7) Maintaining integrity of legal profession

Question 1

reporting others’ misconduct: CA vs MR

Answer 1

MR: L who knows that another L has violated model rules + raises substantial q re honesty/fitness MUST INFORM (exception: assistance program)

CA: no equivalent! no duty to report!
(but if agree to NOT report ethics violation this is void as against public policy)

Question 2

self-reporting: CA

Answer 2

must report self to state bar in writing w/in 30 days if:

1) 3+ malpractice suits against you in 1 year
2) entry of judgment against you in lawsuit for fraud/misrep/breach of fiduciary duty/gross negligence (if prof)
3) sanctions (but not dy sanctions or if less than $1,000)
4) indictment for felony
5) convicted/pled to felony, or misdemeanor in course of practicing law, or if C was victim, or if nec elemet was dishonesty or attempt/solicitation
6) discipline by another prof/occupational licensing board
7) reversal of judgment in proceeding based on misconduct, grossly incompetent, willful misrep

Question 3

unauthorized practice of law: CA + MR

Answer 3

can’t assist others in unauthorized practice of law
+ can’t partner with nonlawyer if any activities of the partnership are practice of law
+if employ disbarred/suspended/etc atty to help, must serve w written notice of the employment

(misdemeanor in CA to hold out as L)

Question 4

pro bono: CA + MR

Answer 4

aspirational 50 hrs

Question 5

group legal services orgs: CA + MR

Answer 5

ok be director, officer, member of legal services org

• -even if the org serves ppl w interest adverse to C
• -can’t knowingly participate in dec where would create conflict w client or decision could have material adverse effect on rep of a client of the org, whose interests are adverse to a client of the L

Question 6

law reform activities: MR vs CA

Answer 6

MR: L can be director/officer/etc even if may affect interests of C. Must disclose the fact tha tmay affect but dnn to id the C

CA: no corresponding rule!