MPRE Exam Flashcards - Legal Profession

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.