Basic Element of Practice

Question 1

Consequences for breaking the rules? (least to most severe)

Answer 1

1. Probation (can stand alone or be combined with private/public reprimand)
2. Private Reprimand (public won’t know who lawyer is; usually when lawyer was negligent but not a lot of damage/unlikely to reoccur)
3. Public Reprimand (public knows what lawyer did; on its own won’t prohibit lawyer’s practice)
4. Suspension
5. Disbarment (usually can reapply after 5 years; must prove rehabilitation by clear & convincing evidence)

Question 2

Character & Fitness Majority Rule (burden and what’s taken more seriously)

Answer 2

No hard & fast rule barring applicant b/c of past crime/felony; look to factors to determine lack of good moral character

Note:
1. Burden on applicant to prove reformed (usually c&c evidence)

2. Dishonesty taken more seriously than serious crimes