PROFESSIONAL RESPONSIBILITY

Question 1

Three ways to violate the Rules of Professional Conduct.

Answer 1

1. Violate or attempt to violate the rules.
2. Knowingly assist or induce another person to violate the rules.
3. Use the acts of another person to violate the rules.

Question 2

Criminal Acts that Violate Ethics Rules.

Answer 2

Criminal Acts that reflect honesty, trustworthiness , or fitness as a lawyer. (Fraud, tax evasion, violence, dishonesty, breach of trust).

Question 3

Moral Conduct that violates ethics rules.

Answer 3

Dishonesty, fraud, deceit, or misrepresentation.

Question 4

Duty to Report Misconduct

Answer 4

L knows another lawyer violated the Rules in a way that raises a SUBSTANTIAL question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer.

Question 5

Exceptions to the Duty to Report Misconduct

Answer 5

Info protected by confidentiality or through a lawyer’s assistance program.

Question 6

Prohibitions on Unauthorized Practice

Answer 6

1. Cannot represent that they are admitted to practice in that jurisdiction.
2. Cannot establish an office or other systemic or continuous presence for the practice of law in that jurisdiction.

Question 7

Temporary Mult-Jurisdictional Practices

Answer 7

1. Associates a local lawyer that ACTIVELY PARTICIPATES in the matter.
2. Permission from the tribunal for that matter.
3. Mediation/arbitration arising out of home state.
4. Out of state practice reasonably related to home practice.

Question 8

Permissible Types of Permanent multi-district practices.

Answer 8

1. Salaried by only one client.

2. Foreign Lawyers advising on US law (with consultation of a us lawyer).

Question 9

Is the “practice of law” involved?

Answer 9

1. whether the activity involves knowledge and skill beyond a lay person
2. if the activity is advice and services concerning binding legal rights and remedies
3. if the activity is a traditionally lawyerly act.

Question 10

Activities that are the practice of law:

Answer 10

1. Appearing in a judicial proceeding.
2. Engaging in settlement negotiations.
3. Drafting Documents affecting rights.

Question 11

Activities that are NOT the practice of law:

Answer 11

1. Scriveners.
2. Publishing books or pamphlets giving general advice.
3. Tax advice.

Question 12

Punishment for unauthorized practice of law.

Answer 12

Sanctions, injunction, contempt, criminal conviction.

Question 13

Partner Duties

Answer 13

Reasonable efforts to assure other lawyers adhere to ethics rules.

Question 14

Direct Supervisor Duties

Answer 14

Make reasonable efforts to assure that the other lawyer adheres to the ethics rules.

Question 15

When is a lawyer subject to discipline for another lawyer’s misconduct?

Answer 15

1. Ordered the misconduct or knew about it and ratified it; or
2. L is a partner or direct supervisor and knew about misconduct and failed to make a reasonable accommodation.

Question 16

Responsibility for nonlawyer employees

Answer 16

1. Instruct them of ethics rules.

2. Make reasonable efforts to make sure nonlaywer complies with ethics rules.

Question 17

Discipline for nonlawyer employee conduct if:

Answer 17

1. Lawyer ordered conduct or knew and ratified it;

2. Lawyer is a partner or manager and knew about misconduct when its conduct could be avoided or mitigated.

Question 18

Responsibilities of Subordinate Lawyer

Answer 18

Liable if subordinate lawyer had the requisite knowledge for the violation.

Question 19

Subordinate Lawyer non liability

Answer 19

Not Liable if (1) acts according with a supervisor’s reasonable resolution of an ARGUABLE QUESTION of professional duty.

Question 20

Fees and Non Lawyers

Answer 20

Do not share legal fees with non lawyers.

Question 21

Partnership with a nonlawyer

Answer 21

Prohibited if it involves the practice of law.

Question 22

Prohibited Roles of Nonlawyers in a Firm

Answer 22

1. Owner.
2. Corporate director or officer.
3. Directs or controls the professional judgement of a laywer.

Question 23

Power of Third Parties

Answer 23

1. Third party payer cannot direct or regulate professional judgement.

Question 24

Sale of a Law Practice

Answer 24

1. seller ceases to engage in practie
2. entire practice or entire field of practice must be sold
3. written notice to all clients about transfer of representation.
4. purchasier accepts all client matters in the practice.

Question 25

Law-Related/Ancillary Services

Answer 25

Services that might reasonably be performed with legal services (financial planning, accounting, lobbying, trust services, real estate counseling, providing title insurance, preparing tax returns).

Question 26

When Law-Related/Ancillary Services are subject to ethics rules:

Answer 26

1. Nonlegal services and legal services provided together.
2. Lawyer controls the nonlegal services through an entity that she controls. (Must make reasonable steps to assure clients of the nonlegal entity are not being represented).

Question 27

Business Transactions with Clients

Answer 27

1. Terms must be fair to the client.
2. Terms must be disclosed to the client in writing.
3. Disclosure must cover essential terms of the transaction.
4. Client should be advised to seek advice from an independent lawyer.
5. Client must give informed consent.