Regulation of the Legal Profession: American Bar Association - ANS > No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - ANS > ABA Model Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
...
MPRE Exam Detailed Questions & Correct
Answers
Regulation of the Legal Profession: American Bar Association - ANS > No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - ANS > ABA Model Rules of Professional Conduct
(1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - ANS > 1. Reproval
2. Suspension
3. Disbarment
Reproval - ANS > Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - ANS > Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - ANS > Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - ANS > The lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
,Regulation of the Legal Profession: "Should" Rules - ANS > Advisory, 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) - ANS > It 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 - ANS > "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 - ANS > Bad thing
We do not want
Good Moral Character - ANS > Good Thing
State Law and Professional Responsibility - ANS > State laws supplement the ABA Model Rules of
professional conduct
Moral Terpitude - ANS > Bad thing
We do not want it
Good Moral Character - ANS > Good thing
State Requirments for admission to the Bar - ANS > Supreme Court says they must be RATIONALLY
RELATED to the practice of law
, Admission to the Bar: Rationally Related - ANS > a) 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 - ANS > 1. 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 - ANS > 1. 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 - ANS > Regulated by the highest court in the state, and agency
thereof
Obligations to Report and Testify about Violations - ANS > 1. 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... - ANS > ...send a letter to the state disciplinary Board
with your name on it
If you SUSPECT a violation has occured you... - ANS > MAY report it.
Unaithorized Practice of Law: Activity requiring a law license - ANS > This constitutes the practice of
law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
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 Victoria108. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.49. You're not tied to anything after your purchase.
