Lecture Barbri Flashcards
What are the four levels of discipline for attorneys?
(1) Private reprimand/censure
(2) Public Reprimand/censure
(3) Suspension (for a finite period)
(4) Disbarment
Who handles attorney misconduct?
US Supreme Court is ultimate authority, but
State’s highest court determines rules for state.
What is the US Supreme Court standard for the requirements for admission to the state bar?
Must be “rationally related to the practice of law”
Rational =
(1) Graduation from an ABA accredited law school
(2) Refusal to take an oath to uphold the state or federal constitution
What CANNOT be required for admission to the state bar?
(1) US citizenship
(2) Residency in the state
What are the requirements of an APPLICANT for admission to the state bar?
(1) Truth and full disclosure
(2) Duty to cooperate
What duties do lawyers have regarding questions about bar applicants?
(1) Good applicants - should say something
(2) Bad applicants - MUST say something
When do lawyers have to report misconduct by other lawyers?
When you know of a violation:
(1) you must report what you know, unless it is protected as a confidence
(2) must be available to testify about the misconduct (no anonymous tips)
Do lawyers have to report crimes of other lawyers?
Yes, if it is relevant to some aspect of the practice of law.
What if a lawyer commits fraud in the conduct of business other than practice of law?
Can be subject to discipline
What two things trump the duty to report misconduct?
(1) Duty of confidentiality
(2) Membership in an approved lawyer assistance programs that helps lawyers/judges with substance abuse problems
When can a lawyer temporarily practice in a state that he is not licensed in? (but has license in some other state)
Permissible Temporary Multi-Jurisdictional Practice
(1) Associate w/ an active local lawyer
(2) Special permission called “pro hac vice” (this matter only)
(3) Mediation or arbitration out of home state practice
(4) Anything reasonably related to lawyer’s home state practice
Can foreign lawyers practice in the US?
Temporarily, if their services are governed primarily by international law or law of a foreign jurisdiction
What if a lawyer has one client that is doing business in every state?
might be okay, but often need local lawyer assistance
When is a supervising attorney responsible for the ethical violations of subordinate?
If:
(1) knew of the misconduct when consequences could have been avoided or mitigated and they didn’t do anything about it, OR
(2) the violation raises a substantial question of character and supervisor ordered or ratified the conduct
When is a subordinate lawyer NOT responsible for his/her own acts?
IF:
(1) you were told to do it, AND
(2) it’s arguable that what you did was okay
