Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MPRE > Unauthorized Practice of Law / Multi-Juris Practice > Flashcards

Unauthorized Practice of Law / Multi-Juris Practice Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards
1
Q

What are the two rules of unauthorized practice?

A
  1. Lawyer is subject to discipline for practicing in a jurisdiction where they are not admitted.
  2. Lawyer is subject to discipline for assisting another in the unauthorized practice of law.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If a lawyer is not authorized to practice in a state, what activities must they refrain from?

A
  1. Representing that they are admitted to practice.

2. Establishing an office or continuous presence in that jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the conditions for a lawyer to be allowed to practice in a state where they are not barred on a temporary basis?

A

Admitted in one state.

not disbarred or suspended from practice in any state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is associating with a local lawyer permissible temporary practice?

A

Yes - local lawyer must actively participate in the matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Attorney A is admitted to practice in State One only, and she works for a law firm that regularly represents a nationwide labor union. The union is trying to organize workers in State Two, and A is sent there to give legal advice to the union’s organizers.

With the union’s consent, A associates local labor lawyer L and rents a temporary office near
L’s office. L works actively with A in handling legal problems arising from the union’s
organizing efforts.

Is this proper?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can a lawyer get a special right to practice from a local tribunal?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does Pro Hac Vice mean?

A

Admission for purposes of this matter only.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

True or False: A lawyer who reasonably expects to be admitted pro hac vice may engage in preliminary activities in the state such as meeting with clients, doc review, and witness interview.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If a lawyer reasonably believes that they will be admitted pro hac vice but has not yet filed the case or been admitted, it is (proper or improper) for them to go to that state and begin interviewing people.

A

Proper.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A lawyer can use ADR in a state where they are not admitted if:

A

Their services arise out of or are related to their practice in the state where they are admitted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

True or False: Rule 5.5(c)(4) provides a catch all category that permits a lawyer to temporarily practice out of state if out of state practice is reasonably related to lawyer’s home state practice.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Lawyer L is admitted to practice in State One only. He represents a State One client that buys up and revitalizes run-down shopping centers. That client asks L to travel to State Two to negotiate with the owner of a State Two shopping center, and to draft a
purchase agreement that will satisfy the owner and that will be valid under the law of
State Two.

Is this proper?

A

Yes - under the catch all rule 5.5-c-4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True or False: A lawyer who is licensed and in good standing in a foreign jurisdiction cannot engage in temporary practice in the US.

A

False - they receive the same carve outs as lawyers working within the US. Receive additional rights if case is governed by international law or foreign laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

True or False: A judge has the discretion to limit a foreign lawyers participation in a case.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the 2 circumstances under which a lawyer can open an office and systematic presence in a state where they are not barred?

A
  1. Lawyers employed by their only client (in house counsel) transactional only.
  2. Legal services authorized by federal law.

Lawyer cannot be disbarred or suspended anywhere and must be barred somewhere (foreign or domestic)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Attorney A is admitted to practice in Maryland and Virginia.

She is employed byGeneral Motors (“GM”), which assigns her to be the legal advisor in the GM office in
Idaho.

Does A need to be admitted in Idaho?

A

No.

A need not be admitted to practice in Idaho, but if she wants to represent GM in a suit pending in an Idaho court, she must seek admission pro hac vice.

17
Q

A foreign lawyer practicing under the IN HOUSE RULE ______ advise her client on the U.S. Law.

A

May not - must consult with local lawyer.

18
Q

True or False: In rare instances, federal or local law authorizes a lawyer to practice a restricted branch
of law in a state in which he is not otherwise admitted to practice.

A

True- patent prosecution

19
Q

Lawyer L is admitted to practice law in New York, and he is admitted to prosecute patents in the United States Patent and Trademark Office, which is located in Washington, D.C.

When L “retired” and moved to Florida, he did not become a member of the Florida bar; rather, he set up a Florida practice that is limited to patent prosecution in the Patent and Trademark Office. L does not handle other patent matters, such as patent licensing or patent infringement, and he does not practice any other kind of law.

Is this proper?

A

Yes - restricted practice.

20
Q

A lawyer who is admitted in one jurisdiction and practices in another is subject to disciplinary rules of…

A

Both jurisdictions.

21
Q

True or False: an in-house or government lawyer may be subject to the second jurisdiction’s client security assessments and continuing legal education requirements.

A

True

22
Q

Can a lawyer assist a non-lawyer in the unauthorized practice of law?

A

No

23
Q

What are the three factors to consider when determining if something is the practice of law?

A

1) Whether it involves legal knowledge and skill beyond what an average person possess.
2) whether the activity involves binding legal rights or remedies
3) whether the activity is one usually done by lawyers.

24
Q

Is this considered the practice of law? Appearing in a judicial proceeding?

A

Yes

25
Q

Is this considered the practice of law?

Engaging in settlement negotiations?

A

Yes

26
Q

Is this considered the practice of law?

Drafting legal documents.

A

Yes

27
Q

Is this considered the practice of law? Filling in the blanks on a form.

A

No

28
Q

Is this considered the practice of law? Accountants representing clients.

A

Allowed in state agencies and federal agencies.

29
Q

Can non lawyers publish do it yourself books?

A

Yes

30
Q

Is this considered the practice of law? Preparing tax returns.

A

No unless the individual is giving advice on take law. Ok to do taxes and answer questions.

31
Q

What punishment is a person subject to for unauthorized practice of law?

A
  1. Injunction
  2. Contempt
    3) Criminal Conviction
32
Q

Can a lawyer delegate tasks to a law clerk, paralegal, or other party?

A

Yes but they must supervise the work and ultimately be responsible for it.

33
Q

Can a lawyer advise and instruct non lawyers whose jobs require knowledge of the law?

A

Yes

34
Q

Is there any punishment for someone representing themselves?

A

No Pro Se is ok.

35
Q

Client C asked attorney A to represent her in a dispute with her landlord concerning the stopped-up plumbing in her apartment. After hearing C’s explanation, A advised C that she would be able to handle the matter herself in small claims court at far less expense.

A instructed C on how to obtain the proper forms for small claims court and gave her
general advice on what facts to gather and how to prove her case.

Is this proper?

A

Yes - Pro Se is ok.

36
Q

Can a lawyer assist another lawyer whose license has been suspended or revoked?

A

no - violation of the rules - suspended person can only do laywork not legal work.

37
Q

Is interviewing people the practice of law?

A

No

38
Q

In-House and government lawyer ___ engage in non-litigation practice across state lines.

A

Can

39
Q

True or False: Lawyers in certain restricted fields are authorized by law to practice in other states

A

True - Patent Prosecution

MPRE (22 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions