Objective admission requirements
1) Age 18
2) Graduate accredited law school or apprenticeship
3) Pass bar (Ca: unlimited tries, no reciprocity, foreign attorneys can take test to be admitted to bar, or pro hac vice for limited period)
4) No citizenship requirements (unless you have an office in the state)
5) Admission to federal bar is separate
Subjective admissions requirements & grounds for disbarment
ABA
1) No knowingly false statement of material fact
2) Full disclosures to correct known misapprehensions
3) Reliance on right of nondisclosure requires disclosing that reliance
4) Criminal act or engage in conduct reflecting dishonesty, lack of trustworthiness, fraud deceit, misrepresentation (regardless of location of conduct)
5) Conduct prejudicial to administration of justice
CA
1) No references for unqualified applicants
2) Burden on applicant
3) Character: non-cooperative, dishonest, lack of candor, affirmative duty of full disclosure
4) Criminal conduct, moral turpitude, including juvenile/minor
5) Social conduct
6) Sexual conduct (prostitution)
7) Politics: beliefs contrary to oath, terrorist/militia
Oath and Duties
ABA
1) Member may not commit, assist, solicit, counsel, or induce any violation of the RPC or any law (if to refrain from such acts conflicts w/ethical duty of confidentiality, must resign)
CA
1) Never mislead judge or judicial officer by false statement of fact or law
2) Maintain confidences of client
3) Cooperate and participate in disciplinary proceeding
4) Respond promptly to client’s reasonable status inquiries & inform client of significant developments
5) Report to bar: non-discovery related sanctions, felony indictment, or filing of info, conviction of felony, conviction of practice-related misdemeanor
Purpose of rules
1) Determine fitness to practice law
2) No statute of limitations
Who may practice law
1) Active members of the state bar
2) Foreign attorneys admitted pro hac vice: judges approval, member of foreign bar in good standing, associate w/local counsel, cannot be used for regular employment
3) Registered foreign legal consultants
4) Certified law students
5) Judges of justice courts
6) Suspended and disbarred attorneys can only do clerical work
7) Pro se
8) Group legal service programs are protected by the 1st amendment, but must allow clients to choose outside counsel; groups can aid clients in finding counsel. Cannot have lay participation in management or ownership
Unauthorized practice of law
ABA
Attorney shall not practice where unlicensed, nor assist in unauthorized practice
CA
1) Active member of the bar
2) Practice includes: court appearance, drafting documents, securing legal rights, giving legal advice, settlement negotiations, assisting in unauthorized practice of law
3) Practicing CA law w/out CA license
4) Practicing any law w/o license in CA
5) Practicing in jurisdiction where not licensed
6) Doesn’t include customary & innocuous practices performed by attorney in state not licensed in
7) Client consent or knowledge irrelevant
8) Client’s remedy: doesn’t have to pay fee, but may owe in quantum merui
ercial speech (attorney’s name must be given)
2) False, misleading, confusing or deceptive communications prohibited
3) Omission of facts necessary to not mislead prohibited
4) No compensation for referrals, except for non-profit attorney referral service
5) Attorney can claim to be a specialist, but can’t claim certification unless certified by a named organization
6) Advertising involving coercion, duress, or harassment prohibited
CA
1) No communications may contain untrue statements, be false, deceptive, misleading, omit facts necessary not to mislead, fail to indicate advertisement is such, or is transferred in a manner that intrudes, coerces, compulses, intimidates, threatens, or harasses
2) Prohibited: guarantees, warranties, predictions, testimonials (unless disclaimer), dramatization (unless disclaimer), contingency offers (unless disclosure of liability of costs), foreign language services you can’t provide, ads by mail that don’t say “advertisement” on envelope, communication to potential client who can’ t exercise reasonable judgment, communication at scene of accident, en route to hospital, in hospital, private firm name indicating government agency or public/non-profit service organization
3) All advertisements must have name of attorney
