Regulation of the legal profession Flashcards
Admission to the profession: Standards for admission must be:
Rationally related
A lawyer MUST report misconduct when:
It is a serious professional violation
A lawyer MAY report another lawyers misconduct when:
It is a minor violation
Fee Divisions: Can lawyers share legal fees with nonlawyers?
No, except limited circumstances.
Bar Admission Process: Rule for truthfulness
Applicant must respond truthfully and can’t knowingly make false material statements
When does a lawyer have mandatory reporting of misconduct?
If the lawyer knows that the lawyer has violated rules; or the lawyer knows a judge has violated and they raise SUBSTANTIAL QUESTION OF THEIR HONESTY
Exceptions to mandatory reporting:
Information that is protected by attorney-client priv.
Permissive reporting:
Lawyer may report minor violations.
Fee divisions: Can lawyers and nonlawyers share fees
No.
Fee division: Death.
Lawyer may enter into an agreement with lawyers firm, partner or associate after the lawyers death.
Can lawyer enter partnership with nonlawyers?
No if the partnership includes the practice of law. If not, it is okay.
Third party nonclients: How does lawyer handle when third party pays
Can’t allow third party to direct the case. At all.
Supervisory Lawyers Responsibilities
Must make reasonable efforts to ensure supervised attorneys conform to rules
When is an attorney responsible for another attorney’s violation
When the lawyer orders and knowingly ratifies the other lawyers conduct.
Subordinate lawyers responsibilies
Still bound by the rules if a supervisor orders
Exceptions to subordinate lawyer liability
if it is a questionable action and the subordiate relies on the advice of supervisor
