Professional Responsibility Flashcards
Rule 8.1 Bar Admission and Disciplinary Matters
An applicant to the bar, or alwyer in connection with that applicant SHALL NOT: (three things)
Is this rule subject to the Fifth Amendment?
- Knowingly make a false statement
- Fail to disclose a fact necessary to correct a misapprehension known to the person
- Knowingly fail to respond to a lawful request for information from the admissions committee
This rule is subject to the Fifth, but if you plea the Fifth the bar will likely not admit you because they think you have something to hide
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(a) Violate….
(a) To violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through tthe acts of another
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(b) Commit a criminal act that…
what does coment 2 say?
(b) Commit a criminal act that reflects adversely on the lawyers:
Honesty, Trustworthiness, or Fitness as a lawyer
Comment 2: Distinction of crimes of “moral turpitude”
A lawyer is personally answerable to all criminal law, but a lawyer is only professionally anserable for offenses that indicate a lack of the characteristics relevant to the practice of law
(violence, dishonesty, breach of trust, interference with administration of justice)
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(c) Engage in conduct involving:
Dishonesty, fraud, deceit or misrepresentation
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(d) Engage in conduct that is:
Prejudicial to the administration of justice
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(e) State or imply abilty to..:
State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules or other law
Rule 8.4: Misconduct
It is professional misconduct for a lawyer to:
(f) Knowingly assist…
Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judical conduct
Rule 8.3: Reporting Professional Misconduct
- A lawyer who knows that another lawyer or a judge has committed a violation of these Rules that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer…
SHALL inform the appropriate professional authority.
Lawyer has to infrom the authority, not a choice
Rule 8.3: Reporting Professional Misconduct
Exceptions, when lawyer does not need to disclose:
Confidential information protected by Rule 1.6
Information gained while the individual was participating in an approved lawyers assistance program
Rule 5.1: Responsibilities of Partners, Managers and Supervising Lawyers
i. Partners and/or managerial level lawyers shall make reasonable efforts to….
Ensure the firm has effective measures in place to give assurances that all lawyer’s working there conform to these Rules
Rule 5.1: Responsibilities of Partners, Managers and Supervising Lawyers
ii. Supervising lawyers shall make reasonable efforts…
To ensure those they supervise follow these Rules.
Rule 5.1: Responsibilities of Partners, Managers and Supervising Lawyers
iii. A lawyer is responsible for another’s violations if:
(two situations)
- The lawyer orders or knowingly ratifies the conduct
- The lawyer is a partner or other similarly situated supervisor and knows of the conduct at a time when the consequences can be avoided or mitigated, but fails to take appropriate action
5.3: Duty to Supervise Non-Lawyers
What are the duties regarding non-lawyer assistants?
The duties for non-lawyer assistants are the same as the duties of an attorney
A lawyer must give assistants appropriate instruction and supervision regarding their ethical duties, particularly regarding client confidentiality
Rule 5.2: Subordinate Lawyer
Is a lawyer required to follow the rules if he is acting at the directions of another?
Yes the lawyer is still required to follow these rules, as long as the lawyer has the knowledge required to render the conduct a violation of the Rules
Rule 5.2: Subordinate Lawyer
Does a subordinate lawyer violate the Rules if he acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty?
When a situation involves a quesion of professional judgment as to ethical duty, the supervisor MAY assume responsibility for making the judgement
The question has to be reasonably arguable, cannot be a quesiton with only one right answer
If the question is reasonably arguable, someone has to decide the course of action, usually the supervisor.
Example, if a quesiton arises whether the interests of two clients conflict under Rule 1.7, the supervisor’s reasonable resolution of the question should protect the subordinate professionally
