Regulation of the Legal Profession Flashcards
What are the voluntary and mandatory bar associations in VA?
- Virginia Bar Association
- Virginia State Bar – power to regulate the legal profession and discipline lawyers
What does one need to practice law in VA?
a license
What are the three general requirements to obtain a bar lisence in VA? Explain them
- Education: VA allows applicants to “read the law,” essentially bypassing law school in favor of a well-regulated and supervised program of study
- A level of testing knowledge
- Be of good character. Misconduct on the bar application itself is a common reason for the bar to find an applicant lacks good character
Practice Outside the State of Admission
Limited or Temporary Legal Practice
Consult that state’s multijurisdictional practice statute
Practice Outside the State of Admission
Court Appearance
Ask for permission to appear “Pro Hac Vice”
Practice Outside the State of Admission
In VA, who may obtain a limited license to practice in some circumstances like doing a limited project in VA?
In house corporate counsel and foreign lawyers
Unauthorized Practice of Law
What is Unauthorized Practice of Law
when a person without a license engage in a list of activities that only lawyers may engage in
Unauthorized Practice of Law
What is the practice of law?
- Court appearance on behalf of a client
- Giving legal advice when connected with:
1. Charging a fee; or
2. Drafting a document
Unauthorized Practice of Law
What is NOT the practice of law?
- being a mediator
- lobbying in the legislature
- teaching
Unauthorized Practice of Law
Can a lawyer licensed in another state practice law in VA?
Not without permission
Self-Governance
What are a VA lawyer’s obligations for reporting misconduct of other lawyers?
to report the **serious **misconduct of another lawyer to the appropriate professional authority
Required to do when you have reliable information about misconduct that raise a substantial question as to that lawyer’s honesty, trustworthiness, or fitness to practice law
Self-Governance
What is the one exception to reporting the misconduct of other lawyers?
If the information is protected by the duty of confidentiality
Self-Governance
Do VA lawyers need to report their own misconduct in other states?
Yes, within 60 days following entry of any final order or judgment of conviction or discipline.
