Practice of Law Flashcards
Who governs admission to practice law in GA
The Supreme Court of GA
Requirements for Admission
School - must graduate from an ABA-accredited law school.
Exam - must pass the bar/attorney exam.
Character - Must receive a certificate of fitness.
What Behavior is Prohibited During Application Process
An applicant may not:
Make false statements.
Fail to disclose a fact necessary to correct a misapprehension.
Fail to respond to a lawful demand by an admissions authority.
Unauthorized Practice of Law
GA lawyer practicing law in another state.
Cannot establish an office or systematic and continuous presence in GA if not admitted in GA.
Cannot hold out to the public that admitted to practice in GA if not.
Exceptions for Unauthorized Practice of Law
Temporary (pro hac vice) admission; or
Association with a GA lawyer who actively participates in the matter.
Assisting Non-Lawyers in Unauthorized Practice of Law
Cannot assist a person not admitted in GA in the unauthorized practice of law.
If does, subject to:
Civil penalties
Criminal penalties
Professional discipline
Committing a Felony
Professional Misconduct if convicted
Has an affirmative duty to inform the State Bar of any felony conviction.
Committing a Misdemeanor
Professional Misconduct if convicted involving moral turpitude when the underlying conduct relates to the lawyer’s fitness to practice law.
Has an affirmative duty to inform the State Bar of the conviction of the above.
Criminal Acts
Professional misconduct to commit any criminal act that relates to the lawyer’s fitness to practice law or reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer, provided the lawyer has admitted to the act in court.
Other Acts of Sleaziness
Engaging in professional conduct involving dishonesty, fraud, deceit, or misrepresentation.
Failing to pay a final judgment for money collected as a lawyer within 10 days after the time appointed in the order.
Stating or implying an ability to improperly influence a government agency or official.
Stating an ability to achive results by means that violate the GA rules.
Acheiving results by means that violate the GA rules or other law.
Knowingly assisting a judge or judicial officer in conduct that is a violation of the applicable Rules of Judicial Conduct or other law.
Discipline for the Misconduct of Other Lawyers
Rule 5.1(c) - A lawyer is subject to discipline for another lawyer’s conduct if the lawyer:
Orders the misconduct
Ratified the misconduct with knowledge of it
Is a partner or manager in a law firm who knows of the
misconduct of another lawyer whom the lawyer has
direct supervisory authority, when consequences could
be avoided or mitigated but the lawyer fails to take
reasonable remedial actions.
Discipline for Misconduct of Non-Lawyer Employees
If direct supervisory authority - Must make reasonable efforts to ensure non-lawyer’s conduct is compatible with the lawyer’s professional obligations.
Duties of subordinate lawyers
Rule 5.2 - If professional duty owed is clear - must conform to teh Rules even if supervisor directs otherwise.
If professional duty owed is arguable - will not face discipline if acts in accordance with the supervisor’s reasonable resolution of the issue, even if it is incorrect.
Knowing another lawyer has violated GA Rules
Should inform the appropriate professional authority but is not obligated to do so.
Model Rules stricter than GA.
Sharing Fees
Permissible within a law firm.
May not with a non-lawyer.
May not form a partnership with a non-lawyer if activities consist of the practice of law.
Non-lawyer cannot hold an ownership interest in a law firm.
Non-lawyer cannot serve as a manager or director of a law firm.
