Regulation of the Legal Profession Flashcards
Where does disciplinary authority lie?
With a state’s supreme court, who adopt the MRPC.
What is the legal standard Bar admission rules must follow?
Standards/rules must be rationally related to the applicant’s fitness to practice law.
What are the types of discipline that can occur from misconduct?
Private reprimand, public reprimand, censure, suspension, disbarment and other sanctions
What is UPL?
UPL occurs when a lawyer practices in a jurisdiction without having proper credentials and authorization to do so. OR by helping a lawyer or nonlaywer to violate the jurisdiction’s requirements
Can lawyers share fees?
No. Except under very limited circumstances.
How does the MRPC define a law firm?
(1) one or more lawyers in a law partnership, a sole propietorship, a professional corp. etc.. or other business entity (2) lawyers working for a legal-services entity (3) lawyers employed in-house by a corporation or other organization
Can lawyers partner with non lawyers?
No, they cannot partner with non lawyers if the business partnership includes the practice of law.
Can a third party direct a lawyer’s work?
To a degree, but direction cannot affect the lawyer’s professional judgment.
Responsibilities of Partners/ lawyers as managers?
In some circumstances lawyers are responsible for the ethical conduct of lawyers and staff within the firm. A lawyer with direct supervisory authority over another lawyer MUST make reasonable efforts to ensure the supervised lawyer is conforming to ethics rules
Can a lawyer enter into an agreement that restricts a lawyer’s right to practice law after the underlying relationship ends?
No. This does not apply to restrictions in the sale of a law practice.
