Themis Review

Question 1

Informed Consent

Answer 1

Consent given after communication of adequate information about the material risks of the proposed course of conduct, as well as reasonably available alternatives; generally cannot be assumed from a person’s silence, but may be inferred from a person’s conduct.

Question 2

Pro Hac Vice

Answer 2

The permission given to a lawyer not admitted to practice law in a jurisdiction to appear before a tribunal in that jurisdiction.

Question 3

Requirements for Admission

Answer 3

1. Education - ABA accredited law school;
2. Knowledge - pass bar examination;
3. Character - past conduct may be considered when assessing an applicant’s good character and general fitness to practice law; qualification must have a rational connection with the applicant’s fitness to practice law.

Question 4

An applicant is restricted from doing these actions when applying for the bar:

Answer 4

1. Prohibited from knowingly making a false statement of material fact regarding bar admission;
2. Failing to disclose a material fact, or
3. Knowingly failing to respond to lawful demand by an admissions authority regarding application.

Question 5

Grounds of Misconduct

Answer 5

1. Violate MPRC, or knowingly assist or induce another to do so;
2. Commit a criminal act that adversely reflects on the lawyer’s honesty, trustworthiness, or fitness as lawyer;
3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
4. Engage in conduct prejudicial to administration of justice;
5. State or imply an ability to influence improperly government agency or official;
6. Knowingly assist a judge or judicial officer in a violation of judicial conduct rules or other law;
7. Engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination.

Question 6

Manager’s responsibility for firm’s preventive measures…

Answer 6

Must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that the conduct of all lawyers and non lawyers conforms to the MRPC.

Question 7

Direct supervisor’s responsibility for supervised person’s conduct…

Answer 7

Must make reasonable efforts to ensure that the supervised person’s conduct conforms to the Model Rules.

Question 8

Failure to remediate known misconduct…

Answer 8

When a lawyer with managerial authority knows that the consequences of misconduct can be avoided or mitigated but fails to take reasonable remedial action.D

Question 9

Duties of a subordinate lawyer…

Answer 9

Must conform to the Model Rules even if acting under the direction of a supervising lawyer; not liable for violation of the Model Rules if the subordinate acts in accordance with the supervising lawyer’s reasonable resolution of an arguable question of professional duty.

Question 10

Misconduct outside of the jurisdiction….

Answer 10

A lawyer is subject to discipline for misconduct in any jurisdiction where the lawyer is admitted to practice, even if the misconduct occurred outside of that jurisdiction; also subject to discipline by the jurisdiction where misconduct occurred.

Question 11

Sanctions for Misconduct

Answer 11

Set by each state; ranges from public/private censure to disbarment.

Question 12

Peer Responsibility Rules

Answer 12

1. The matter must raise a substantial question about the lawyer’s honesty, trustworthiness, or professional fitness.
2. There is no requirement to disclose confidential information protected by the Model Rules.
3. The lawyer must have actual knowledge of the misconduct (may be inferred).
4. Similar duty to report judicial misconduct.
5. Failure to report misconduct may subject the lawyer to discipline.
6. The report is privileged from a defamation claim by the other lawyer.

Question 13

To practice law without being barred in a state, you must…

Answer 13

1. Pro hac vice appearance;
2. Association with a local lawyer; or
3. Temporary practice of law.