Regulation of the legal profession Flashcards
Applicants for admission to the bar, and lawyers in connection with a bar admission application or a disciplinary matter, must not knowingly:
must not knowingly make a false statement of material fact, fail to disclose a fact necessary to correct a misapprehension, or knowingly fail to respond to a lawful demand for non- confidential information.
T or F a lawyer who knows of derogatory information about a bar candidate cannot disclose that information if it is confidential information protected under Rule 1.6.
True
What is required to remedy a misstatement that the bar candidate may have made to the bar examiners that the bar applicant was made aware of
This Rule requires correction of any prior misstatement that the bar candidate may have made, and requires affirmative clarification of any prior misunderstanding on the part of the admissions or disciplinary authority of which the bar candidate becomes aware.
T or F, Applicants sign the bar application under penalty of perjury.
True
States may require more disclosure from applicants for a law license than employers may require in a job application. What are some examples?
For example, bar applications often contain questions not permitted by constitutional or employment law in job applications, such as those asking about treatment for chemical dependency and mental illness, records of arrests not leading to convictions, and whether the applicant has been a party to any lawsuit.
A candidate for admission may claim the 5th Amendment privilege against self-incrimination as a ground for lawfully refusing to disclose confidential information to the extent protected by Rule 1.6. However,
the right against self-incrimination applies only where:
there is a threat of criminal prosecution; it does not apply to past criminal prosecutions or to the mere possibility of disciplinary action by the state bar.
Under Rule 8.4, it is professional misconduct for a lawyer to:
(1) Knowingly violate or attempt to violate the Rules, knowingly assist or induce another to do so, or do so
through the acts of another;
(2) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer;
(3) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(4) engage in conduct that is prejudicial to the administration of justice;
(5) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules or other law; or
(6) knowingly assist a judge or judicial officer in conduct that is a violation of the applicable rules of judicial conduct or other law.
T or F Any violation of the Rules, or any attempt to do so, is a violation of Rule 8.4. Therefore, a charge under Rule 8.4 should accompany almost any other charge in a disciplinary complaint.
True
T or F A lawyer violates Rule 8.4, if that lawyer refuses to comply with a legal obligation, including one of the Rules, in the good-faith belief that no valid obligation exists, even if the lawyer is proven wrong in a challenge to the law or Rule.
False
A lawyer who knows that another lawyer has committed a violation of the Rules or Judicial Code must report the violation if?
a violation of the Rules or Judicial Code that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer, or in the case of a judge, that judge’s fitness to be a judicial officer, shall inform the appropriate professional authority.
T o F the rules do not require self reporting of violation of the rules
False
Is Disclosure of information learned while serving as a member of a lawyer assistance program, including programs for substance abuse or mental health problems required to be disclosed?
No
A lawyer admitted to practice and in good standing in one jurisdiction, is permitted to provide temporary legal services in a separate, new jurisdiction if:
(1) the representation is undertaken in association with a lawyer who is admitted to practice in the new jurisdiction and
who actively participates in the matter;
(2) the legal services that the lawyer will be providing are in or reasonably related to a pending or potential proceeding before a tribunal in the new jurisdiction or another jurisdiction, and the lawyer or someone assisting the lawyer has either been admitted pro hac vice or reasonably expect to be admitted pro hac vice;
(3) the legal services that the lawyer will be providing are in or reasonably related to a pending or potential alternative dispute resolution proceeding in the new jurisdiction or another jurisdiction, provided that the services arise out of or are reasonably related to the lawyer’s practice in the jurisdiction where he is admitted to practice law, and the services are not the kind of services where a lawyer would first need to obtain pro hac vice admission; or
(4) the legal services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.
A lawyer may delegate tasks to those who are non-lawyers without being in violation of the Rules so long as the lawyer
maintains a direct relationship with the client, supervises the delegated work, and retains complete professional responsibility for the work.
T or F Ultimately, the lawyer is responsible for the negligence or malfeasance of any non-lawyer employee that the lawyer knew or should have known about and monitored.
True
