admission to practice

Question 0

How to challenge a disclosure request on an application to the state bar

Answer 0

an applicant may challenge the validity of the question on legally tenable grounds

Question 1

duties of a bar applicant seeking admission

Answer 1

1. cannot knowingly make a false statement of material fact
2. cannot fail to disclose a fact necessary to correct a misapprehension.
3. cannot knowingly fail to respond to a lawful demand for non-confidential information

Question 2

claiming privilege against self incrimination in application for admission to the bar

Answer 2

1. privilege must be claimed openly
2. applies only when the applicant is threatened with criminal prosecution.
3. mere possibility of discipline by the state is not sufficent

Question 3

duties of lawyers asked to recommend or provide information about a candidate for admission to the state bar

Answer 3

must have a good faith belief the applicant is qualified to practice law.

must not lie or fail to disclose relevant information except when information is protected by the attorneys duty of confidentiality.

Question 4

test regarding past incidents on the ability to become a lawyer

Answer 4

incident must have a rational connection to the applicants fitness or capacity to practice law.

Question 5

purchase of a law practice conditions

Answer 5

1. selling attorney must cease all private practice of law or will not practice in the same geographical or substantive area
2. entire practice is sold to one or more lawyers
3. seller notifies all clients in writing which includes
   a. the proposed sale
   b. clients right to obtain other counsel or take possession of their file
   c. notice that consent will be presumed without action of the client after 90 days of receipt of notice
4. court order required for clients who are not able to be notified