C. Regulation after Admission Flashcards
What type of misconduct may Lawyer be subject to discipline?*
Attempt to violate
Assist other to violate
Use other’s act to violate
Criminal conduct (dishonesty/untrustworthiness/unfitness)!!!
- Cheating on bar exam
- Plagiarism
- Misuse expense accounts to defraud law firm
- Overcharging Clients!!!
Other conduct (dishonesty/fraud/deceit/misrep) - Even if Lawyer is NOT active in law practice!!!
Conduct prejudicial to administration of justice
Stating/Implying ability to improperly influence gov agency/official to achieve results by means that violate rules!!!
Knowingly assisting judge in illegal conduct!!!
Discriminatory/Harassment conduct ‘related to law practice’!!!
- Race/sex/religion/national origin/ethnicity/disability/age/sexual orientation/gender identity/marital status
NOT conduct promoting diversity!!!
When is Lawyer subject to discipline for failure to report violation committed by another lawyer/judge?*
Lawyer’s violation!!!
1) Lawyer knows Another Lawyer committed violation
2) That raises ‘substantial question’ as to Another Lawyer’s honesty/trustworthiness/fitness
3) Lawyer fails to report violation
Judge’s violation!!!
1) Lawyer knows Judge violated Code of Judicial Conduct
2) Lawyer fails to report violation
NOT info protected by duty of confidentiality
- Lawyer learned of violation while representing Another Lawyer
NOT violation that Lawyer learned of while participating in ‘approved lawyer’s assistance program’
NOT solicitation of prostitution
NOT single DUI
When do disciplinary proceedings against a lawyer begin?
Once complaint is filed with State Disciplinary Authority
Can Lawyer appeal against disciplinary decision?
Yes - By the state’s ‘highest’ court (for review)
Which choice of law applies in disciplinary proceedings?*
Alleged misconduct in proceeding pending before tribunal
- Must apply ethics rules of jurisdiction in which tribunal sits!!! (UNLESS tribunal’s rules state otherwise)
Other misconduct
- If ‘predominant effect’ of misconduct is in X jurisdiction => Must apply ethics rules of X jurisdiction!!!
How may ‘predominant effect’ jurisdiction be determined?
Lawyer + Client may enter advance written agreement
What is the majority view on Sister States imposing sanctions?
Sister states can impose own sanctions
Sister states can accept one state’s disciplinary action as proof of Lawyer’s misconduct
Federal Court will make independent evaluation of discipline
Which State may discipline Lawyers?*
Lawyer admitted to State
- State may discipline Lawyer
- Regardless of location of misconduct!!!
Lawyer NOT admitted to State
- If Lawyer renders/offers to render legal services in State => State may discipline Lawyer!!!
