regulation of the legal proffession Flashcards
who regulates attorneys
state supreme courts and federal district courts
how many states have adopted the model rules in their entirety
very few; each state has their own rules
what is the character and fitness test primarly concerned with
criminal history of the candiate
are all crimes for the purpose of the character and fitness test disqualifying?
no; disqualifying crimes involve truth telling
is there a residency requiremnt for admission
no that runs into a consitutional issue
what are the three main ways in which an admitted attorney can be subject to discpine
1.violation of the rules
2. criminal act that touches on attorney’s honesty or fitness to practice
3. fraud or deceit, even if not criminal
what is fraud upon the court (aka procedural fraud)
lying to the court
what are the elements of common law fraud (ie conventional fraud) five in all
- making a statement
2.knowing its false - intending to decive
- causing reasonble reliance and;
- resulting in damage
for the purpose of discipline under these rules via fraud, its it necessary that anyone relied upon or suffered damages from the misrepresentation
no
what do partners at firms have to make reasonable efforts to ensure
that the lawyers and non professional employees comply with the rules
what do these rules mean by non professional employees
anyone not a lawyer that works at the firm ie secretaries, paralegal’s, IT staff ect
what do firms need to have in order to ensure complaice with the rules
a system
when are supervisory attorneys liable for violation of the rules by supervised attorneys and non professional employees
if they order, ratifu, or after learning of a violation, fail to take remedial action
what is the level of responsibility for the conduct of non professional employees that supervisory lawyers have
the same for lawyers
can a subordinate lawyer defend their vioaltion by saying they were just doing what they were told via their supervisor
no; only a reaosnble order by a supervisor is a defense
