Losing the right to become a lawyer Flashcards
exception to violations of the model rules
- refusal to comply with a legal obligation in good faith belief that no valid obligation exists, even if lawyer is later proven wrong in a challenge to the rule or law
- lawyer may advise a client concerning actions client may legally take and client does not thereby become an agent of the lawyer in violation of the rules
refusal to cooperate with a disciplinary proceedings
exceptions
where the lawyer can claim privilege against self incrimination
where disclosure would disclose confidential information
jurisdictional authority to discipline as a result of lawyers conduct
- subject to jurisdiction admitted regardless of where conduct occurred
- subject to jurisdiction not admitted to if lawyer provides or offers legal services in that jurisdiction
- may be subject to discipline in both for the same conduct
choice of law and rules governing lawyers conduct
- in matter pending before tribunal will be subject to rules where tribunal sits unless rules of the tribunal provide otherwise
- other conduct will be subject to where conduct occurred unless predominant effect of conduct is in a different jurisdiction. If so, the rules of where the predominant effect of the conduct will apply.
predominant effect exceptions
- if the conduct conforms with the jurisdiction that the lawyer reasonably believes the predominant effect of the conduct will occur, the lawyer is not subject to discipline.
agreement restricting right to practice
may not agree or participate in any agreement that restricts lawyers right to practice after termination of the relationship other than agreements concerning retirement benefits or restrictions included in the sale of a law practice.
partners responsibilities for subordinates
reasonable efforts establishing internal policies and procedures to provide all attorneys and non attorneys comply with ethical rules.
- is responsible for conduct ordered or ratified by the partner or supervising attorney
- learned of conduct and failed to take reasonable remedial action at a time when it could be remedied
shield defense for subordinate lawyer
No defense for subordinate lawyer when there is a clear violation
if there is a debatable ethical question subordinate may defer to supervisors reasonable resolution to the question.
law related services defined
services that might reasonably be performed in conjunction with and are related to the provision of legal services but not prohibited when provided by a non-lawyer as the unauthorized practice of law.
lawyer is subject to the model rules in the provision of law-related services if:
- circumstances are not distinct from the lawyers provision of legal services. or,
- if lawyer fails to take reasonable measures to ensure persons obtaining services are aware that they are not obtaining legal services and not protected by lawyer-client relationship
predominant effect exception
If the lawyer conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of his conduct will occur, the lawyer is not subject to discipline
choice of law rule governing lawyer conduct
lawyers conduct in connection with a matter pending before a tribunal will be subject to the rules of the jurisdiction where the tribunal sits unless the rules of the tribunal provide otherwise
other conduct will be subject to where the predominant effect of the conduct is in a different jurisdiction
actions constituting Professional Misconduct (6)
- Violation of the Model Rules
- Criminal Acts reflect on honesty trustworthiness or fitness
- conduct involving dishonesty fraud deceit or misrepresentation
- conduct prejudicial to the administration of justice
- stating or implying improper influence
- knowingly assisting in violation of the rules of judicial conduct
