A. Powers of Courts & Other Bodies

Question 1

What powers do States have?*

Answer 1

‘Highest’ State Court
- Regulate legal profession (within their police powers)!!!

Bar Associations

• Administer of bar examinations
• Allow legal education programs
• Assist with discipline

Legislature
- Govern some aspects of legal practice

Question 2

What powers do Federal System have?

Answer 2

Federal Statute/Case Law/Court/Agency Rule
- Govern federal practice

State Ethics Laws/Rules
- Govern federal government attorneys’ duties (in the state where they engage)

Question 3

Does ABA have disciplinary authority?*

Answer 3

NO!!!

- Membership is voluntary

Question 4

What is the difference between ‘must’ and ‘should’ rules in ABA?*

Answer 4

‘Must’ rules

• Mandatory
• Discipline for violation

‘Should’ rules

• NOT mandatory (advisory)
• NO discipline for violation!!!