Regulation of the Legal profession Flashcards
What are the 3 requirements to become a lawyer ?
1) Education
2) knowledge (passing bar exam)
3) Good character
if wishing to practice out of the state, a lawyer should ask the court for permission to appear
Pro Hac Vice
In Virginia, in house counsel corporate may
obtain a limited license to practice in specific circumstances
Only people with a law license can
conduct the practice of law
What is the practice of law
1) Court appearances on behalf of a client
2)Giving legal advice when connect with charging a fee or drafting a document
3) practicing in a state you do not have permission to practice in
What is not the practice of law
1) Being a mediator
2) Lobbying the legislature
3) Teaching
In Virgina, you MUST report the misconduct of another lawyer when
You have “reliable information” about misconduct that raises a “substantial question” as to that lawyer’s honesty, trustworthiness, or fitness to practice law”
However, you are not required to report information that is protected by confidentiality
In Virginia, you have a duty to report misconduct that occurs in another state
within 60 days
The Discipline of lawyers is imposed for
The protection of the public and the benefit of the profession
Disbarment is
The taking away of a lawyer’s license indefinitely and is reserved for the most serious misconduct
Suspension is
the revocation of the law license for a fixed period of time
A reprimand is
A statement of reproach issued by the bar to the disciplined lawyer and can either be public or private
Malpractice is a
civil claim for damages made by a client who has been a victim of the lawyer’s misconduct
The 2 theories to bring a malpractice suit are
1) Contract theory
2) Tort Theory
Contract theory of a malpractice suit requires
contract elements, breach, damages
