partners and others

Question 0

partners responsibility for the ethical violations of others

Answer 0

• responsible for educating non-lawyer employees about ethics and making reasonable efforts to assure compliance.
• failure to take remedial action when consequences can be avoided or mitigated is a violation subject to discipline.

Question 1

factors determining whether lawyers who share office space shall be deemed a firm (5)

Answer 1

1. hold themselves out in public as a single unit
2. frequent consultation and assistance
3. refer cases to each other
4. work jointly on cases
5. have access to each other’s files

Question 2

when the obligation to reveal perjury ends

Answer 2

at the end of the case

a lawyer who knows prior to the close of the case - reasonable belief not sufficient - that a clients testimony is false must try to convince the client to recant, attempt to withdraw, inform the tribunal. in that order

Question 3

responsibility of supervising attorneys

Answer 3

supervising attorneys are responsible for subordinates violations if they order or ratify the work.

supervising attorney who learns of a violation and the consequences could have been avoided or mitigated, and they do nothing, is subject to discipline.

Question 4

shield defense for subordinates

Answer 4

following a supervisors orders is not a defense for a clear violation of the ethical rules

if there is a questionable ethical point and the supervisor provides a reasonable resolution to the arguable question, the subordinate will not be disciplined.

Question 5

lawyers duties to the profession

3

Answer 5

avoid the unauthorized practice of law
report professional misconduct
comment honestly on judges and judicial candidates

Question 6

duty to report professional misconduct - lawyers

Answer 6

a lawyer with KNOWLEDGE of violations of the rules that raise a question as to the lawyers honesty, trustworthiness, or fitness to practice law MUST inform the appropriate professional authority.
there is a self reporting requirement nor is there any regard given whether the lawyer is a supervising authority or judge.

Question 7

unauthorized practice of law

5 examples

Answer 7

1. establishing an office or systematic presence in a jurisdiction where the lawyer is not admitted.
2. falsely representing the lawyer is admitted in a jurisdiction
3. assisting non-lawyers in the practice of law
4. splitting fees with non-lawyers
5. associating with non-lawyers

Question 8

associating with non-lawyers

Answer 8

1. may not form a business or partnership with a non-lawyer if any part of the business activities constitute the practice of law.
2. allow someone who pays, recommends, or employs the lawyer to render legal services for another, to direct or regulate his professional judgement.
3. Practice in a professional corporation organized to practice law for a profit if a non-lawyer owns an interest in; is a corporate officer or director; or has the right to direct the professional judgement of the lawyer.