Professional Responsibility Outline
Chapter 2. The legal profession and the practice of law
A. Admission to practice
Rule 8.1 Bar Admission And Disciplinary Matters
An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.
a. Policy- state has a need to protect the public from those who are incompetent or who lack integrity
b. General requirements
1. ABA accreditation- all but a few require
2. State-accredited- a few allow non aba
3. Reading of the law- few states allow as a substitute for law school graduation
1. Bar exam
iii. Good character
1. Form of character inquiry- state require the completion of questionnaires from applicants and, in some states, recommendations
2. Central character issue- does this individual have the good character necessary to the practice of law?
3. Wide range of past conduct considered- although, questions asked must bear a relationship to the purpose of the inquiry, the applicants fitness for the practice of law.
4. Crimes involving very bad moral behavior- can alone amount to denial to bar
iv. Misconduct in the application process-
1. material false statement- may not make any material false statement and must not fail to disclose a fact necessary to correct misapprehension known by the applicant to have arisen in the matter.8.1
2. frequency- cases of denied application based on misrepresentation in the application process outnumber cases of denied applications based on prior misconduct
B. Unauthorized practice
Rule 5.5 Unauthorized Practice Of Law
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.
(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another ju
ii. Multijurisdictional practice-due to today’s world, trying to relax. Rule 5.5
1. Admission pro hac vice- when a lawyer is licensed to practice in one state has an occasional, nonrecurring need to represent a client before the courts of another state, the lawyer request admission pro hav vice.
iii. Practice by the unlicensed- Professionals and others whose business borders the law may not engage in the legal work that borders their other professional duties. Real estate agents, bankers, and insurance professionals are the usual suspects.
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or