rule 8.5 Disciplinary Authority; Choice of law
(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:
(1) For conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and (_________ __________)
LITIGATION CONDUCT
Under Rule 8.5(b)(1) If the conduct is in connection with a matter pending before a tribunal what rules apply?
The rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise
Rule 8.5 Disciplinary Authority; Choice of law
(2) For any other conduct, the rules of the jurisdiction in which the lawyer’s _________ occurred, or, if the _______ ______ of the ________ is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (NON-LITIGATION CONDUCT)
conduct
predominant effect of the conduct
Rule 8.5(b)(2):
For any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (_________ ________-)
NON-LITIGATION CONDUCT
Example: Lawyer Juliana places an (arguably) false and misleading ad about her services as a lawyer in the Massachusetts Yellow Pages. She is only licensed in Connecticut and Pennsylvania.
In _________ conduct the rules of the jurisdiction in which the tribunal sits will be applied to determine if the attorney’s conduct was appropriate.
In ______________ conduct the rules of the jurisdiction in which the lawyer’s conduct occurred or if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction will be applied.
Litigation
non-litigation
Example: Lawyer Juliana places an (arguably) false and misleading ad about her services as a lawyer in the Massachusetts Yellow Pages. She is only licensed in Connecticut and Pennsylvania.
If a disciplining jurisdiction has adopted the Model Rule of 8.5(b), it will apply the advertising RPC of _____________ because it was not litigation and the predominant effect of the lawyer’s conduct occurred in _______________ where she advertised.
Massachusetts
Massachusetts
