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Ethical Lawyering
University of Toledo School of Law
Martyn, Susan R.

ETHICAL LAWYERING
 
Varieties of conduct
a.    Subject to discipline
b.    May or proper
c.    Subject to litigation sanction
i.      Conflict of interest
ii.    Rule 11
d.    Subject to disqualification
e.    Subject to civil liability
i.      Malpractice
ii.    Different from professional misconduct
f.      Subject to criminal liability
i.      Destroying evidence
ii.    Tax fraud
g.    Model rules
i.      (must)
ii.    with comments that are non-binding
1.    there are “should” rules in the comments
h.    types of discipline
i.      light
1.    reproval
2.    censure,
3.    reprimand
ii.    suspension
1.    can’t practice for a finite period of time
iii.   disbarrment
1.    they take away the ticket
2.    if someone is disbarred, their name needs to come off the letterhead
iv. readmission
1.    can seek readmission
2.    Who regulates of legal profession
a.    Courts regulate legal profession
b.    Regulations must be rational to accomplish the purpose that they are seeking to accomplish
i.      Can make you graduate from a accredited law school
c.    Qualifications
i.      Don’t need to be US citizen
ii.    Don’t need to be a Resident in the particular state
iii.   Character and fitness
1.    Can’t deny based on membership in communist part
d.    Jurisdictional boundaries
i.      Being admitted in one state doesn’t give one the ability to practice in another
ii.    In the federal court (SDNY) – must be separately admitted to practice in the federal court
e.    Must make a motion before a federal court judge
3.    Unauthorized practice of law
a.    Tasks that are proper for a clerk to perform
i.      Interview witnesses
ii.    Fill in blank forms
1.    Form real estate contracts
iii.   Write memos of law
iv. Clerk must be properly supervised
v.    If the lawyer doesn’t supervise the clerk, the

ty to report the rehabilitation
e.    Duty to report
i.      There is now an obligation to tell on each other
ii.    Young lawyers have a duty to report
1.    Himmel: Lawyer didn’t report the violation of another attorney, the one who knew about it and didn’t make the report
iii.   Duty to report judges for code of judicial conduct
f.      Duty of confidentiality will override duty to report
i.      Professional responsibility lawyers are bound by confidentiality
g.    Duty of confidentiality does not extend to not recommending someone
i.      E. g. someone who knows someone is unfit (but in a confidential way) one can’t go out and affirmatively lie
h.    There is no statute limitations of misconduct
i.      Attorneys can verify misconduct