Professionalism Flashcards
Pro Bono
A lawyer should aspire to render at least 50 hours pro bono legal services per year to persons of limited means OR charitable, religious, civic, community, etc
Accepting Appointments
A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as: a) likely to result in violation of the rules, or b) the client or the cause is so repugnant to the lawyer as likely to impair ability to represent
Bias
It is professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination.
Misconduct
It is professional misconduct for a lawyer to: a) violate or attempt to violate the Rules of PC, knowingly assist or induce another to do so
b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness
c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
d) engage in conduct that is prejudicial to the admin of justice
e) state or imply ability to influence to violate the rules
f) knowingly assist in violation of judicial conduct
g) engage in conduct that is harassment or discrimination
Disciplinary Authority
A lawyer admitted to practice in this jurisdiction is subject to thedisciplinary authority of this jurisdiction, regardless of where thelawyer’s conduct occurs.* A lawyer not admitted in this jurisdiction is also subject tothe disciplinary authority of this jurisdiction if the lawyerprovides or offers to provide any legal services in thisjurisdiction.* A lawyer may be subject to the disciplinary authority of both thisjurisdiction and another jurisdiction for the same conduct
Choice of Law
b) . . . the rules of professional conduct to be applied shall beas follows:(1) for conduct in connection with a matter pending before atribunal, the rules of the jurisdiction in which the tribunalsits, unless the rules of the tribunal provide otherwise; and(2) for any other conduct, the rules of the jurisdiction inwhich the lawyer’s conduct occurred, or, if the predominanteffect of the conduct is in a different jurisdiction, the rules ofthat jurisdiction shall be applied to the conduct. A lawyershall not be subject to discipline if the lawyer’s conduct conformsto the rules of a jurisdiction in which the lawyer reasonablybelieves the predominant effect of the lawyer’s conduct will occur.
Types of Sanctions
Disbarment, Suspension, Public Reprimand, Private Reprimand, Probation
Bar Admission and Disciplinary Matters
An applicant for admission to the bar (or a lawyer inconnection with a bar application or disciplinary matter)shall not:(a) knowingly make a false statement of material fact; or(b) fail to disclose a fact necessary to correct amisapprehension known by the person to have arisen in thematter, or knowingly fail to respond to a lawful demand forinformation from an admissions or disciplinary authority,except that this rule does not require disclosure of informationotherwise protected by Rule 1.6
Moral Character Hamm Factors
Age, experience, andsophistication at time conductoccurred;* How recently the conductoccurred;* Reliability of information re:conduct;* Seriousness of conduct;* Consideration by applicant tolaws, rules, and responsibilities attime of conduct;* Factors underlying conduct;* Cumulative effect of conduct;* Evidence of rehabilitation;* Applicant’s positive socialcontributions since theconduct;* Applicant’s candor inadmissions process;* Materiality of anyomissions ormisrepresentations.
UPL and MJP
A lawyer may provide professional advice andinstruction to nonlawyers whose employmentrequires knowledge of the law; for example, claimsadjusters, employees of financial or commercialinstitutions, social workers, accountants and personsemployed in government agencies. Lawyers also mayassist independent nonlawyers, such as paraprofessionals,who are authorized by the law of a jurisdiction toprovide particular law-related services. In addition, alawyer may counsel nonlawyers who wish toproceed pro se
MJP Two Approaches
- Birbrower: Very restrictive
- 5.5: Less restrictive and direct rejection of Birbrower: Lawyer admitted in one state maypractice in another “to the extentthat the lawyer’s activities in thematter arise out of or are otherwisereasonably related to the lawyer’spractice” in her home state
UPL Examples
Non-lawyer doing legal work
Lawyer admitted in State A but practicing in State B
Lawyer on inactive status or suspended/disbarred practicing
