p. 8 Regulation After Admission

Question 1

Under Rule 8.4, it is professional misconduct for a lawyer to:
1. ?
2.
3.
4.
5.
6.
7.

Answer 1

1. violate or attempt to violate any of the Model Rules, knowingly assist or induce another to do so, or to do so through the acts of another.

Question 2

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2. ?
3.
4.
5.
6.
7.

Answer 2

2. commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

Question 3

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3. ?
4.
5.
6.
7.

Answer 3

3.Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation

Question 4

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4. ?
5.
6.
7.

Answer 4

4. Engage in conduct prejudicial to the administration of justice

Question 5

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5. ?
6.
7.

Answer 5

5. State or imply an ability to improperly influence a government agency or official or to achieve results by means that violate the Model Rules or other law.

Question 6

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6. ?
7.

Answer 6

6. Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Question 7

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6. Knowingly assist a judge or judicial officer in conduct that is a _______ of ______ ______ of judicial conduct or other law.
7.

Answer 7

violation of applicable rules

Question 8

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1. ?
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Answer 8

1. race

Question 9

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2. ?
3.
4.
5.
6.
7.
8.
9.
10.
11.

Answer 9

2. sex

Question 10

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3. ?
4.
5.
6.
7.
8.
9.
10.
11.

Answer 10

3. religion

Question 11

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4. ?
5.
6.
7.
8.
9.
10.
11.

Answer 11

4. national origin

Question 12

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5. ?
6.
7.
8.
9.
10.
11.

Answer 12

5. ethnicity

Question 13

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6. ?
7.
8.
9.
10.
11.

Answer 13

6. disability

Question 14

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6.
7. ?
8.
9.
10.
11.

Answer 14

7. age

Question 15

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6.
7.
8. ?
9.
10.
11.

Answer 15

8. sexual orientation

Question 16

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6.
7.
8.
9. ?
10.
11.

Answer 16

9. gender identity

Question 17

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. ?
11.

Answer 17

10. marital status

Question 18

Under Rule 8.4, it is professional misconduct for a lawyer to:
1.
2.
3.
4.
5.
6.
7. Engage in conduct in the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11. ?

Answer 18

11. socioeconomic status

Question 19

Note: Engaging in any of the above conduct constitutes misconduct regardless of whether the conduct itself is _______.

Answer 19

criminal

Question 20

A lawyer does not have to be engaged in the practice of law to violate the Model Rules and be subject to _________ ________.

Answer 20

Professional DisciplineA

Question 21

A lawyer does not have to be _________ in the _______ ____ ______ to violate the Model Rules and be subject to professional discipline.

Answer 21

engaged in the practice of law

Question 22

A lawyer does not have to be engaged in the practice of law to violate the Model Rules and be subject to professional discipline.

Example: An attorney is a member of the bar in Delaware and is also licensed as a stockbroker in New York. In his application for renewal of his stockbroker’s license in New York, the attorney knowingly filed a false financial statement. The attorney is subject to professional discipline as a ________ _____ _______ because his actions involved dishonesty or misrepresentation in violation of MRPC 8.4(c).

Answer 22

lawyer in Delaware

Question 23

Some matters of ______ _______, such as adultery and comparable offenses, have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable for any violation of criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of certain characteristics relevant to law practice.

Answer 23

personal morality

Question 24

Some matters of personal morality, such as _______ and comparable offenses, have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable for any violation of criminal law, a lawyer should be professionally answerable only for offenses that indicate a lack of certain characteristics relevant to law practice.

Question 25

As a general matter, a lawyer is only subject to discipline for ____ ______ conduct and is not subject to discipline for the conduct of a ______, _______, or ________ merely because both belong to the same law firm. MRPC 5.1 cmt 1.

Answer 25

his own partner, associate, or subordinate

Question 26

Exam Tip: Remember that a lawyer who is practicing law as a partner in a partnership may have _____ ______ for the conduct of another lawyer.

Answer 26

civil liability

Question 27

A lawyer is subject to discipline for a violation of the Model Rules committed by another lawyer if the lawyer: (i) ? (ii)

Answer 27

(i) orders the misconduct OR

Question 28

A lawyer is subject to discipline for a violation of the Model Rules committed by another lawyer if the lawyer: (i) (ii) ?

Answer 28

(ii) has knowledge of the specific misconduct and ratifies the misconduct.

Question 29

A lawyer who is subject to discipline for ordering or ratifying conduct by a non lawyer employed by, retained by, or associated with the lawyer that would constitute a ________ of the Model Rules if engaged in by a lawyer. MRPC 5.3 (c)(1).

Answer 29

violation

Question 30

Example:A lawyer employed an agent to monitor accidents and other events likely to produce legal work to solicit business on the lawyer's behalf (e.g., runner, capper). The agent (e.g., runner, capper) initiated in-person contact with prospective clients who have recently been involved in an accident. This conduct constitutes a violation of MRPC 7.3. The lawyer is subject to discipline. In addition, since employment of runners or cappers is a criminal violation in some states, the lawyer may be ________ liable.

Answer 30

criminally

Question 31

A lawyer who has _________ ________ over the professional work of a law firm, such as a partner of a partnership, the head of a corporation's legal department, or a lawyer with intermediate managerial responsibilities (e.g., head of the litigation branch of a law firm) must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that the conduct of all lawyers in the firm, as well as non-laywers employed by, retained by, or associated with the firm, conforms to the Model Rules. MRPC 5.1(a), 5.3(a). What constitutes reasonable measures depends on the size and kind of firm.

Answer 31

managerial authority