Mass Professional Responsibility

Question 1

Bar counsel recommends

Answer 1

1) Dismissal of complaint; 2) Admonishment in file; 3) Formal proceeding; 4) Formal Discipline

Question 2

In a hearing, the four types of discipline that can be imposed are:

Answer 2

1) Admonishment; 2) Public Reprimand; 3) Suspension; 4) Disbarment

Question 3

Malpractice

Answer 3

Attorneys are subject to malpractice claims by clients, but the commission of malpractice does not necessarily mean the conduct which led to the claim is subject to, rises to the level of or is appropriate for discipline

Question 4

U.S. Supreme Court states that requirements for admission must be rationally related to the practice of the law.

Answer 4

It is rational to require:

1) Graduation from an ABA credited law school or school authorized by state statute to grant JD or bachelor of law;
2) Take an oath to uphold federal and state constitutions

It is not rational to require:

1) In-state residency
2) National citizenship

Question 5

Self-Regulating Profession

Answer 5

When you know of a violation that raises a substantial question as to the lawyer’s character and fitness, you should inform bar counsel’s office and lawyer who messed up. You need to be able to testify against him.

Only does not apply if you learn about the conduct through representation.

Question 6

Applicants of the bar

Answer 6

1) Must pass the MPRE
2) Must have good moral character
- Must not knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension known to the lawyer
- Has a duty to cooperate.

Question 7

Licensed in More than One State

Answer 7

Discipline by one state does not mean there will be discipline in the other. Other states make an independent determination of whether the conduct complained of violates the state’s ethical rules. Most other states will give sister state’s determination full faith and credit.

Question 8

Permissible temporary multi-jurisdictional practice

Answer 8

1) Associate with an active local lawyer;
2) Pro hace vice
3) Mediation or arbitration out of home state practice
4) Anything reasonably related to Lawyer’s home state practice.

Question 9

Following activities require a license

Answer 9

1) Appearing in court and depositions
2) Drafting legal documents that substantially impact client’s rights
3) Negotiate a settlement

Question 10

Following activities do not require a license

Answer 10

1) Interview people
2) Filling in forms
3) Writing legal memos

Question 11

Who is empowered to make decisions on legal matters

Answer 11

1) Client decides merits of case, such as to settle, appeal, take the stand
2) Attorney decides strategy, tactic or procedure except when comes to cost. They must abide by client’s wishes unless illegal, unethical or immoral

Question 12

What if the client loses ability to make decisions or suffers diminished capacity because of mental impairment or some other reason?

Answer 12

1) Lawyer must to extent possible maintain normal relations
2) If lawyer believes that client is at risk of substantial physical, financial or other harm, the lawyer must a) consult with family members, adult protective agencies who can protect the client; b) if reasonably necessary seek the appointment of a guardian or conservator; c) and confidential information may be disclosed only to extent necessary to protect client’s interests

Question 13

Take cases you are competent to handle

Answer 13

1) Physically and mentally able
2) Legal Knowledge
3) Time

Question 14

If you are not competent to take a case, give client the following advice:

Answer 14

1) Get another lawyer
2) Bring in co-counsel
3) Ask for time to learn it

Question 15

Hindering a lawyer’s future right to practice

Answer 15

A lawyer may not enter into a non-compete agreement or provision with current partners and associates unless there is a retirement or it is resolving an existing conflict

Question 16

Trade names cannot be deceptive

Answer 16

The test is whether it is false or misleading for a layperson.

Question 17

When most a person’s name be removed?

Answer 17

If it is permanent must be removed such as disbarment or becoming an ambassador. If temporary, can stay on door.

Question 18

May you hold yourself out as a specialist?

Answer 18

You can as long as you make a statement that concentrate or specialize in a specific area, you can appear that way in a directory listing or any other way associated with law.

The lawyer can only say certified if it is from a private organization that is named and there is an indication that the standards are not regulated by the Commonwealth or the individual names the government body.

Question 19

Advertising

Answer 19

Cannot be false or misleading to average person. You cannot compare yourself unless verifiable. You must avoid reference to your clout and connections.

Client names in ad require consent.

At lest one lawyer responsible for content must be in ad.

Ad must be kept for a period of 2 years after its last dissemination with a record of where and when it was used.

Question 20

Fee arrangements

Answer 20

You must clearly state the terms and basis of the agreement. You must also state whether the client is responsible for any costs and that fees cannot be contingent in certain circumstances.

Question 21

Can you use targeted mail?

Answer 21

Absent actual knowledge that a prospective client does not wish to receive communications from a lawyer, a lawyer may send truthful, non-deceptive direct mail letters to any person known to face legal problems or people likely to need legal services.

You must include a disclaimer that anything inappropriate should be reported to the bar.

You cannot use a certified mail.