Additional Duties to the Profession and Public: Policing the Profession

Question 1

This is forbidden in order to protect the public from incompetence.

Answer 1

The unauthorized or unlicensed practice of law

Question 2

Practicing lawyers can be disciplined for assisting in…

Answer 2

the unauthorized practice of law by any person not in good standing in a bar.

Question 3

Firms cannot hire in any capacity…

Answer 3

a lawyer who was associated with the firm at or after when his license was suspended or revoked.

Question 4

Lawyers with suspended or revoked licenses may work in a non-lawyer capacity at a different firm, but….

Answer 4

the firm cannot represent clients that the lawyer had at or after the acts that got him disciplined.

Question 5

Real estate brokers filling in blanks on standard real estate contracts (is/is not) the unauthorized practice of law.

Answer 5

is not, so long as they do not charge separate fees for the contracts or draft contract language.

Question 6

If you are from out of state, but icensed in good standing in another state or foreign country and not disbarred or suspended in any jurisdiction, you may temporarily and occasionally practice in VA if:

Answer 6

1. you associate with a locally admitted lawyer (no pro hac vice unless associated with local counsel) who actively participates in the matter
2. your services relate to alternative dispute resolution, or
3. the matter is reasonably related to your home state practice or is governed by international law.

Question 7

If you are practicing pro hac vice in Virginia, you must…

Answer 7

notify the client in writing that you are not licensed to practice in VA.

Question 8

In-house counsel who work only for their company may…

Answer 8

apply for a corporate counsel certificate or register with the Bar to work in Virginia.

Question 9

Law firms cannot restrict your rights after termination; non-compete covenants are…

Answer 9

impermissible.

Question 10

Restrictions on your practice as part of a non-compete settlement must be….

Answer 10

approved by a tribunal or government entity.

Question 11

If you leave your firm, or it dissolves, clients must be…

Answer 11

given specific notice, preferably in a joint statement.

Question 12

You must report to the appropriate professional authority any other lawyer’s or judge’s violation of the rules if…

Answer 12

it raises a substantial question as to that person’s honesty, trustworthiness, or fitness as a lawyer.

Question 13

What are the exceptions to the Duty to Report Misconduct?

Answer 13

• the information is privileged because the violating attorney is your client
• you discovered it when helping the attorney in an approved substance abuse program, or
• it is confidential information and you don’t have the client’s consent.

Question 14

If you learn of lawyer or judge misconduct through confidential means, you must obtain ______ _______________ before reportng it to the proper authority.

Answer 14

client consent. Similarly, if you discovered the violation when acting as a mediator, the parties must consent to its revelation.

Question 15

If you are disciplined in another jurisdiction, or convicted of a felony, or convicted of an attempt or crime of theft, bribery, extortion, fraud or perjury, you must…

Answer 15

report yourself to the proper disciplinary authority in Virginia.

Question 16

The most common sanctions for violating the Rules of Professional Conduct are:

Answer 16

disbarment, suspension, or censureby the courts or bar. You may also be ordered to limit your practice, pay fines or restitution to victims, enter rehab or take CLE, or retake the bar exam!

Question 17

VA sanctions attorneys, not…

Answer 17

firms, although some rules restrick law firm behavior.

Question 18

You may also be subject to state and federal court sanctions, and..

Answer 18

civil and criminal liability.

Question 19

If you are under the control or supervision of another attorney, e.g., a senior partner, who ratifies or orders you to act in violation of an ethical rule, is that okay?

Answer 19

It depends!

• If the action is a clear violation, you are subject to discipline.
• If it’s a debatable violation, your supervisor is solely responsible.

If your supervisor ratified the action or actually knew of the conduct and failed to take remedial action, he is in violation.

Question 20

You must make reasonable efforts to ensure that the conduct of all firm employees and outsourced workers comports with..

Answer 20

the professional obligations of a lawyer.

Question 21

You are responsible for violations by non-lawyers if…

Answer 21

you failed to take remedial action when you knew or merely should have known of the conduct.