Regulating lawyers Flashcards

1
Q

Where are the rules governing the conduct of NY attorneys found?

A

In the NY Code of Professional Responsibility

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2
Q

Who investigates conduct AND what are the 4 types of discipline?

A

Complaints involving a NY attorney’s conduct are investigated by the grievance committee of one of the four appellate divisions Four types of discipline: 1. Admonition (letter of caution) 2. Public or private censure (imposed by cts) 3. Suspension (imposed by cts→can’t practice fore FINITE time pd) 4. Disbarment (imposed by cts→CAN NEVER practice again) NOTE: violation of a Rule is SOME evience of malpractice (not conclusive tho)

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3
Q

What duty do you owe when you KNOW of another lawyer’s violation of the Rules?

A

When you know of another lawyer’s violation of the Rules that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer: (1) You MUST report knowledge of violation to a grievance committee or a court; AND (2) You have to cooperate in an investigation. EXCEPTION: When a lawyer learns of another lawyer’s Rule violation during the representation of a client, the duty of confidentiality to the client will trump the duty to report the misconduct to the bar→The lawyer may not reveal the information without the client’s consent.

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4
Q

Where can a lawyer be disciplined re: multi-jx practice?

A

Discipline imposed upon the lawyer by another state permits New York to impose reciprocal discipline on the same conduct A lawyer admitted in NY state can be disciplined by NY’s disciplinary authority for ANY misconduct, no matter WHERE it occurs A NY lawyer can be subject to the disciplinary authority of BOTH NY AND another state for the same misconduct

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5
Q

How does choice of law work re: multi-jx discipline?

A

If the conduct occurred in connection with a proceeding before a tribunal in which the lawyer was admitted (generally or pro hac vice), then the rules of that jurisdiction govern your conduct. For any other conduct, like a transaction matter, NY rules (the lawyer’s primary practice) will apply UNLESS the the conduct’s predominant effect is in another state, THEN the other state’s rule will apply

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6
Q

What are the 3 restrictions on lawyers?

A

1) A lawyer shall NOT aid a non-lawyer in the practice of law A non-lawyer includes a LAWYERnot admitted in that jurisdiction 2) A lawyer shall NOT enter into a partnership, employment, or similar type of agreement that restricts the right of the lawyer to practice after termination of the relationship 3) A lawyer may NOT participate in the settlement of a client’s matter that restricts the lawyer’s right to practice in the future So a lawyer can’t settle a claim if the settlement requires the lawyer to refrain from bringing future actions

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