Pg 2 Flashcards
If an attorney is not permitted to practice in a jurisdiction, what are the things he cannot do?
– establish an office/continuous presence there to practice law
– hold out to public that he is admitted to practice in that jurisdiction
What is the difference between an arbitrator and a mediator?
- arbitrators: decide the dispute
– mediators: help the parties come to a mutually agreed resolution
Model rule 5.4 prohibits the creation of a partnership between who?
Attorneys and non-attorneys if the partnership engages in the practice of law
Attorneys cannot share fees with who?
Non-attorneys
You can’t practice law as a professional corporation if what?
A non-attorney:
- owns any interest in the corporation
- is a corporate director or officer
- has the right to direct or control the professional judgement of an attorney
Why under MR 5.4 are partnerships between attorneys and non-attorneys to practice law not allowed?
Because nonattorneys may influence the law practice in ways that are inconsistent with legal obligations and cause a conflict of interest
What are the four exceptions to MR 5.4 regarding multidisciplinary practice?
- if an attorney buys a practice from a deceased/disabled/disappeared attorney, he can pay money to the estate or other representative of the selling attorney
– law firm can include non-attorney employees in their compensation/retirement plan even if plan is based on profit sharing arrangements
– attorney can share court awarded legal fees with nonprofit organization that employed/retained/recommended attorney in the matter
– agreement by attorney with his firm/partner/associate can provide for payment of money over a reasonable period of time after the attorney’s death to his estate
Is it OK for an office manager of a law firm to get 1% of the profits under a profit sharing plan?
Yes as long as it’s part of a profit sharing arrangement
Is it OK for an office manager of a law firm to get 1% of the profits for referring clients?
No
What needs to happen in order for an attorney to practice in federal court?
The attorney must separately be admitted to the bar of that court. This happens after a motion has been made from an attorney that is already a member of that court’s bar saying the applicant has good moral character
What is necessary for an attorney to be admitted to practice in a federal court of appeal?
The attorney must be admitted to the court of any state
What is necessary for an attorney to practice in front of the United States Supreme Court?
The attorney must’ve practised before courts of a state for a minimum of three years
What are the benefits of attorney associations?
Improve the law, legal education, promote law reform, increased legal assistance for indigents, preserve independence of legal profession.
What are some examples of things that different attorney associations are based on?
Geography, ancestry, age, gender, areas of legal interest
What does the American law institute do?
Judges and attorneys create restatements
