Becoming a Lawyer & Regulation of the Profession

Question 1

What is the approach to professional responsibility?

Answer 1

• The basics
  
  • how someone became a lawyer & lost the right ot be one
• Relationship between the atty & the client
  
  • getting the client
  • keeping the client
  • representing the client
• Lawyer’s duties to the profesion
  
  • invloving avoding in engaging in the unauthorized practice of law
  • reporting professional misconduct when it occurs

Question 2

What governs professional conduct in NY?

Answer 2

• Governed by

On the exam:

• it will be tested as part of an essay
• maybe 1-2 question on NY MCQ

Question 3

When is someone subject to ethical rules?

Answer 3

When they actually do become a lawyer

Question 4

What rules apply to becoming a lawyer?

Answer 4

• subject to ethical rules once you to become a lawyer
• ethical violation to knowingly lie or fail to disclose relevant info on a bar app or other form
  
  • takes into effect after you are admitted
• Atty’s who writes letters of recommendations
  
  • it is unthical to lie or fail to disclose relevant information EXCEPT when there is a duty of confidentiality

Question 5

What is an atty subject to discipline for?

Answer 5

• for committing misconduct
  
  • i.e. - crime, dishonesty or moral turpitude, fraud, decit, misrepresentation, violating one of the mandatory provisions of the professional rules
• You are an atty whenever, whereever you are
  
  • does not matter that the misconduct took place

Question 6

When are lawyers responsible for the acts of others?

Answer 6

• if the atty orders someone to engage in conduct which violate the ethical rules or ratifies the conduct by the other person with knowledge that it violates the ethical rules
  
  • doesn’t matter if the other person is a lawyer or not
  • Can’t approach/contact someone represented by counsel - Go through their atty
• PARTNERS/Supervising Atty
  
  • must rake reasonable stepsto ensure that anyone works for them/supervisory atty follows the ethical rules
• SUBORDINATE
  
  • Generally, cannot be shielded by saying my boss/sr partner told me to
  • EXCEPT - Questionable ethical issues - if a subprdinate acts in conformity w/the supervising atty’s reasonable resolution of the ethical question, the subordinate is shielded