the test, the rules, key terminology Flashcards
what are the sources of law that the test pulls from
aba model rules
aba model code of conduce
what other authorites does the test pull from
rules of evidnece
con law
crim law
what are the most tested areas of the test
client lawyer relationship
client confidentiality
conflict of interst
what is the difference between the rules and the comments
the rules are law
the comments are suggestions
what does it mean when a rule is madatory (aka a hard rule) and what does a violation lead to
says what a lawyer must or must not do; violation leads to discpline
what are aspriation rules (soft rules)
tells lawyers what they should do
what are the two forms of displine of an attoreney
censure – getting scolded/yelled at
disbarment- loss of license to practice law
what are the two ways an attorney can be censured
privately via disciplinary authority or publicly via the supreme court
what is the most common alternative to disbarment
long term suspension
when the word ‘may’ is used in a rule what does this generally mean
the lawyer has a choice and its a permissive rule (ie the lawyer has options)
what are non-displinary sanctions (three in all)
disqualification (thrown out of representing a client)
civil liability (usually for malpractice)
criminal liability
what is a tribunal
usually a court, but not always; its a body that can make binding legal judgments
how do we know if a certian administraive agency is a tribunal under these rules
if they have the ability to issue a bidning legal judgment
how do the rules define law firms
all forms of legal groups practing law
what is included as being a law firm (four in all)
corporate law offices, insurance company law offices, district attorney office, public defender office
