Regulation After Admission Flashcards
What are 3 types of misconduct?
1) Violate or attempt to violate rules of professional conduct.
2) Knowingly assist or induce another to violate the rules.
3) Use the acts of another to commit violation.
A lawyer is subject to discipline for committing a criminal act that reflects adversely on what traits?
Honesty
Trustworthiness
Fitness of a Lawyer
True or false - crimes that are punishable by law may not necessarily trigger professional discipline.
True - like drunk driving; soliciting hooker; smoking weed.
True or False: Failure to file tax return can lead to professional discipline.
True
What conduct involves professional misconduct?
Dishonesty
Fraud
Deceit
Misrepresentation
Can you be disciplined for cheating on the bar exam?
Yes
Can you be disciplined for impersonating a person on an exam?
Yes
Can you be disciplined for defrauding law firm regarding misuse of expense accounts?
Yes
True or False: Lawyer is subject to discipline for engaging in conduct that is prejudicial to admission of justice.
True
A lawyer must ______ state or imply it has the ability to improperly influence a government agency or official
Never
A lawyer is subject to discipline for _____ assisting a judge or judicial officer in conduct that violates the rules.
Knowingly
Can lawyers harass or discriminate on the basis of a protected class?
No
Does a trial judge’s finding that a lawyer exercised peremptory challenges on a discriminatory basis establish a violation of the rules?
No - not without more information or evidence.
Can a lawyer accept, decline, or withdraw from representation or limit practice to underserved populations?
Yes
Can a lawyer promote diversity and inclusion?
Yes
What does it mean for the profession to be self policing?
Members are obligated to report misconduct of other members - lawyers and judges included.
What triggers a mandatory requirement to report misconduct?
Acts that indicate dishonesty - untrustworthiness - unfit to practice law.
Can a lawyer be required to report another lawyer for person misconduct not related to the practice of law?
Yes
What does knowledge mean under the MPRE?
Actual knowledge - but can be inferred from circumstances.
What does substantial mean under the MPRE?
A material matter of clear importance.
A lawyer ___ report suspect misconduct.
A lawyer ___ report known misconduct.
May
Must
Are there sanctions for lawyers who fail to report misconduct?
Yes
Is there a duty to report if you learn information protected by confidential relationship?
No
If knowledge is protected by the ethical duty of confidentiality, the lawyer _______ report the violation.
Must Not.
If you learn of a substance abuse problem outside of an approved lawyer’s assistance program or attorney client relationship, you ___ report.
Must
What is professional discipline?
Punishment imposed on a lawyer for breaking rules of professional ethics.
When does a disciplinary proceeding start against a lawyer?
When a complaint is made to the state disciplinary authority.
Can a complaint made against a lawyer be subject to a claim in court?
No
If the complaint is dismissed, does the committee have to notify the attorney?
No
If the complaint is dismissed, is there a right to appeal?
No - decision is final.
If there is a hearing on the complaint, what is the accused lawyer entitled to?
Procedural due process - hearing must be limited to charges made in the complaint.
Is evidence obtained illegally admissible in a disciplinary hearing?
Yes
Can an accused lawyer use the 5th amendment in a hearing?
Yes and no action can be taken against them for using it.
What is the burden of proof in bringing a claim against an attorney?
By a preponderance of the evidence (but less than beyond a reasonable doubt) - Burden o the party prosecuting the charge.
Some states use evidence rules?
Yes - can exclude inadmissible hearsay.
Does attorney have appeal right?
Yes to highest court- has the burden to show that sanction is not supported by evidence.
Type of Sanction: Private or Public Reprimand or Censure
Acknowledgment of misconduct that goes on lawyer’s records.
Type of Sanction: Suspension
Suspension of license to practice law for a definite period of time which is automatically reinstated after such time.
Type of Sanction: Disbarment
Permanent revocation of lawyer’s license to practice.
If disbarred, can an attorney apply for readmission?
Yes upon having proof of rehabilitation.
What are other sanctions?
Probation
Restitution
Cost of proceedings
Limitation of practice
Does disbarment in one jurisdiction automatically disbar you in another?
No
What is the preferred view of misconduct in a different state?
accept disciplinary action as proof of misconduct but not of the sanctions imposed. States can impose their own sanctions.
True or False - Federal court in which the lawyer is admitted must make an independent evaluation of lawyer’s conduct?
True
What is a disability?
Lawyer who is incapacitated by an impairment such as substance abuse pose harm to client and legal institutions.
Can suspend lawyer until they have been rehabilitated.
Can there be a psychiatric evaluation when there are disability proceedings?
Yes
Can you report someone if you learned about the issue via substance abuse program?
No
Can a lawyer be punished for Refusing to consider female associates for partner if they are of child-bearing age
Yes
Can a lawyer be punished for Using an ethnic slur against another guest at a social event held by the bar association
Yes
Can a lawyer be punished for Mocking a witness’s religious clothing at a deposition
Yes
Can a lawyer be punished for Choosing to represent mostly male clients in child custody disputes
No
Can a lawyer be punished for Insulting a family member’s sexual orientation at Thanksgiving
No
Can a lawyer be punished for Making a specific effort to recruit diverse employees
No
Miguel and Brendan are brothers-in-law and are both lawyers. One day, Brendan pulls Miguel aside at a holiday gathering and tells Miguel he needs legal advice. Miguel agrees to help, and Brendan tells Miguel that he has been stealing small amounts of money from many clients to support his gambling addiction. Miguel tells Brendan to hire another lawyer.
B must keep this information confidential since M was seeking legal advice.
If the conduct in question occurred in connection with a proceeding that was pending before a tribunal, what rule applies?
the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunal’s rules provide otherwise.
What rules apply when conduct happens outside of the tribunal?
For any other conduct, the rules of the jurisdiction in which the predominant effect of the conduct occurred will apply (but note that if the lawyer reasonably believed that the predominant effect would be somewhere else, the lawyer won’t be subject to discipline if the conduct would have been proper in that other jurisdiction).
