p.6 Admission to the Profession

Question 1

A _______ is required before engaging in the practice of law.

Answer 1

license

Question 2

_______ license lawyers to practice law within their jurisdictions.

Answer 2

states

Question 3

States license lawyers to practice law within their __________.

Answer 3

jurisdictions

Question 4

The state has an interest in maintaining the _______ of the legal profession to ______ ____ ______ from those who are incompetent or unscrupulous.

Answer 4

integrity

protect the public

Question 5

States impose
1. ?
2.
3.
on applicants for admission to the practice of law.

Answer 5

1. Education

Question 6

States impose
1.
2. ?
3.
on applicants for admission to the practice of law.

Answer 6

2. Knowledge

Question 7

States impose
1.
2.
3. ?
on applicants for admission to the practice of law.

Answer 7

3. Character Requirements

Question 8

States impose
1.
2.
3.
on applicants for admission to the practice of law.

Answer 8

1. Education
2. Knowledge AND
3. Character Requirements

Question 9

A _______ must not assist in the admission of an unqualified applicant. MRPC 8.1.

Answer 9

lawyer

Question 10

A lawyer must not assist in the admission of an _______ _______. MRPC 8.1.

Answer 10

unqualified applicant

Question 11

A ______ may require high standards for qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar.

Answer 11

state

Question 12

A state may require high standards for qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar.

But any qualification must have a _______ _______ with the applicant’s fitness or capacity to practice law.

Answer 12

rational connection

Question 13

Note: A _____ cannot exclude an applicant from admission to the bar when there is no basis for its finding that the applicant fails to meet the standards of qualification or when the state’s action is invidiously discriminatory. (14th Amendment US Constitution)

Answer 13

state

Question 14

Most states require _________ from an ABA-accredited law school for admission to practice. A few states require only a state accreditation, and California even makes provisions for students from unaccredited law schools.

Answer 14

graduation

Question 15

Most states require graduation from an _________ _____ _______ for admission to practice. A few states require only a state accreditation, and California even makes provisions for students from unaccredited law schools.

Answer 15

ABA- Accredited law school

Question 16

A bar examination is administered in each state, although a waiver is still allowed in a few states for graduates of select _____ ____ ____ _______.

Answer 16

in- state law schools

Question 17

A _____ _______ is administered in each state, although a waiver is still allowed in a few states for graduates of select in-state law schools.

Answer 17

bar examination

Question 18

Many states permit a lawyer in _____ __________ in the bar of another state to gain permanent admission (admission “on motion”) without the need for a bar examination or with only a limited examination.

Answer 18

good standing

Question 19

Many states permit a lawyer in good standing in the bar of another state to gain ______ _______ (admission “____ ______”) without the need for a bar examination or with only a limited examination.

Answer 19

permanent admission

“on motion”

Question 20

Note: Some states condition eligibility on ______. This condition requires that a state in which the lawyer is currently admitted provides a similar privilege to lawyers from the state in which the request for admission on motion has been made.

Answer 20

comity

Question 21

Note: Some states condition eligibility on comity. This condition requires that a state in which the lawyer is currently admitted provides a ______ _______ to lawyers from the state in which the _______ for ________ on motion has been made.

Answer 21

similar privilege

requests admission

Question 22

A lawyer should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respects to the professional duties owed to them. The primary purpose of _______ and ________ screening before admission to the bar is for the protection of the ______ and the ______ of _______.

Answer 22

character and fitness

public

system of justice

Question 23

______ ________ may be considered in determining whether an applicant has the requisite good character and general fitness necessary to practice law.

Answer 23

Past conduct

Question 24

Past conduct may be considered in determining whether an applicant has the requisite _____ _______ and ______ ______ necessary to practice law.

Answer 24

good character

general fitness

Question 25

Mere ________ of a crime is not necessarily sufficient to deny admission to the bar.

Answer 25

conviction

Question 26

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve ________ ________ (intentional dishonesty or personal gain) or violence.

Answer 26

moral turpitude

Question 27

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (______ ______ or _______ ______) or ________.

Answer 27

intentional dishonesty personal gain violence

Question 28

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty or personal gain) or violence. A _____ ______ or the concealment of a fact in response to an inquiry by the bar examiners committee would be enough to deny an applicant admission, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.

Answer 28

false statement

Question 29

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty or personal gain) or violence. A false statement or the ________ ____ ___ __________ in response to an inquiry by the bar examiners committee would be enough to deny an applicant admission, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.

Answer 29

concealment of a fact

Question 30

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty or personal gain) or violence. A false statement or the concealment of a fact in response to an inquiry by the bar examiners committee _______ ___ enough to deny an applicant admission, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.

Answer 30

would be

Question 31

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty or personal gain) or violence. A false statement or the concealment of a fact in response to an inquiry by the bar examiners committee would be enough to ______ ____ ______ _______, even if the action about which the applicant lied or concealed did not involve moral turpitude. MRPC 8.1.

Answer 31

deny an applicant admission

Question 32

Mere conviction of a crime is not necessarily sufficient to deny admission to the bar. The crime must generally involve moral turpitude (intentional dishonesty or personal gain) or violence. A false statement or the concealment of a fact in response to an inquiry by the bar examiners committee would be enough to deny an applicant admission even if the action about which the applicant lied or concealed did not involve _______ _________. MRPC 8.1.

Answer 32

moral turpitude

Question 33

______ ________ and _____ _________ may not be imposed as a condition on the right to practice law in a state.

Answer 33

local residence U.S. Citizenship

Question 34

Local residence and U.S. Citizenship may not be imposed as a _________ on the right to practice law in a _____.

Answer 34

condition state

Question 35

U.S. citizenship requirement violates the _____ _____ _____ of the ____ ______.

Answer 35

Equal Protection Clause of the 14th Amendment

Question 36

In-state residency requirement violates the ______ ____ ____ _______ of ______ _______ of the ______ _______.

Answer 36

Privileges and Immunities Clause of Article 4, Section 2 of the U.S. Constitution.

Question 37

Some courts have upheld the requirement of the _______ ____ ____ _____ ____ _______ if this requirement is imposed on all lawyers. For example: New York rule that imposed the maintenance of an in-state office only on nonresidents is unconstitutional.

Answer 37

maintenance of an in-state office

Question 38

An applicant for admission to the bar is prohibited from ________ making a false statement of material fact regarding the application.

Answer 38

knowingly

Question 39

An applicant for admission to the bar is prohibited from knowingly making a ______ ______ of ______ _______ regarding the application.

Answer 39

false statement of material fact

Question 40

An applicant for admission to the bar is prohibited from knowingly making a false statement of material fact _______ the ________.

Answer 40

regarding the application.

Question 41

An applicant for admission to the bar is prohibited from _______ to _______ a fact necessary to correct a misapprehension known by him to have arisen in the matter (unless such fact is protected by the rules governing confidential communications); or

Answer 41

failing to disclose

Question 42

An applicant for admission to the the bar is prohibited from failing to disclose a _____ _______ to correct a misapprehension known by him to have arisen in the matter (unless such fact is protected by the rules governing confidential communications); or

Answer 42

fact necessary

Question 43

An applicant for admission to the the bar is prohibited from failing to disclose a fact necessary to _______ a ___________ known by him to have arisen in the matter (unless such fact is protected by the rules governing confidential communications); or

Answer 43

correct a misapprehension

Question 44

An applicant for admission to the bar is prohibited from failing to disclose a fact necessary to correct a misapprehension ______ ___ _____ to have arisen in the matter (unless such fact is protected by the rules governing confidential communications); or

Answer 44

known by him

Question 45

An applicant for admission to the bar is prohibited from failing to disclose a fact necessary to correct a misapprehension known by him to have _______ in the ______ (unless such fact is protected by the rules governing confidential communications); or

Answer 45

arisen in the matter

Question 46

An applicant for admission to the bar is prohibited from failing to disclose a fact necessary to correct a misapprehension known by him to have arisen in the matter (unless such fact is protected the the rules governing _____ _______);

Answer 46

confidential communications

Question 47

An applicant for admission to the bar is prohibited from __________ _______ to _______ to a lawful demand by an admissions authority regarding the application (unless such information is protected by the rules governing confidential communications.

Answer 47

knowingly failing to respond

Question 48

An applicant for admission to the bar is prohibited from knowingly failing to respond to a _______ ______ by an _______ _________ regarding the application (unless such information is protected by the rules governing confidential communications.

Answer 48

lawful demand admissions authority

Question 49

An applicant for admission to the bar is prohibited from knowingly failing to respond to a lawful demand by an admissions authority regarding the ________ (unless such information is protected by the rules governing _______ ________.

Answer 49

application confidential communications

Question 50

MRPC 8.1. In addition to applying to bar applicants, this rule applies to lawyers in connection with a _____ ______ _______ or in connection with a _________ ______.

Answer 50

bar admission application disciplinary matter

Question 51

An applicant for admission to the bar may invoke the ____ _______ privilege against self-incrimination but must do so openly rather than simply leaving out requested information. MRPC 8.1 cmt. 2.

Answer 51

5th Amendment

Question 52

An applicant for admission to the bar may invoke the 5th Amendment privilege against ____ _______ but must do so _______ rather than simply ______ _____ the requested information. MRPOC 8.1 cmt. 2.

Answer 52

self-incrimination openly leaving out

Question 53

A violation of the Model Rules may prevent _________. If the applicant has ______ _____ _______, then the applicant is subject to discipline as a lawyer for having violated the provisions. MRPC 8.1 cmt. 1.

Answer 53

admission already been admitted

Question 54

A violation of the Model Rules may prevent admission. If the applicant has already been admitted, then the applicant is subject to discipline as a _________ for having _________ the provisions. MRPC 8.1 cmt 1.

Answer 54

lawyer violated

Question 55

Example: A question on a bar application such as "Have you ever been a party to any legal action or proceeding?" must be answered truthfully and completely, even if the action was _______ or the ______ was eventually __________.

Answer 55

dismissed judgment expunged

Question 56

Example: A question on a bar application such as "Have you ever been a party to any legal action or proceeding?" must be answered truthfully and completely, even if the action was dismissed or the judgment was eventually expunged. If the applicant makes a ______ _____ ______ in response to such a question, the violation may prevent admission. If the violation does not come to light until after the applicant is admitted, then the applicant is subject to discipline as a lawyer. REVIEW

Answer 56

material false statement

Question 57

Bar authorities seek information about an ______ _______ to practice law from the applicant and from other people.

Answer 57

applicant's fitness

Question 58

A person who is a ______ ____ ___ ______ is subject to the same rules as those impacting the applicant. MRPC 8.1.

Answer 58

member of the bar

Question 59

A person who is a member of the bar is subject to the same rules as those impacting the ______. MPRC 8.1.

Answer 59

applicant

Question 60

If a lawyer is asked about an applicant and fails to disclose: (i) a _____ _______ to correct a misapprehension or (ii) then the lawyer is subject to discipline under the Model Rules.

Answer 60

fact necessary

Question 61

If a lawyer is asked about an applicant and fails to disclose: (i) a fact necessary to ________ a ___________ or (ii) then the lawyer is subject to discipline under the Model Rules.

Answer 61

correct a misapprehension

Question 62

If a lawyer is asked about an applicant and fails to disclose: (i) a fact necessary to correct a misapprehension or (ii) any _______ _______ requested in connection with the application, then the lawyer is subject to discipline under the Model Rules. MRPC 8.1 cmt 1.

Answer 62

material fact

Question 63

If a lawyer is asked about an applicant and fails to disclose: (i) a fact necessary to correct a misapprehension or (ii) any material fact _______ in ________ with the _______, then the lawyer is subject to discipline under the Model Rules. MRPC 8.1 cmt. 1.

Answer 63

requested in connection with the application

Question 64

If a lawyer is asked about an applicant and fails to disclose: (i) a fact necessary to correct a misapprehension or (ii) any material fact requested in connection with the application, then the lawyer is subject to _______ under the _______ _____. MRPC 8.1. cmt 1.

Answer 64

discipline model rules

Question 65

If a lawyer is asked about an applicant and fails to disclose: (i) a fact necessary to correct a misapprehension or (ii) any material fact requested in connection with the application, then the lawyer is subject to discipline under the Model Rules. MRPC 8.1 cmt 1. However, this rule does not require the lawyer to _______ _______ that is otherwise protected by the __________ provisions of the Model Rules or by the _______ ____ _______.

Answer 65

disclose information confidentiality attorney-client privilege

Question 66

Example: An attorney is asked to write a letter of recommendation for a client's son for admission to the bar. The attorney has had no direct contact with the son, but the client has assured the attorney that the son is honest and hardworking. The attorney _______________ to write the letter based on the client's assurance. The attorney must make an independent investigation and write the letter only if the attorney is then satisfied that the son is qualified.

Answer 66

is not permitted