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MPRE Annotations > Regulation of Legal Profession > Flashcards

Regulation of Legal Profession Flashcards

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MPRE flashcards
1
Q

A lawyer is before a tribunal if it issues…

A

…a legal binding judgement

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2
Q

When there is a choice of law PROVISION, the lawyer is subject to…

A

…. the rules of the jurisdiction in which the tribunal sits.

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3
Q

When there is choice of law issue regarding CONDUCT…

A

…lawyer is subject to the rules of the jurisdiction in which the conduct occurred. MRPC 8.5(b), cmt.

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4
Q

If a lawyer committed adultery….

A

…this does not impact their admission or character because its a PERSONAL MORAL issue.

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5
Q

If a lawyer IMPLIES that they can influence improperly a government agency….

A

…they are subject to discipline or can be denied admission.

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6
Q

A lawyer looking to invoke fifth amendment privilege for character interview can do so as long as….

A

… they do it openly without omitting information.

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7
Q

A bar who sets a residency requirement….

A

…violates the rules.

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8
Q

A lawyer who writes a recommendation for the bar for another attorney must meet the same requirements for disclosure as…

A

…the applicant

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9
Q

A lawyer whose conduct does not violate the MR can still be subject to….

A

civil AND criminal liability

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10
Q

A fraudulent action that does not cause harm will….

A

… still be subject to discipline.

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11
Q

Partners are subject to discipline for the actions of their non-lawyer employees of the firm to the extent that…

A

1) the partner had knowledge and/or 2) the firm had procedures in place to prevent such violations

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12
Q

A lawyer in partnership with a lawyer who commits misconduct…

A

generally is only accountable for their own behavior, but can still be held civilly liable

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13
Q

If a supervisor directs a subordinate attorney to violate the rules…

A

…the subordinate attorney is liable IF the supervisor requested something UNREASONABLE.

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14
Q

A lawyer who believes another lawyer committed misconduct…

A

… must only report if there is ACTUAL KNOWLEDGE

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15
Q

A lawyer who has actual knowledge that an attorney violated the rules in a certified lawyers assistance program is…

A

…not obligated to report.

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16
Q

A lawyer who makes an office in another jurisdiction where they are not authorized to practice…

A

…is subject to discipline.

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17
Q

A lawyer who allows a non-lawyer to finish a deposition with questions written only by lawyers…

A

…is subject to discipline.

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18
Q

A lawyer who reports misconduct holds privilege against…

A

defamation.

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19
Q

Non lawyers who commit misconduct are subject to…

A

…civil and criminal liability but NOT model rules.

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20
Q

A client need/need not consent to sharing of fees between…but not…

A

…different firms…within the same firm

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21
Q

A partnership between a lawyer and non-lawyer violates the model rules if…

A

….there is any practice of law.

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22
Q

In a professional LEGAL corporation, non-lawyers are not allowed to:

A

1) own an interest; 2) be a corporate director; 3) have the right to control a lawyer’s professional judgment

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23
Q

If a banker owns an interest in a legal corporation…

A

…the lawyers are subject to discipline.

24
Q

A lawyer who accepts a fee from a third party can do so as long as…

A

…they do not control their legal judgement.

25
Q

A lawyer who sells her practice and continues to practice in the same area (geographic area) of law…

A

…is subject to discipline.

26
Q

60 days after a lawyer notified her clients she was selling the practice, a client had not responded. She assumed consent.

A

She is subject to discipline because 90 days assumes consent.

27
Q

A lawyer sold her practice to a friend who increased the rate reasonably by 5%.

A

Subject to discipline. Cannot increase the rate.

28
Q

A lawyer sells her practice and then goes to work for a public agency…

A

…and she is not subject to discipline.

29
Q

A lawyer sells her business and then goes to work in-house counsel.

A

She is not subject to discipline.

30
Q

A lawyer sells her tax practice and goes to practice civil rights law.

A

She is not subject to discipline as long as she is competent.

31
Q

A lawyer sells her business to take care of her sick cousin. Her cousin recovers.

A

She can return to practice.

32
Q

A buyer of an attorney’s practice refuses to take clients who have a certain matter. There is no conflict.

A

PURCHASING lawyer subject to discipline.

33
Q

A lawyer is receiving retirement benefits and the firm includes a clause in the contract to restrict lawyer’s right to practice after termination.

A

No discipline. This is the ONLY exception to the prohibition against restricting the lawyer’s right to practice after termination of a partnership, shareholder, or employment agreement.

34
Q

A lawyer agrees not to represent other persons in connection with settling a claim on behalf of a client.

A

Prohibited under restrictions in settlement agreements.

35
Q

A lawyer restricts the right for a lawyer to practice in terms in the sale of law practice.

A

This is an exception to the prohibition on Restrictions in Partnership or Employment Agreements.

36
Q

A purchaser decides that she will not continue representing two clients because they will cause a financial burden to her in the new practice she just brought.

A

Violates rules. The purchaser is required to undertake all client matters in the practice or practice area, subject to client consent and conflict of interest constraints. The purchaser must honor existing arrangements between the seller and the client as to fees and the scope of the work. MRPC 1.17, cmt. 10.

37
Q

A lawyer sells her practice to accept an appointment to judicial office and later resumes private practice upon being defeated in a contested or a retention election for the office or resigns from a judiciary position.

A

She does not violate the requirement that the sale be attendant to cessation of practice.

38
Q

A client cannot be given notice but the lawyer wants to sell the practice. Her option is…

A

…. to get entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file.

39
Q

A withdrawing partner from a law firm my receive similar compensation to that of…

A

…a lawyer selling her practice.

40
Q

The sale of practice rule does not apply to …

A

…a transfer between lawyers of legal representation unrelated to the sale of practice.

41
Q

Law- related services may be bound by ….

A

…conflict of interest rules.

42
Q

If a client-lawyer relationship exists between a lawyer and a person who is referred by a lawyer to a separate law-related service CONTROLLED by that lawyer the lawyer must comply with…

A

rules of entering into a business transaction, advertising, and solicitation.

43
Q

Lawyer providing law-related services is responsible for taking reasonable measures to assure that a person obtain the law related services

A

…knows that the services are not legal services and the client-lawyer relationship does not attach.

44
Q

A publicly-held corporation may require a lesser explanation than someone who is unaccustomed to making distinctions between legal services and law-related services when a lawyer must take reasonable measures to ensure…

A

…that the client understands the client-lawyer relationship DOES NOT EXIST.

45
Q

Law-related services are subject to model code if…

A

…the law-related services are NOT distinct from legal services (e.g. will drafting and financial planning advice)

46
Q

Law-related services include…

A

….providing title insurance, financial planning, accounting, trust services, real estate counseling, legislative lobbying, economic analysis, social work, psychological counseling, tax preparation, and patent, medical, or environmental consulting. MRPC 5.7, cmt.

47
Q

A lawyer accepts compensation OR a referral from third party and there is no interference with lawyer’s independent professional judgment. The lawyer is not subject to discipline so long as…

A

The client gives informed consent.

48
Q

A lawyer has retired from the firm but wants to continue to split fees with the current partners.

A

Allowed.

49
Q

Whether two or more lawyers constitute a firm depends on..

A

..the facts such as how they hold themselves out to the public and conduct themselves (office space is insufficient)

50
Q

Non-lawyers are allowed to split fees with lawyers if…

A

dead, retired lawyer or nonprofit!

…1) lawyer’s estate is receiving fees for REASONABLE AMOUNT OF TIME; 2) lawyer purchases practice of deceased or disabled, or disappeared lawyers and pays to the estate; 3) retirement plan; 4) shares legal fees from court with non-profit.

51
Q

A lawyer supports a corporation to represent themselves pro se…

A

..violation! Can only support individual.

52
Q

Lawyer can give professional advice and instruction to non-lawyers whose employment…such as…

A

requires legal knowledge… such as…(e.g., claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies). Lawyers may also advise independent non-lawyers, such as paraprofessionals, who are authorized by the law of a jurisdiction to provide particular law-related services. MRPC 5.5, cmt. 3.

53
Q

A pro hac vice attorney from State Y who violates the rules in State X is subject to disciplinary rules of…

A

State Y and State X.

54
Q

A lawyer from a foreign country who is performing services for an employer on US federal or state law…

A

must be based on advice of a lawyer who is licensed and authorized by the applicable jurisdiction to give such advice (LLM)

55
Q

A lawyer providing services through the same office or systematic and continuous presence in a second jurisdiction where the lawyer is not admitted to practice…

A

…is not subject to discipline if the services that the lawyer is providing are authorized to be provided by federal law or other law or rule of the second jurisdiction. MRPC 5.5(d)(2)

56
Q

A lawyer may provide legal services through an office or other systematic and continuous presence in a second jurisdiction where the lawyer is not admitted to practice if…

A

….the lawyer is only providing legal services (not litigating?) to the lawyer’s employer or its organizational affiliates and the forum does not require pro hac vice admission for such services. MRPC 5.5(d)(1).

57
Q

An in-house corporate lawyer or a government lawyer may provide legal advice to an employer without having to be admitted to practice in that jurisdiction. If such a lawyer litigates a matter in the jurisdiction, however….

A

the lawyer typically should seek pro hac vice admission. Additionally, the exception does not authorize the provision of personal legal services to the employer’s officers or employees. MRPC 5.5, cmt. 16.

MPRE Annotations (11 decks)

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