Duty to Maintain Integrity of the Profession Flashcards
Rule for unauthorized practice of law
ABA and CA: lawyer may not assist another in the unauthorized practice of law.
What is the rule for hiring a disbarred attorney in CA? What is the exception and its requirements?
A lawyer may not employ, associate in practice with, or assist a person the lawyer knows or reasonably knows is disbarred in activitites constituting the practice of law.
Exception: a lawyer may employ a disbarred lawyer to perform research, drafting, or clerical activities (prepatory in nature). The disbarred lawyer may not engage in the counseling or a client, appear before any tribunal, or communicate with the client on substantive matters that constitute the practice of law. Lawyer must exercise own professional disrection.
Requirement: the lawyer must notify the State Bar and the client of employment.
What is the lawyer’s duty as a direct supervisor?
ABA/CA: lawyer with direct supervisory authority other another lawyer or non-lawyer must make reasonable efforts to ensure that the supervised person’s conduct conforms to the ethics rules
