Questions and Answers
What is the role of the American Bar Association regarding the regulation of the legal profession?
The 'Must' rules laid down by the ABA Model Rules of Professional Conduct are mandatory.
True
Discipline for violation of 'Must' rules can include __________.
Reproval, Suspension, Disbarment
What does reproval mean in terms of legal discipline?
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What is disbarment?
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The 'Should' rules are mandatory and have repercussions for failure to adhere.
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Regulation of the Legal Profession is a ________ exercise.
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What is moral turpitude?
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What are state laws related to professional responsibility?
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What are the requirements for admission to the Bar according to the Supreme Court?
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What should a good applicant do regarding Bar applications?
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What should a lawyer do if they know of a violation?
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What should a lawyer do if they suspect a violation?
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Which activities require a law license?
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Which of the following does NOT constitute the practice of law?
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Study Notes
Regulation of the Legal Profession: American Bar Association
- Membership is voluntary; the ABA has no disciplinary authority.
Regulation of the Legal Profession: "Must" Rules
- The ABA Model Rules of Professional Conduct were established in 1983.
- These rules are mandatory; violations can lead to disciplinary action.
Discipline for Violation of "Must" Rules
- Consequences for violations can include:
- Reproval (censure or reprimand)
- Suspension (temporary prohibition from practicing law)
- Disbarment (permanent removal from the practice of law)
Reproval
- Involves public or private censure/reprimand.
- Considered a mild form of discipline.
Suspension
- Involves a finite period during which the lawyer cannot practice law.
- Lawyer’s name remains on firm materials like stationary and door during suspension.
Disbarment
- Represents permanent punishment; results in name removal from all firm materials.
Types of MPRE "Must" Questions
- Focus on obligations of lawyers, such as actions they are required or prohibited from taking.
Regulation of the Legal Profession: "Should" Rules
- Entail advisory and aspirational guidelines without repercussions for failure to adhere.
- Focus on ethical considerations, like suggested involvement in professional activities.
Types of MPRE "Should" Questions
- Explore the propriety and ethical considerations of lawyers' actions.
Regulation of the Legal Profession as a Judicial Exercise
- Authority rests with the State Supreme Court, which regulates attorneys, includes admission and discipline.
Moral Turpitude
- Defined as actions or conduct that are inherently bad and undesirable.
Good Moral Character
- Refers to qualities viewed positively in legal practitioners.
State Law and Professional Responsibility
- State laws complement the ABA Model Rules of Professional Conduct.
State Requirements for Admission to the Bar
- Supreme Court requires admission criteria to be rationally related to the practice of law.
Admission to the Bar: Rationally Related
- Requires graduating from an ABA accredited law school and taking an oath of allegiance.
- U.S. citizenship and state residency are not deemed necessary criteria.
Requirements on Person Applying to the Bar
- Candidates must provide truthful and complete disclosures for their applications.
- Cooperation during the application process is mandatory.
Requirement of Lawyers Regarding Bar Applicants
- Good applicants: lawyers should recommend them.
- Bad applicants: lawyers are mandated to report their unfitness.
Lawyer Discipline After Admission
- Managed by the state's highest court and its agencies.
Obligations to Report and Testify about Violations
- Lawyers must report known violations to the State Disciplinary Board.
- Reports are not jurisdiction-specific, and anonymous tips are not accepted.
- Lawyers must be available to provide testimony regarding violations.
Reporting Known Violations
- Known violations must be reported by sending a letter to the State Disciplinary Board with identification.
Reporting Suspected Violations
- Suspected violations may be reported at the discretion of the lawyer.
Unauthorized Practice of Law
- Activities requiring a law license include:
- Court appearances and depositions (except in specific settings).
- Drafting legal documents.
- Conducting settlements (with exceptions).
Activities Not Constituting the Practice of Law
- Filing papers with the court, interviewing witnesses (unless under oath), filling out forms do not require a law license.
Ways to Practice in Another Jurisdiction
- Associations with in-state lawyers, admission Pro Hac Vice, in-house counsel for a single client, mediation or arbitration tied to home state practice are permissible.
Fee Division with a Non-Lawyer
- Generally, lawyers cannot split fees with non-lawyers, with specific exceptions for payments.
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Description
Prepare for the MPRE exam with these flashcards focusing on the regulation of the legal profession and the ABA Model Rules of Professional Conduct. This quiz covers key concepts such as disciplinary authority and the consequences of violating
