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Summary MPRE questions and answers rated A
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MPRE questions and answers rated A
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MPRE questions and answers rated AU.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law.
What is rationally related?
What is NOT rational? - Graduation from an ABA accredited law school (Not required though)
Refusal to take an oath to uphold US/State constitution.
Not Rational:
US Citizenship
Residency
Lawyer self regulation.
What MUST you do when you know of a violation? (2) - Must report what you know unless protected under secret or confidence.
Must be available to testify against that lawyer (no anonymous tips). MPRE questions and answers rated A
Does committing a crime by itself warrant discipline? - Not unless the crime is relevant to the practice of law (a one time DUI is not enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline, even if the lawyer is not active in the practice of law.
No statute of limitations
Supervisor responsible for acts of subordinate if: - The supervisor knew of misconduct at a time when consequences can be avoided or mitigated and the lawyer didn't do anything about it and the lawyer fails to take reasonable remedial
action.
OR
if the violation raises a substantial question of character and the supervisor either ordered or ratified the conduct.
If you're a subordinate, you're not responsible for your acts if: - 1) you were told to do it
2) its at least arguable that what you did you thought was okay to do. MPRE questions and answers rated A
Unauthorized practice of law; The following activities require a license (and constitute the "practice of law"). What activities don't need a license? - 1) appearing in court or depositions
2) drafting legal documents that affect substantial client rights (ok if lawyer signs off)
3) Negotiate settlements
These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
Fee division with a non lawyer, General Rule? - General Rule: Don't do it
Exceptions:
1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or bonus plans MPRE questions and answers rated A
Also: Lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.
The law firm and other forms of practice - Lawyers must not imply that they are partners or otherwise associated with each other in a law firm unless they really are. As to the public, the law firm includes lawyers who frequently consult, work jointly, and have access to each other's files.
Who can be partners in a law firm? - Only lawyer can be partners, or officers if we're dealing with a corporation, if any part of the partnership business is the practice of law.
Except: Shareholders and it's only temporary by operation of law.
Relationship of the Dual Profession Lawyer with Non-Lawyers - * Dual Professions:
It's okay
BUT, you can't you your dual to solicit legal business. Attorney/client privilege does not apply in the dual profession.
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