General Grounds for Discipline

Question 1

Four situations that are grounds for discipline

Answer 1

1. actual or attempted rule violation
2. crimes and dishonesty (generally)
3. actions that harm the justice system (shit talking w/ falsity or reckless disregard to truth)
   ABA: judges, public legal officers, candidates
   CA: judges only
4. discrimination and harassment related to law practice based on protected characteristics
   **e.g., firm hiring practices, harassment of clerk personnel, etc.

Question 2

Where is lawyer subject to regulation

Answer 2

in each state where legal services offered or admitted to practice
*can be disciplined by multiple states for the same conduct
*choice of law depends on circumstances

Question 3

Choice of law if lawyer’s conduct concerns a matter pending before the court

Answer 3

apply rules of that state in which the court sits

Question 4

Choice of law if lawyer’s conduct does not concern a matter pending before the court

Answer 4

apply rules of jx where the predominant effect of the conduct took place