Regulation of Lawyers

Question 1

Grounds for discipline

Answer 1

1. actual or attempted rule violation
2. crimes and dishonesty
3. actions that harm the justice system
4. discrimination and harrassment in relation to the practice of law

“crimes” pertain to the lawyer’s honesty, trustworthiness, or fitness

“Harming the justice system” includes: (i) conduct prejudicial to the administration of justice; (ii) assisting a judge in violating the rules of judicial conduct; and (iii) stating or implying ability to affect a govt. agency.

Question 2

Choice of law in PR cases

Answer 2

A lawyer is subject to regulation in each state in which they offer legal services or are admitted to practice.

The choice of law will depend on the circumstances (i.e., if the lawyer’s conduct is pending before a court, apply the law of the state in which court sits).

Question 3

Essay approach

Which duties are owed to clients?

Answer 3

1. Confidentiality
2. Loyalty
3. Financial Responsibility
4. Competence

Question 4

Essay approach

Which duties are owed to entities other than one’s clients

Answer 4

1. Candor (truthfulness)
2. Fairness
3. Dignity and decorum