Regulation of the Legal Profession Flashcards
Who regulates attorney’s?
State Supreme Court and Federal District Courts.
Regulation before Admission
Must have gone to an ABA accredited school.
Character and Fitness Test
Principally concerned with the CRIMINAL history of the candidate, but NOT all crimes are disqualifying.
Residency
No Residency requirement for admission
Truthfulness
No lying on the application for bar admission or law school admission
Violation of the Rules
A criminal act that touches on attorney’s honesty or fitness to practice.
Vicarious Liability of Attorney’s
Partners need to make reasonable efforts to ensure that the Lawyers and Non-Professional staff comply with the rules.
Compliance
Firms must have a system in place to ensure compliance.
Non-Professional Employees
Applies to any non-lawyer who works with the law firm (employee, independent contractor, IT staff, etc.)
Subordinate lawyer’s and staff
Need to always follow what the partners say unless its going to get you in trouble.
Out of state conduct
This can still get you in trouble, even if you are not at home.
Snitch rule
A lawyer is required to report violations to disciplinary authorities! Have to have ACTUAL knowledge of a substancial violation.
To practice out of state…
Need to get pro hac vice admission.
Aiding and abetting
A lawyer is prohibited from aiding and abetting the unauthorized practice of law by failing to supervise non-professionals.
Fee-Division with Non-Lawyers
A lawyer CAN NOT divide legal fees with non lawyers.
