MPRE Exam (Correct Answers)
Regulation of the Legal Profession: American Bar Association Correct AnswersNo disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules Correct AnswersABA Model Rules of Professional Conduct (1983)
Mandatory Rules
Violations ...
MPRE Exam (Correct Answers)
Regulation of the Legal Profession: American Bar Association Correct AnswersNo
disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules Correct AnswersABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules Correct Answers1. Reproval
2. Suspension
3. Disbarment
Reproval Correct AnswersCensure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension Correct AnswersProhibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment Correct AnswersPermenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) Correct AnswersThe
lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules Correct AnswersAdvisory,
Aspirational, Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) Correct AnswersIt
would not be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise Correct Answers"Judicial"
--- Therefore the State Supreme Court is the ultimate authority (within the context of the
Federal System) with the power to regulate attorneys, admit them to the practice, and
discipline them.
Moral Turpitude Correct AnswersBad thing
We do not want
Good Moral Character Correct AnswersGood Thing
State Law and Professional Responsibility Correct AnswersState laws supplement the
ABA Model Rules of professional conduct
Moral Terpitude Correct AnswersBad thing
We do not want it
Good Moral Character Correct AnswersGood thing
, State Requirments for admission to the Bar Correct AnswersSupreme Court says they
must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related Correct Answersa) graduate from ABA
accredited law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar Correct Answers1. Truth and fair
disclosure - provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants Correct
Answers1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Lawyer Discipline After Admission Correct AnswersRegulated by the highest court in
the state, and agency thereof
Obligations to Report and Testify about Violations Correct Answers1. You MUST rat on
your lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... Correct Answers...send a letter to the
state disciplinary Board with your name on it
If you SUSPECT a violation has occured you... Correct AnswersMAY report it.
Unaithorized Practice of Law: Activity requiring a law license Correct AnswersThis
constitutes the practice of law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
Unauthorized Practice of Law: Acitivity which does NOT require a license Correct
AnswersThis does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ways to Practice in another jurisdiction Correct Answers1. Associate with an in-state
lawyer
2. Get admitted Pro Hac Vice ("for this matter only")
3. If you are employed by only one client (as in-house counsel)
4. Mediation or Arbitration arising out of home state practice
5. Anything reasonably related to your home state practice
Fee Division with a Non-Lawyer Correct AnswersNO splitting fees with non-lawyers;
except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more or less a
donation)
Generally, defining a "firm" Correct AnswersAs a general rule, sharing space is NOT a
firm but sharing information usualy is
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