ABA Model Rules

Question 1

Rule 8.1(a) - False Statements

Answer 1

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.

Question 2

Rule 8.1(b) - Failure to Disclose Information

Answer 2

Applicant (or 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.

Question 3

Rule 8.1 - Concealment of Past Conduct Constitutes Moral Turpitude

Answer 3

False statements or concealment of facts in response to an inquiry by the admissions committee is itself evidence of sufficient lack of moral character to deny admission - even if the underlying conduct does not involve moral turpitude.

Question 4

Rule 8.4(a) - Violation of the Rules of Professional Conduct

Answer 4

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

Question 5

Rule 8.4(b) - Certain Criminal Acts

Answer 5

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.

Question 6

Rule 8.4(c) - Dishonesty, Fraud, Deceit, or Misrepresentation

Answer 6

ANY conduct involving dishonesty, fraud, deceit, or misrepresentation constitutes professional misconduct.

Question 7

Rule 8.4(d) - Conduct Prejudicial to the Administration of Justice

Answer 7

A lawyer is subject to discipline for engaging in conduct that is prejudicial to the administration of justice.

Question 8

Rule 8.4(e) - Stating or Implying Ability to Improperly Influence Officials

Answer 8

A lawyer must never state or imply that he has the ability to improperly influence a government agency or official or to achieve results by means that violate the law or legal ethics rules.

Question 9

Rule 8.4(f) - Assisting a Judge in Violation of Judicial Code

Answer 9

A lawyer is subject to discipline for KNOWINGLY assisting a judge or judicial officer in conduct that violates the Code of Judicial Conduct, or other law.

Question 10

Rule 8.4(g) - Harassment or Discrimination in Law Practice

Answer 10

A lawyer must not, IN CONDUCT RELATED TO THE PRACTICE OF LAW (e.g., representing clients, interacting with witnesses, operating and managing a law practice), engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status.

Question 11

Rule 8.3 - Duty to Report Professional Misconduct

Answer 11

A lawyer who KNOWS that another lawyer has violated Rules of Professional Conduct in such a way that raises a SUBSTANTIAL question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer must report. the violation to the appropriate professional authority (same for judges). A lawyer who fails to report this type of misconduct is herself subject to discipline for violating the rule requiring disclosure

Question 12

Rule 8.3(c) - Exceptions

Answer 12

Confidential Information and Lawyers’ Assistance Programs

Question 13

Rule 8.5 - Choice of Law in Disciplinary Proceedings

Answer 13

A lawyer will NOT be subject to discipline if her conduct is proper in the jurisdiction in which she reasonably believes the predominant effect of her conduct will occur.

Question 14

Rule 5.5(a) - Unauthorized Practice and Multi-Jurisdictional Practice

Answer 14

(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.

A lawyer who is admitted to practice law in one jurisdiction is not, without more, authorized to practice in any other jurisdiction. A lawyer is subject to discipline for practicing jurisdiction where she is not admitted to practice.

Question 15

Rule 5.5(b) - Unauthorized Practice by Lawye

Answer 15

Except as allowed by that jurisdiction’s laws or ethics rules, the unadmitted lawyer must not: (1) represent that she is admitted to practice in that jurisdiction, or (2) establish an office or other systematic or continuous presence for the practice of law in that jurisdiction

Question 16

Rule 5.5(c) - Permissible Types of Temporary Multi-Jurisdictional Practice

Answer 16

If a lawyer is admitted to practice in one state, and is not disbarred or suspended from practice in any state, then she may provide legal services in a second state ON A TEMPORARY BASIS in four situations:

(a) Association with Local Lawyer - see Rule 5.5(c)(1)
(b) Special Permission to Practice in Local Tribunal - see Rule 5.5(c)(2)
(c) Mediation or Arbitration Arising Out of Practice in Home State - see Rule 5.5(c)(3)
(d) Other Temporary Practice Arising Out of Practice in Home State - see Rule 5.5(c)(4)
(e) Temporary Practice by Foreign Lawyers

Question 17

Rule 5.5(c)(1) - Association with Local Lawyer

Answer 17

A lawyer may practice on a temporary basis in a state in which she is not admitted if she associates a local lawyer who ACTIVELY PARTICIPATES in the matter

Question 18

Rule 5.5(c)(2) - Special Permission to Practice in Local Tribunal

Answer 18

An out-of-state lawyer may request special permission from a local court, administrative agency, or other tribunal to handle a matter in that tribunal - also known as pro hac vice (admission for purposes of this matter only)

An out-of-state lawyer who reasonably expects to be admitted pro hac vice may engage in preliminary activities in the state (e.g., meeting with clients, reviewing docs, interviewing witnesses)

Question 19

Rule 5.5(c)(3) - Mediation or Arbitration Arising Out of Practice in Home State

Answer 19

A lawyer may mediate, arbitrate, or engage in another form of alternative dispute resolution in a state in which she is not admitted to practice if her services arist out of, or are reasonably related, to her practice in the state in which she is admitted.

Question 20

Rule 5.5(c)(4) - Other Temp. Practice Arising Out of Practice in Home State

Answer 20

Catch-All Category
Permits a lawyer to temporarily practice out of state if the lawyer’s out-of-state practice is reasonably related to the lawyer’s home state practice

Question 21

Rule 5.5(d)(1) - Lawyer’s Employed by Their Only Client

Answer 21

Applies to In-House Counsel, Government Employees
Lawyers employed by one client may set up a permanent office to render legal services to their employer in a state in which they are not admitted to practice, but if they want to LITIGATE a matter in that state, they must seek admission pro hac vice

Question 22

Rule 5.5(d)(2) - Legal Services Authorized by Federal or Local Law

Answer 22

In rare instances, federal or local law authorized a lawyer to practice a restricted branch of law in a state in which he is not otherwise admitted to practice (e.g., Patent/Trademark law)

Question 23

Rule 8.5(a) - Consequences of Multi-Jurisdictional Practice

Answer 23

A lawyer who is admitted to practice in only one jurisdiction but practices in another jurisdiction pursuant to Rule 5.5(c) or 5.5(d) is subject to disciplinary rules of both jurisdictions.

Question 24

Rule 5.5(a) - Unauthorized Practice by Nonlawyers

Answer 24

A person is not admitted to practice as a lawyer must not engage in the unauthorized practice of law, and a lawyer must not assist such a person to do so.

Also cannot assist a lawyer whose license has been suspended or revoked in practicing law.

Question 25

Rule 5.5 - Practice of Law

Answer 25

Important considerations in determining whether the practice of law is involved include: (1) whether the activity involves legal KNOWLEDGE and SKILL beyond that which the average layperson possesses; (2) whether the activity constitutes advice or services concerning BINDING LEGAL RIGHTS or remedies; and (3) whether the activity is one TRADITIONALLY performed by lawyers.

Question 26

Rule 5.1(a) - Partners’ Duty to Educate and Guide in Ethics Matters

Answer 26

The partners or managing lawyers of a law firm must make reasonable efforts to assure that the other lawyers adhere to the Rules of Professional Conduct

Question 27

Rule 5.1(b) - Duties of Direct Supervisor

Answer 27

A lawyer who directly supervises the work of another lawyers must make reasonable efforts to assure that the other lawyer adheres to the Rules of Professional Conduct

Question 28

Rule 5.1 (c) - Ethical Responsibility for Another Lawyer’s Misconduct

Answer 28

A lawyer is subject to discipline for a disciplinary violation committed by a second lawyer if:

(a) a lawyer ORDERED the second lawyer’s misconduct or KNEW ABOUT IT AND RATIFIED IT; or
(b) the first lawyer is a partner or manager or has direct supervisory responsibility over the second lawyer, AND she knows about the misconduct at a time when its consequences can be avoided or mitigated and FAILS TO TAKE A REASONABLE REMEDIAL ACTION

Question 29

Rule 5.3 - Duty to Educate and Guide in Ethics Maters

Answer 29

Lawyers who work with nonlawyers must instruct them concerning the ethics of the profession and should be ultimately responsible for their work

Question 30

Rule 5.3(a) - Duty of Partners Respecting Nonlawyer Employees

Answer 30

The partners and managers in a law firm must make reasonable efforts to assure that the conduct of the nonlawyers is compatible with the obligations of the profession

Question 31

Rule 5.3(b) - Duties of Direct Supervisor Respecting Nonlawyer Employees

Answer 31

A lawyer who directly supervises the work of a nonlawyer employee must make reasonable efforts to assure that the conduct of the nonlawyer is compatible with the obligations of the profession