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Question 1

Do California courts have power to discipline attorneys?

Answer 1

No, that is for the supreme court and the state bar. But trial courts can sanction attorneys for improper conduct in proceedings before them.

Question 2

What is the CJC?

Answer 2

The code of judicial conduct which is the rules for judges

Question 3

What is the function of the comments after the model rules?

Answer 3

They explain and illustrate the meaning and purpose of the rule

Question 4

What is a law firm?

Answer 4

Two or more attorneys whose activities constitute the practice of law that share profits, expenses, and liabilities

Question 5

What does pro bono mean?

Answer 5

Doing legal work without charging a fee or any expectation of a fee

Question 6

What is a prospective client?

Answer 6

Anyone that consults with an attorney about a possible attorney-client relationship

Question 7

What are the most commonly tested areas in professional responsibility?

Answer 7

– The client-lawyer relationship
– Conflicts of interest
– Litigation and other forms of advocacy
- Exceptions to rules

Question 8

What are the rules of admission to practice law?

Answer 8

Must graduate from law school, pass the State bar, show good moral character.

Question 9

What is considered good moral character?

Answer 9

The absence of proven conduct or acts that are considered manifestations of moral turpitude

Question 10

What is the process for showing good moral character?

Answer 10

Applicant must prove good moral character, then state bar committee rebuts with evidence of bad, then attorney has the burden to show rehabilitation.

Question 11

If an attorney has shown bad moral character, is it possible to practice again?

Answer 11

Yes, if the attorney can show rehabilitation, which means the court must be convinced the attorney is no longer the same person that behaved poorly and attorney must have behaved in an exemplary fashion for a meaningful period of time

Question 12

What does pro hac vice mean?

Answer 12

For this turn only. An attorney that is admitted in one state can petition another state’s court to appear pro hac vice to represent a client there. This only applies to the one case the atty is working on (must make separate requests for each case).

Question 13

What is a reciprocity agreement?

Answer 13

Some states allow an attorney that has practised in one state for a certain number of years to get full admission to practice in another just by filing a petition

Question 14

MR 5.5 says what about practice location?

Answer 14

Attorneys can only practice in jurisdictions they are admitted to with exceptions for temporary admittance

Question 15

What is the MR 5.5 exception for temporary admittance?

Answer 15

An attorney that is admitted to the bar in one state can provide temporary assistance in another IF:
– they associate with a local attorney that actively participates in the case
– they are admitted pro hac vice for a specific case
– they mediate, arbitrate, or perform other ADR services if it arises out of/reasonably connected to attorney’s regular practice in the admitted jurisdiction
– if reasonably related to attorney’s practice in the admitted jurisdiction

Question 16

What are the permanent exceptions to MR 5.5 about practice location?

Answer 16

– In-house counsel and government attorneys: thought of as salaried employees of the client and permitted to practice permanently in jurisdictions where they are not admitted.
– If authorized by federal or local law, they can practice where not admitted.