Admission to the Bar and Legal Profession Flashcards
Maintaining the Integrity of the Profession
8.1
Applicant for admission to the bar shall no:
a. knowingly make a false statement of material fact
b. fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from admissions or disciplinary authority. Does not require disclosure of info protected by 1.6
* Pleading the fifth is the worst thing you can do because you admit there was a lie by refusing to answer
Misconduct: Rule 8.4(g)
A lawyer should report the misconduct of a lawyer if you know or reasonably should know is harrassment or discrimination based on sex, gender, race, religion, etc.
*Applies to lawyers generally but hasn’t been adopted in all states because many states do not like this applies to both laywering and advocating
Pleading the 5th
A lawyer or prespective lawyer may plead the 5th, however, according to 8.1 comment 2, it must be done openly.
What is misconduct under 8.4?
- Violates or attempts to violate the rules or knowingly induced another to do so
- Commits a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
- Engages in conduct involving dishonesty, fraud, deceit or misrepresentation;
- Engages in conduct that is prejudicial to the administration of justice;
- States or implies an ability to improperly influence a government agency or official or to achieve results by violating the Rules or other law;
- Knowingly assists a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
Rule 1.2: Governs lawyer/client relationship
(d) prohibits lawyers from knowingly engaging in criminal activity
Disciplinary Process
- Complaint by Client or Lawyer investigated by bar counsel
2a. Charges filed, if warrwanted
2b. If not warranted, file close
2a. Hearing committee conducts a hearing, factural findings, recommends sanction
4a. Reviewed by judical agency and/or by highest court
Who regulates lawyers?
Courts, state legislature, state and local bar associations
Rule 5.1(a) and (b-Supervisory lawyer): Responsibilities of a Partner or Supervisory Lawyer
Partner or another lawyer with managerial authority, shall make reasonable efforts to ensure the firm has measures giving reasonable assurance that all lawyers in the firm conform to the Rules.
When will a supervisory lawyer or partner be responsible for another lawyer’s violation fo the Rules
Under 5.1(c) a lawyer will be held responsible if:
- lawyer orders or with knowledge of the conduct and fails to ratify it
- Is a partner or has managerial authority or direct supervisory authroity and knows of the conduct at the time when consequences could be mitigated
Rule 5.2: Responsibilities of Subordinate Lawyers
(a) Bound by the rules notwithstanding that the lawyer acted at the direction of another
(b) Does not violate the rule if L acts in accordance with a supervisory lawyer’s reasoable resolution of an arguable question of professional duty.
5.3: Lawyer’s responsibility over non-lawyer assistants
Must make reasonable efforts to ensure non-lawyer’s conduct is compatible with obligations of the lawyer and will be held responsible for any violations if:
- L orders or ratifies specific conduct
- Has managerial authority and knows of the conduct at the time when its consequences can be avoided or mitigated but fails to do so.
Are partnerships with non lawyers permitted?
No. Under 5.4(b) a nonlawyer may not be a partner in any practice of law and shall not form a partnership with a nonlawyer if any of the activities of the parternship cosist of law.
May a lawyer share legal fees with a nonlawyer?
No. Unless it is to a lawyer’s estate or to one or more person’s after a lawyer’s death.
A lawyer may include nonlawyers in a compensation or retirement plan, even if the plan is based in whole or in part on a profit-sharing arrangement.
