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Professional Responsibility > INTRODUCTION & REGULATIONS OF LAWYERS > Flashcards

INTRODUCTION & REGULATIONS OF LAWYERS Flashcards

1
Q

rules

INTRODUCTION & REGULATIONS OF LAWYERS

A

o Preamble and scope note

o R.8.1 BAR ADMISSION AND DISCIPLINARY MATTERS

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2
Q

2 possible approaches for ethical standards

INTRODUCTION & REGULATIONS OF LAWYERS

A

o Set minimum standards

o Proscribe ideal behavior

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3
Q

approach for ethical standards adopted by ABA

INTRODUCTION & REGULATIONS OF LAWYERS

A

Set minimum standards

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4
Q

primary sources of professional responsibility

INTRODUCTION & REGULATIONS OF LAWYERS

A
  1. ABA model rules
  2. Restatement
  3. Court decisions dealing with ethics rules
  4. ABA state bar ethics decisions
  5. State ethic codes
  6. Other administrative agencies
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5
Q

5 requirements for bar admission

INTRODUCTION & REGULATIONS OF LAWYERS

A
  1. Graduate from accredited undergraduate college
  2. Graduate from law school that meets state’s educational regulations
  3. Submission of application for admission to state bar
  4. Finding that applicant is of good moral and fit for practice of law
  5. Passing score on the bar exam
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6
Q

how to understand the rules

INTRODUCTION & REGULATIONS OF LAWYERS

A

to consider them in connection with the myriad of people to whom a lawyer owes duties

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7
Q

to whom is a lawyer’s primary duty?

INTRODUCTION & REGULATIONS OF LAWYERS

A

her client, duh

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8
Q

depending on the circumstances, to whom may a lawyer also owe duties?
INTRODUCTION & REGULATIONS OF LAWYERS

A
  1. a court or other tribunal
  2. opposing counsel
  3. third parties (witnesses, etc.)
  4. government agencies
  5. the public at large (e.g., pro bono or advertising)
  6. former clients
  7. other members of the lawyer’s firm
  8. the profession
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9
Q

R.8.1

INTRODUCTION & REGULATIONS OF LAWYERS

A

= BAR ADMISSION & DISCIPLINARY MATTERS

  • broader than most rules
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10
Q

3 rules for false statements by bar applicant

LAWYER’S DUTY TO THE PROFESSION

A
  1. Bar applicants must not make false statements or fail to disclose relevant information to the bar
  2. if such misrepresentations are discovered PRIOR to admission = application may be denied
  3. if such misrepresentations are discovered AFTER admission = lawyer would be subject to discipline under the Rules
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11
Q

4 duties for attorney references to bar applications

LAWYER’S DUTY TO THE PROFESSION

A

Attorneys asked to provide information about bar applicants (i.e., references)
1. shall not make false statements
2. shall only provide information that they know is true
3. shall disclose relevant information = affirmative duty to correct any misapprehension known to lawyer to have arisen in app process
UNLESS such information is protected by Rule 1.6 (e.g., attorney represents the applicant in the application process)
4. shall not fail to respond to a lawful demand for information

R.8.1 BAR ADMISSION & DISCIPLINARY MATTERS

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12
Q

3 duties in disciplinary proceedings

LAWYER’S DUTY TO THE PROFESSION

A

Attorneys, including
a. attorney who is the subject of the disciplinary proceeding
b. attorney-witnesses
shall not
1. make false statements
2. fail to disclose information
3. fail to respond to a lawful demand for information in a disciplinary proceeding

R.8.1 BAR ADMISSION & DISCIPLINARY MATTERS

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13
Q

2 exceptions to duties in disciplinary proceedings

LAWYER’S DUTY TO THE PROFESSION

A
  1. attorneys may assert the 5th Amendment (where appropriate)
  2. attorneys are not required to disclose information protected by Rule 1.6 (e.g., where the attorney represents the subject of disciplinary proceedings)

R.8.1 BAR ADMISSION & DISCIPLINARY MATTERS

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14
Q

Breakdown of MPRE Qs

INTRODUCTION & REGULATIONS OF LAWYERS

A
  • ABA Model Rules = 90–94%

- Model Code of Judicial Conduct = 6-10%

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15
Q

Breakdown of MPRE subjects and weight

INTRODUCTION & REGULATIONS OF LAWYERS

A
  • Regulation of the legal profession (6–12%)
  • The client-lawyer relationship (10–16%)
  • Client confidentiality (6–12%)
  • Conflicts of interest (12–18%), arbitrator, mediator, or other third-party neutral
  • Competence, legal malpractice, and other civil liability (6–12%)
  • Litigation and other forms of advocacy (10–16%)
  • Transactions and communications with persons other than clients (2–8%)
  • Different roles of the lawyer (4–10%)
  • Safekeeping funds and other property (2–8%)
  • Communications about legal services (4–10%)
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16
Q

5 themes/statements to recognize

TEST TIP

A
  1. Pay Attention to Statements About the Lawyer’s or the Client’s State of Mind
  2. Pay Attention to the Lawyer’s Motivation When He or She Acts or Fails to Act
  3. Pay Attention to the Lawyer’s Core Behavior
  4. Don’t Fall for a Question That Suggests That the Lawyer’s Conduct, Though
  5. A Client’s Insistence on a Course of Conduct Doesn’t Relieve the Lawyer of the Responsibility to Follow the Rules

Professional Responsibility (12 decks)

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