Regulation of the legal profession

Question 1

Who regulates lawyers?

Answer 1

• The state’s highest court
• statutes (like special obligation for securities lawyers under federal law, or state evidence law governing atty client privilege)
• case law

Question 2

Admissions requirements SCOTUS standard

Answer 2

rationally related to the practice of law

e.g.
* graduated from law school
* take oath to uphold constitution
* good moral character

Question 3

effect of criminal acts on admission

Answer 3

rejection generally requires crimes of moral turpitude like crimes of violence or dishonesty

Lying is ALWAYS moral turpitude

Question 4

are citizenship and residency rationally related for admission purposes?

Answer 4

NO

Question 5

Requirements for applicant and her reference

Answer 5

• You cant lie (knowingly false statements)
• must correct misapprehensions (duty of confidentiality excepted)
• respond to all Questions

Question 6

True or false: atty client privilege always trumps duty to report

Answer 6

TRUE

Question 7

when is a lawyer subject to discipline for committing a CRIME, even if not convicted?

Answer 7

crimes relevant to honesty, trustworthiness, fitness

(e.g. taxes, fraud)

NOT relevant: adultery, weed possession

Question 8

when is a lawyer subject to discipline for committing an ACT, even if not related to practice of law?

Answer 8

• ANY ACT of dishonesty, fraud, deceit, misrepresentation

e.g. you sell a house and misrepresent the condition (cheating clients)

• Conduct prejudicial to administration of justice (e.g. destroying evidence)
• while Practicing law (and within firm), harass or discriminate based on a protected class *race, sex, religion, national origin, ethnicity, age, sexual orientation, gender, marital status, socioeconomic status

but you can promote diversity

Question 9

duty to report misconduct, when MUST you report and what are the limitations?

Answer 9

you may report any violation, but you MUST report violation raising SUBSTANTIAL question (cheating on taxes, using client funds, destroying evidence) as to honesty, trustworthiness and fitness that you KNOW of

insubstantial: advertising, communication

Limit:
* duty of confidentiality
* if you are part of an approved lawyer assistance program (like lawyer support groups)

Question 10

unauthorized practice of law: what activities require license?

Answer 10

• appearance at judicial proceedings and depositions
• drafting wills, contracts, etc.
• negotiating settlements
• giving legal advice

appearing pro se is not unauthorized practice. Lawyer not subject to discipline by helping someone represent themselves

Question 11

unauthorized practice of law: what activities dont require license?

Answer 11

• interviewing people
• filling in forms
• preparing tax returns

Question 12

methods of out of state practice:

Answer 12

• associate with locally licensed atty
• admission pro hac vice (you can do preliminary stuff like interviews before you get PHV)
• mediation or arbitration related to your own state practice
• anything reasonably related to home state practice

Question 13

when can you practice anywhere permanently?

Answer 13

• in house counsel
• patent prosecution lawyers

Question 14

supervisor/managing partner responsibility

Answer 14

• each managing partner has to make sure firm has systems in place to ensure compliance
• supervising lawyers must make efforts to ensure subordinates comply with rules

Question 15

When are supervisors vicariously responsible?

Answer 15

• ordered or ratified
• failure to mitigate

Question 16

true or false: supervisory lawyers’ responsibility extend to non lawyer employees of firms

Answer 16

TRUE

Question 17

true or false: acting on orders of another lawyer does not excuse misconduct, what’s the exception?

Answer 17

true

action was reasonable resolution of an arguable question os professional duty

e.g. arguable includes conflict of interest Qs

Question 18

true or false: lawyer and non-lawyer can open a restaurant

Answer 18

yes

Question 19

true or false: no partnerships with non lawyers if any part of the partnership includes practice of law

Answer 19

true

Question 20

can a non lawyer have control or ownership interest in a firm?

Answer 20

NO

Question 21

Can you pay a portion of legal fees with a non lawyer?

Answer 21

no

Question 22

fee splitting exceptions

Answer 22

• death benefits to lawyer’s estate
• funds to purchase practice from deceased, disabled, or disappeared lawyer
• bonus plans and regular salaries to employees BUT no fee splitting
• court awarded legal fees with non profit org that retained or recommended lawyer in that matter

Question 23

what is the exception to no non-compete classes restriction right to practice?

Answer 23

retirement benefit

Question 24

true or false: a lawyer is subject to discipline if they agree to restrict their right to practice as part of a settlement offer

Answer 24

true

Question 25

seller’s duties when selling law practice

Answer 25

• you must sell entire practice or entire area, cannot just sell specific cases
• must notify all clients of sale, right to obtain other counsel, consent to transfer file to buyer presumed after 90 days
• cannot continue to practice in that local area (but can be government lawyer, in house, etc.)

Question 26

buyer’s duties in sale of law practice

Answer 26

honor all existing fee agreements
cannot increase feeds

Question 27

true or false: you are a lawyer and have a separate accounting firm, you MUST inform clients of accounting firm that this is not a law practice, atty-client privilege does. not apply. If you dont, you will be subject to the rules

Answer 27

TRUE