Regulation Of Lawyers & Lawyer Liablity

Question 1

R8.1: Bar Admission and Disciplinary Matters

Answer 1

rule: an applicant for admission to the bar or a lawyer in connection with a disciplinary matter shall not:
(a) knowingly make a false statement of material fact, or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter,

or knowingly fail to respond to a lawful demand for info from an admissions/disciplinary authority

**except that this rule does not require disclosure of info otherwise protected by Confidentiality (R1.6)

Question 2

R1.2(d): Scope of Representation and Allocation of Authority between Client & Lawyer

Answer 2

rule: a lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows I criminal or fraudulent,

BUT a lawyer may discuss the legal consequences of any proposed course of conduct w a client and

may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law

Question 3

R8.3: Reporting Professional Misconduct

Answer 3

(a) a lawyer who knows that another lawyer has committed a violation of these Rules that raises a substantial question as to that lawyer’s honesty/trustworthiness/fitness, shall inform the appropriate professional authority
(b) a lawyer who knows that a judge has committed a violation of judicial conduct that raises a substantial question as to that judge’s honesty/trustworthiness/fitness, shall inform the appropriate professional authority

(c) exception :
- this rule does not require of Confidential info (R1.6) or

• information gained by a lawyer/judge while participating in an approved lawyers assistance program
• however, a lawyer should encourage a client to consent to disclosure of R1.6 info where prosecution would not substantially prejudice the client’s interests

Question 4

R8.4: Misconduct

Answer 4

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate these Rules; knowingly assist/induce another to do so; or do so through the acts of another
(b) commit a criminal act that reflects adversely on the lawyer’s honesty/trustworthiness/fitness
(c) engage in conduct involving dishonesty/fraud/deceit/misrepresentation
(d) engage in conduct that is prejudicial to the admin of justice
(e) state or imply an ability to influence improperly a gov’t agency/official or to achieve results by means that violate these Rules/other law
(f) knowingly assist a judge/judicial officer in conduct that is violative of applicable rules of judicial conduct/other law
(g) engage in conduct that the lawyer knows/reasonably should know is harassment/discrim on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender ID, marital status, or socioeconomic status in conduct related to the practice of law

Question 5

R5.1: Responsibilities of Partners, Managers, and Supervisory Lawyers

Answer 5

(a) duty to furnish internal policies
- lawyer managers shall make reasonable efforts to set up systems to prevent ethical problems

(b) duty of supervision
a lawyer with direct supervisory authority over another lawyer shall make reasonable efforts to ensure the other lawyer conforms to these Rules

(c) a lawyer shall be responsible for another lawyer’s violation of these Rules if:

• (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved, or
• (2) the lawyer is a partner/manager in the firm or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided/mitigated but fails to take reasonable remedial action

Question 6

R5.2: Responsibilities of a Subordinate Lawyer

Answer 6

(a) a lawyer is bound by these Rules notwithstanding that the lawyer acted at the discretion of another person
(b) a subordinate lawyer does not violate these Rules if that lawyer acts in accordance w a supervisory lawyer’s reasonable resolution of an arguable question of professional duty

Question 7

Rule 5.3: responsibilities regarding nonlawyer assistance

Answer 7

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:
- (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
- (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action