A. Basic Concepts on Admission to Practice

Question 1

What is a Merit-based practice?

Only Rely on MoC
Not give A of i on ctap

Answer 1

Section 2. Merit-based practice. — A lawyer shall rely solely on the merits of a cause and not exert, or give the appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency, or its proceedings.

Question 2

According to Section 2 on Merit-based practice, what should a lawyer rely on solely?
a) Personal connections
b) The merits of a cause
c) Financial resources
d) Political influence

Answer 2

Answer: b) The merits of a cause

Question 3

Question 2:
Section 2 states that a lawyer shall not:
a) Prepare thoroughly for cases
b) Argue persuasively in court
c) Exert or give the appearance of influence on the court
d) Present evidence to support their case

Answer 3

Answer: c) Exert or give the appearance of influence on the court

These questions highlight the key points of Section 2:
1. Lawyers should rely solely on the merits of a cause.
2. Lawyers should not exert or appear to exert influence on courts, tribunals, or other government agencies.
3. Lawyers should not undermine the authority of these bodies or their proceedings.

By focusing on these aspects, the questions help reinforce the core principles of merit-based practice as outlined in the section.

Question 4

Break down merit based practice

Answer 4

To make this easier to memorize, let’s break it down into key components:

1. Lawyer’s Reliance:
   
   • Rely solely on the merits of a cause
2. Prohibited Actions:
   
   • Do not exert influence
   • Do not give appearance of influence
   • Do not undermine authority
3. Protected Entities:
   
   • Court
   • Tribunal
   • Other government agency
4. Protected Aspects:
   
   • The entities themselves
   • Their proceedings

Mnemonic device: “MERIT PIPS”

M - Merits only
E - Exert no influence
R - Rely on case strength
I - Influence, not even appearance of
T - Tribunal and court respect

P - Proceedings untouched
I - Integrity of agencies preserved
P - Protect authority
S - Solely on case merits

This breakdown and mnemonic device should help in memorizing the key points of the section more easily.

Question 5

A lawyer has a close personal friendship with a judge presiding over their case. The lawyer invites the judge to dinner to discuss the case informally. Is this action consistent with Section 2 on Merit-based practice?

a) Yes, as long as they don’t explicitly discuss the case
b) Yes, if they split the bill equally
c) No, this could give the appearance of exerting influence
d) Yes, if they invite opposing counsel as well

Answer 5

Answer: c) No, this could give the appearance of exerting influence

Legal reason: This action violates Section 2 as it could give the appearance of exerting influence on the court. The lawyer should rely solely on the merits of the cause and avoid any action that might undermine the court’s authority or proceedings. Even if no actual influence occurs, the appearance of impropriety is sufficient to violate this ethical standard[1][3].

Question 6

A lawyer discovers that a government agency official involved in their administrative case is a distant relative. The lawyer should:

a) Inform the client and continue representation as normal
b) Disclose the relationship to all parties and the agency
c) Use the relationship to gain an advantage in the case
d) Withdraw from the case without explanation

Answer 6

Answer: b) Disclose the relationship to all parties and the agency

Legal reason: This answer aligns with Section 2’s requirement to avoid exerting or giving the appearance of influence. By disclosing the relationship, the lawyer maintains transparency and allows the agency and other parties to determine if there’s a conflict of interest. This approach relies on the merits of the cause rather than personal connections, and it doesn’t undermine the agency’s authority or proceedings[1][3][5].