PR OUTLINE
DZIENKOWSKIBackground
· 60% vest regulation of Ls in state sup ct, 26% in legislature, and 15% have mixed jurisdiction.
· Federal system is run by cts, but they usually defer to the state bars.
· Ls have a right to have a hearing before the state sup ct if they don’t want to accept punishment from the bar.
· How do you get into a state bar?
1) Age requirement – has been upheld as constitutional
2) Examination
3) Education – 3 yrs; CA still has apprenticeship program and self-study
· ABA accredits law schools.
· Sup ct of state draws line at how many people will pass bar each year.
Citizenship, Residency & In-State Office Requirements
· In Re Griffiths – Sup Ct held resident aliens holding green cards can be Ls.
· Turn of century state bars imposed residency requirements to keep populous states from serving entire need of smaller states and to keep northerners from practicing in south during the winter.
· Sup Ct of New Hampshire v. Piper – No state can discriminate against non-residents (NR) unless it is a narrowly tailored rule. State argued:
4) NR wouldn’t stay familiar with state’s laws,
5) NR was less likely to behave ethically,
6) NR less likely to be available for ct proceedings, and
7) NR less likely to do pro bono work.
· Barnard v. Thorstenn (Virgin Islands case) – Sup Ct said states can charge NR more money, but money must be related to amount needed to manage people no within the state.
· Sup Ct of Virginia v Friedman – Sup CT struck down law requiring all NRs to take bar exam, even if went to law school in VA when didn’t require residents of VA to take bar exam.
· About the only way states can discriminate against NRs is through fees related to extra costs of out-of-state communication.
· Facial discrimination is usually struck down, while it is unclear of impact discrimination will be struck down.
· To see if law should be struck down, look at how much hardship is imposed on NRs.
· Hypos:
1) LA can require all Ls to spend 1 yr in LA studying LA law before becoming a bar member Þ isn’t
facially discriminatory because doesn’t mention a difference between NRs and residents.
2) State says all Ls must have an in-state office Þ DZ thinks a mailbox as an office wouldn’t be struck
down, but a full functioning office would be Þ is impact discrimination.
3) All Ls must have an in-state office, but a home will qualify as an office Þ would probably be struck down.
Character and Fitness
· Bars mainly look at tax and bankruptcy violations to determine future business behavior Þ can challenge law openly and won’t get into trouble.
· F
delay case?
2) Has ct disciplined L in past?
3) Was it a last minute motion to substitute counsel?
4) Has L been pro hac vice too many times in past?
· In pro hac vice cases, L should tell C that L isn’t a member of that state’s bar and tell C that only have one time only admission Þ should also tell C that it is easier for L to be thrown out of that ct.
· Is no pro hac vice analog for non-litigation work Þ best thing to do to avoid unauthorized practice of law (UPL) allegation is to have full association with local counsel and bill through local counsel for work done out of state.
· Ranta v. McCarney – Ct allowed MN L to get fee for any tax work done in MN, but couldn’t get fee for any work physically done in ND.
· Lozoff v. Shore Heights, Ltd. – not getting paid is a risk with small firms with small clients Þ big firms with big clients not a problem usually.
Federal Practice
Have pro hac vice and regular admission which requires L to get admission to a bar over which the fed ct has jurisdiction Þ ex. US Sup Ct allows any state bar member to come before it.
