MODULE I: REGULATION OF THE LEGAL PROFESSION -
Admission Requirements to the Bar: -Must be rationally related to the practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
Requirements That Are NOT Rationally Related
1. Citiz...
MPRE (2022) ALREADY PASSED
MODULE I: REGULATION OF THE LEGAL PROFESSION -✔✔
Admission Requirements to the Bar: -✔✔Must be rationally related to the practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
Requirements That Are NOT Rationally Related
1. Citizenship
2. Residency
When making and application to the bar, a candidate: -✔✔1. Cannot knowingly make false
statements of material fact
2. Must respond to all requests for information
3. Must correct any misapprehensions
But NOT required to disclose confidential information
MISCONDUCT that may result in rejection of admission to the bar must: -✔✔involve moral turpitude,
e.g.:
1. Crimes involving intentional dishonesty
2. Crimes of violence
Lying always involves moral turpitude even if it does not constitute a crime
,What Constitutes Professional Misconduct -✔✔1. Violating or attempting to violate RPC, knowingly
assisting or inducing another person to violate the RPC, or using the acts of another to commit a
violation
2. Committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a
lawyer
3. Any conduct involving dishonesty, fraud, deceit, or misrepresentation -- need not rise to the level
of a crime or be related to practice of law
4. Engaging in conduct that is prejudicial to the administration of justice (e.g. falsifying evidence,
improper delay tactics, frivolous claims)
5. Stating or implying ability to improperly influence government agency/official
6. Engaging in conduct that is harassment or discrimination -- RELATED to the practice of law
Duty to Report Professional Misconduct -✔✔Mandatory: Violation raises substantial question as to
lawyer's honesty, trustworthiness, or fitness to practice.
NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting:
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Professional Misconduct IS Mandatory -✔✔Violation raises substantial question as
to lawyer's honesty, trustworthiness, or fitness to practice.
When Reporting Profession Misconduct Is NOT Mandatory -✔✔1. Question raised was not
substantial
,2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting: -✔✔1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (e.g., substance abuse programs)
Disciplinary Authority -✔✔1. Any state where lawyer is admitted has power to discipline
2. Any state where lawyer provided or offered services
Unauthorized Practice of Law -✔✔Unauthorized practice is practicing without a license
Subject to discipline for (1) engaging in unauthorized practice or (2) assisting someone else in
unauthorized practice
May of course delegate tasks to nonlawyer assistants, but must supervise the delegated work
carefully and must be ultimately responsible for the results
Practice of Law -✔✔1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
NOT the Practice of Law -✔✔1. Interviewing people
2. Filling in forms
3. Preparing tax returns
, 4. Appearing pro se
Methods of TEMPORARY Out-of-State Practice (MR. AP) -✔✔1. Mediation or arbitration -- may
mediate/arbitrate if arises out of, or is reasonably related to, practice in state in which she is
admitted
2. Matter reasonably related to home state practice
3. Associate with locally licensed attorney -- must actively participate in the matter
4. Admission pro hac vice (for this matter only)
Methods of PERMANENT Out-of-State Practice (IGF) -✔✔1. In-house counsel and government lawyer
can engage in non-litigation practice across state lines
2. Lawyers in certain restricted fields are specifically authorized by law to practice in other states
Responsbilities of Partners, Managers, and Supervisory Lawyers -✔✔Duty to Prevent Ethical
Violations
1. Partners and managers must take reasonable measures to ensure compliance with RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to nonlawyers
working on client matters (both inside and outside the firm)
Duty of Supervisors/Partners to Prevent Ethical Violations -✔✔Partners and managers must take
reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Jessypeace. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.49. You're not tied to anything after your purchase.
