Integrity of the Profession Flashcards
Unauthorized Practice of Law
- A lawyer shall not practice with or form a partnership or association authorized to practice law with a non-lawyer.
- A lawyer shall not share legal fees with a non-lawyer.
- A non-lawyer shall not direct or control the lawyer’s professional judgment.
Supervising Non-Lawyers
A non-lawyer MAY work under the direct supervision of a practicing lawyer who is licensed in that jurisdiction.
Supervising lawyers and partners must make reasonable efforts that a non-lawyer’s conduct is compatible with the
lawyer’s obligations
A lawyer MUST give such assistants appropriate instruction and supervision concerning the ethical aspects of their
employment
A lawyer CANNOT assist a person in the
unauthorized practice of law.
Is a L responsible for a non-L ethical violations?
(a) orders the conduct;
(b) ratifies the conduct with knowledge of the specific conduct involved; OR
(c) knows the employee’s conduct at a time when its consequences can be avoided, fails to take reasonable remedial action, and has managerial authority of the law firm or direct supervisory authority over the person.
Employment of Disbarred, Suspended, Resigned Lawyer (CA Rule)
In CA - a lawyer CANNOT employ or associate with a disbarred, suspended, resigned or involuntary active lawyer for any activity that constitutes the practice of law,
BUT L may hire and properly supervise a disbarred, suspended, resigned, or involuntarily inactive member to do non-attorney work. Hiring L must serve written notice to the State Bar and CL
Responsibilities of Subordinate Lawyer
: Under both the MR and CA rules, a subordinate lawyer must conform to the ethics rules even if acting under the direction of a supervising lawyer.
The subordinate lawyer does not violate the ethics rules, if he acts in accordance with the supervising lawyer’s reasonable resolution of an arguable question of law.
Reporting Professional Misconduct (CA vs. ABA)
ABA rule: A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the
appropriate professional authority.
California rule permits, but does not require, the reporting of ethical violations.
CA Rule: CA requires lawyers to report themselves when a
lawyer has been:
a. Sued for malpractice 3 times in 12 months.
b. Found civilly liable for fraud, breach of fiduciary duty,
etc.
c. Sanctioned more than $1,000.
d. Charged with a felony.
e. Convicted of a serious crime.
f. Disciplined in another jurisdiction.
