Regulation Of legal Profession Flashcards
Who regulates the practice of law?
STATE: The highest court in the state using case law, rules of court and state statutes. Assisted by state bar
FED: Fed bar using case law, court/agency rules, fed statutes
Regulation by Multiple States
L is subject to regulation by each state in which admitted to practice
Bar Application No-Nos
- False statements
- Failure to disclose
Failure to disclose includes…
- Failure to disclose fact necessary to correct misapprehension
- Failure to respond to lawful demand
H/e does not include info protected by confidentiality
Conduct Relevant to Good Moral Character
- Criminal conduct
- Acts constituting moral turpitude
(Note: membership in a political organization is insufficient)
Professional Misconduct (5)
- Violating or helping another violate a disciplinary rule
- Criminal conduct showing dishonest or unfit to practice law
- Any conduct involving dishonesty or misrepresentation
- Conduct prejudicial to administration of justice / obstruction of justice.
- Discrimination/harassment related to practice of law
Duty to Report
- Actual knowledge of disciplinary violation
- Raises substantial question as to Ls fitness
Duty to Report Exceptions (2)
- L/C Relationship
- Learned while participating in approved lawyers’ assistance program
Discipline - Choice of Law
Related to a pending proceeding - rules of jur in which tribunal sits
Other: where conduct or predominate FX of conduct occurred.
Temp Multi-Jur Practice (4)
- Association with local L
- Pro hav vice
- Mediation/Arbitration AOO home state practice
- Other practice AOO home state practice (reasonably related)
Permanent Multi-Jur Practice
- Ls employed by only client (e.g. in-house, government)
- Services authorized by federal or local law (e.g. patent prosecution)
Multi-Jur Discipline
Subject to disciplinary rules of both jurs
Practice of Law
- Involves legal knowledge or skill
- Advice binding legal rights
- Activities traditionally performed by Ls
Traditional Lawyer Activities (4)
- Court appearances
- Settlement Negotiation
- Drafting legal docs
- Giving legal advice
Partner / Manager/ Supervisor Responsibilities
Reasonable efforts to assure adherence to rules
Ethical Responsibility for Another Ls Conduct (2)
- L ordered or knowingly ratified it
OR
- Partner/Mgr/Direct Supervisor and learns of misconduct when it can be remedied but fails to take remedial action
((Also applies to non Ls misconduct))
Responsibility of Subordinate L
Clear ethics violation > subject to discipline
H/E Reasonable resolution of debatable ethics question > not subject to discipline
Fee-Splitting Exceptions (4)
- Death benefits to Ls estate
- Compensation/Retirement Plans for Non-Ls
- Sale of law practice of dead/disabled/disappeared L (Purchase price to Ls estate)
- Sharing court-awarded fees with nonprofit
Professional Independence - Do Not… (2)
- Partner with the non-L
- Practice in a firm or association where non-L owns interest or can control professional judgment
Professional Independence - Do Not… (2)
- Partner with the non-L
- Practice in a firm or association where non-L owns interest or can control professional judgment
Sale of Practice Responsibilities
Seller
1. Must cease to engage in private practice or in the sold field of practice in the geo area of practice
2. Notice given to seller’s client
Purchaser
1. Take all clients (not just money-makers)
2. Honor existing agreements
3. Can’t increase fees bc of sale
L Subject to Discipline for Law-related Services
- Non-legal services and legal services provided together
- Non-legal settings by entity controlled by L …UNLESS reasonable steps to ensure customer knows they are not legal services
