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Question 1

Once you’re admitted to practice in a jurisdiction, where are you subject of discipline?

Answer 1

In that jurisdiction, regardless of where the conduct occurs

Question 2

If you are not admitted to practice in a jurisdiction, where are you subject to discipline?

Answer 2

In that jurisdiction if the attorney provides or offers legal services there

Question 3

Is it possible to be subject to discipline in more than one jurisdiction for the same conduct?

Answer 3

Yes

Question 4

If you are admitted to practice in Florida but you start doing work in Arizona without being admitted there, where are you subject to discipline?

Answer 4

In Florida because you’re admitted there and also Arizona because you provided services there

Question 5

What are the three types of discipline that the State bar could mete out?

Answer 5

– disbarment
– suspension
– reprimand

Question 6

What happens when you get disbarred?

Answer 6

Permanent removal from the practice of law

Question 7

What happens if you get suspended?

Answer 7

You are prohibited from practising for a term of several months to years. You might also have to pass a legal ethics exam before being readmitted or abide by other conditions

Question 8

If you are reprimanded by the state bar, can you still practice?

Answer 8

Yes, this is the mildest form of discipline

Question 9

If you receive a private reprimand from the state bar, what does that mean?

Answer 9

Unpublished private communication in writing from the agency to the attorney

Question 10

If you receive a public reprimand from the State bar, what does that mean?

Answer 10

A published reprimand in a publication that is aimed at attorneys or in the press. It includes the name of the attorney, his contact, and is meant to be educational or a warning

Question 11

What is MR 8.1 dealing with bar admission?

Answer 11

Bar applicants or attorneys involved in disciplinary matters cannot knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension known by the person, or knowingly fail to respond to a lawful demand for information from him.

Question 12

What is MR 8.2 regarding judicial and legal officials?

Answer 12

Attorneys can’t make statements they know are false or act with reckless disregard for the truth about the qualifications or integrity of judges/public officials/judicial candidates

Question 13

If an attorney is a candidate for a judicial appointment, he must comply with what?

Answer 13

Code of judicial conduct

Question 14

What is MR 8.3 about reporting professional misconduct?

Answer 14

Attorneys that know other attorneys or judges have violated a rule of professional conduct involving a substantial question about trustworthiness, honesty, or fitness to be an attorney must inform authorities

Question 15

What does self regulation of the legal profession mean?

Answer 15

Members initiate disciplinary investigation when they know of violations

Question 16

What is the exception to MR 8.3 about reporting professional misconduct?

Answer 16

If an attorney is the attorney for another attorney, he doesn’t have to report. This rule doesn’t apply if the attorney’s knowledge is based on privileged information from the client in the course of representing that client, and the client will not consent to disclosure

Question 17

If an attorney gets secondhand information from a client about a possible violation of the rules of professional conduct of an attorney or judge, must the attorney report it?

Answer 17

No, the attorney must KNOW that the other attorney/judge has violated the rules and there must have been a substantial question about that person’s fitness.

Question 18

If an attorney sees a judge take a bribe from opposing counsel and confronts the judge about it, who denies it, and the jury finds for the attorney, so the attorney does nothing, is that a violation?

Answer 18

Yes because although not detrimental to the attorney’s case, the attorney had knowledge of the violation and a duty to inform authorities on both the judge and opposing counsel

Question 19

Who created the model rules of professional responsibility?

Answer 19

The ABA

Question 20

Must the model rules of professional responsibility be followed?

Answer 20

This is just a model for states to follow in adopting their own rules. Many states follow them closely

Question 21

What is the ABA ethics committee?

Answer 21

A group of attorneys that meet to debate and write opinions on legal ethics questions.

Question 22

What is an ethics hotline for?

Answer 22

To call if you need to do research on ethics and the person refers you to cases, opinions, authorities.

Question 23

Do the comments sections of the model rules of professional responsibility have the force of law?

Answer 23

No, they just explain things

Question 24

When does misconduct occur under MR 8.4?

Answer 24

When an attorney knows or reasonably should know:
- violates/tries to violate rules of professional conduct
– knowingly assists/induces someone to violate the rules
– commits a criminal act that reflects adversely on his honesty, trustworthiness, or fitness
– harasses/discriminates based on race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender, marital status, status in relation to the practice of law
– engages in dishonest, fraudulent, deceitful, or misrepresentative conduct
- acts in a way that is prejudicial to the administration of justice
– states/implies the ability to improperly influence government officials by violating the rules
– knowingly assists a judge/officer in conduct that violates the rules or laws

Question 25

Attorneys only answer for offences that show a lack of characteristics relevant to what?

Answer 25

Practice of the law.

Question 26

Can an attorney be sanctioned under the rules for having an affair?

Answer 26

No, only for things that are relevant to the practice of law