Practice of Law

Question 1

unauthorized practice of law

Answer 1

must not engage in or assist in unauthorized practice of law, including:

1) practicing in jx where unlicensed or inactive/suspended/disbarred
2) assisting another in unauthorized practice of law (unless helping lay person pro se)

CA: adds rules re employing disbarred/suspended/resigned/voluntarily inactive lawyer
- must notify state Bar in writing before engaging ineligible person and after they are terminated
- provide written notice to all clients on whose matters ineligible person will work
- can engage in research/drafting/etc but not in consultations/negotiations/appearances/handling of funds

Question 2

multi-jx practice

Answer 2

not ok unless licensed in those jx too

permitted temporary practice of out of state lawyer:
- pro hac vice for particular lit matter
- associates w/ active local lawyer
- temporary practice reasonably relates to lawyers home state and pro has vice not required

permitted permanent practice
- lawyer works in house
- lawyer authorized by fed or local law to practice restricted branch of law

Question 3

bar admission and disciplinary matters

Answer 3

can’t knowingly make a false statement of material fact (CA adds reckless disregard for bar applicant)

can’t fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter

can’t knowingly fail to respond to lawful demand for info from admissions or disciplinary auth

Question 4

professional independence / relationships w/ non-lawyers

Answer 4

can’t form partnership w/ non lawyer if orgs activities consist of practice of law

Question 5

supervisors and subordinates

Answer 5

subordinate not subject to discipline for acting in acc w/ supervisor’s reasonable resolution of an arguable question of professional duty

supervisors are responsible for another’s misconduct if:
- ordered the misconduct or knew about it and ratified it
- was partner/manager/direct supervisory authority and knew about misconduct at time when consequences could’ve been avoided or mitigated and failed to take reasonable remedial action

supervisors also have duty to train and guide in ethics matters