Regulation of the Legal Profession Flashcards
What is considered professional misconduct?
(1) attempt to, knowingly assisting in, inducing another to, or actually violating the Rules
When is a criminal act professional misconduct?
When it reflects adversely on the lawyer’s honesty, trust worthiness, or fitness as a lawyer
When should a lawyer report another lawyer for a violation of the Rules?
Where the violation raises a substantial question as to the trustworthiness or fitness of a lawyer.
In the case of a judge, if it raises a question as to their fitness to be a judicial officer
When is disclosure not mandatory?
(1) Information learned during a lawyer assistance program
(2) Disclosure of confidential information
(3) A lawyer representing another lawyer whose professional conduct is in question.
When may a lawyer practice law in a state they are not licensed?
(1) with court approval to practice pro hac vice
(2) when the lawyer is in association with a lawyer admitted to practice in that jurisdiction
(3) alternative dispute resolution
(4) the legal services arise out of or are reasonably related to the lawyer’s practice in their licensed jurisdiction
Is a lawyer permitted to delegate tasks to non-lawyers?
Yes. Given the lawyer is responsible for the work, is supervising the work, and in direct relationship with the client
When does a non-lawyer’s delegated task turn into the illegal practice of law?
When they give advice or provide service to the client
When may a licensed lawyer be illegally practicing law?
When he practices despite
(1) suspension of license
(2) suspension of status due to unpaid bar dues or
(3) suspension of status due to non-compliance with continuing education requirments
Where is a lawyer subject to a jurisdiction’s bar?
(1) where they are admitted to practice, regardless of the location of misconduct
(2) the jurisdiction where they are offering or providing legal services
If conduct is permitted in one jurisdiction, but not another may the lawyer be subject to discipline?
Yes, but only in the jurisdiction where the conduct is not permitted
What are the only situations in which a lawyer may share fees with a non-lawyer?
(1) the payment of money to a deceased lawyer’s estate
(2) purchasing the practice of a disappeared, deceased, or disabled lawyer
(3) even when based on a profit-sharing arrangement, to a non-lawyer employee as a salary or retirement plan
(4) court awarded legal fees to the non-profit that retained, employed, or recommended the lawyer
When is a lawyer prohibited from working with non-lawyers?
(1) when they form a partnership or business related to the practice of law
(2) other than a corporation, where a non-lawyer owns or has an interest in the practice of law for profit
What are law-related services?
title insurance, financial planning, tax filing, accounting, etc.
When might a lawyer be subject to the Rules for law-related services?
When the lawyer does not distinguish between the law practice and the law-related services
What are the responsibilities of a lawyer as supervisor, partner, or manager?
Their scope of responsibility includes both lawyers and non-lawyer employees.
They must:
(1) take reasonable steps to establish policies to provide assurance that employees follow the Rules
(2) they must not order or ratify a subordinate’s misconduct
