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Related Topics
Cards In This Set
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ABA
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Voluntary membership and no disciplinary authority
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Types of discipline for violating a mandatory rule
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Private reprimand, public reprimand/censure, suspension (for finite period), disbarment
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Judicial authority
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SCOTUS is utlimate authority; State's highest court determines rules for state.
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Admission to the Profession: State rules that are allowed/not allowed
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State requirements for admission to bar need to be rationally related to the practice of law. What IS rational: Graduation from an ABA-acredited law school; refusal to take an oath to uphold the State and Federal constitution. What is NOT rational: U.S. citizenship; residency (don't need to be a resident of the state you sit for the bar in)
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Requirements for when applicants are applying for the bar
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1) truth and full disclosure; 2) duty to cooperate
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Requirements for lawyers regarding applicants
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1) Good applicants--your input is aspirational/"should"; 2) Bad applicants--duty to report when asked, or to correct something you believe may have arisen in the matter.
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Regulation after admission
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Regulated by highest state court and through its agencies.
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When you know of a violation as an attorney
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2-pronged duty: 1) Must report what you know unless protected as a secret or confidence (i.e., you represent this lawyer); 2) And you must be availabe to testify against this lawyer.
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Bad conduct that is subject to discipline
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Unethical conduct should be related to honesty or the practice of law. One instance of DUI or prostitution is not subject to discipline.
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Two instances where an attorney does NOT have to report bad conduct of another attorney
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1) when they learned of the bad conduct through representation of that lawyer as a client (must maintain duty of confidentiality); 2) learned through membership in an approved lawyer's assistance program that helps lawyers and judges with substance abuse problems.
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Permissible temporary multi-jurisdictional practice
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1) Associate with an active local lawyer; 2) special permission called pro hac vice; 3) mediation or arbitration out of home state practice; 4) anything reasonably related to lawyers home state practice
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Permissible permanent multi-jurisdicitonal practice
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Employed by her only client which has several offices. Example: corporate counsel (i.e., in-house counsel can oversee matters in all states related to your corporation. Still need local counsel to litigate in court)
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Supervisor responsible for acts of subordinate if. . .
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1) knew of misconduct at a time when consequences can be avoided or mitigated and th elawyer fails to take reasonable remedial action; OR 2) if the violation raises a substantial question of character and superviser either ordered or ratified the conduct.
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Subordinate not responsible for his/her own acts if. . .
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1) you are told to do it; 2) it is at least arguable that what you did you thought was ok to do.
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List activites that require a license (and constitute the "practice of law")
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1) appearing in court or depositions; 2) drafting legal documents that simpact substantial client's rights; 3) negotiating settlements.
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