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Ethical Lawyering
University of Toledo School of Law
Pizzimenti, Lee Ann

ETHICS –  PROFESSOR PIZZIMENTI
 
Ethical Theories:
Rights based
Focus on the act
Consequentialism
Focus on consequences
Relational
Focus on impact of the rules on family and society
Major Ethical Issues:
Competence (communications with client)
Confidence
Loyalty
Duty to system (officer of the court)
 
Admission/Discipline:
Admission to become a member of the bar & Discipline:
Requirements for bar membership
Education – ABA approved law school
Bar exam – must pass (or waive in from another state)
Oath
Additional requirements in federal courts
Character & Fitness
Burden: is on the aspiring lawyer to show they meet the character and fitness required
Standard: Whether someone is a good practice risk: Honestly; respect for law; ability to conduct oneself professionally at the time of admission
Problematic behavior:
Criminal record
Academic misconduct
Neglect of professional or financial obligation
Failing to respond to questions on the Bar application
Immoral character
Under ADA – bar must make reasonable accommodations. Also – disability can be used as a mitigating factor in discipline.
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:
Knowingly make a false statement of material fact; or
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 admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6. 
Licensed lawyers may not assist in admission of an unqualified applicant
Pro hac vice “For this turn only”- MI atty that can represent client who got in car accident in OH
Should grant unless legitimate state interest
No due process right to pro haec vice
Do have due process rights if pro hac vice is revoked
Discipline:
Controlled by the supreme court of the state
Process:
Complaint – anyone can file a complaint
Hearing:
Complaint is made public
Standard: Quasi criminal – more than a civil malpractice case
Burden on the bar to show by clear and convincing evidence
Appeals process varies state to state (either appellate court or state bar) – ultimately state supreme court
Sanctions:
Private reprimand
Public reprimand or censure – name printed in case and bar journal
 Suspension
Disbar
Supreme court can require

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Who is Responsible for the Misconduct?
5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers:
Firm and supervisory attorneys shall make a reasonable effort that all the associates in the firm (or under supervisory attorney) conform to the rules OR CAN BE LIABLE
5.2 Responsibilities of Subordinate Lawyer:
Makes subordinate lawyer liable for obeying unethical orders (if it is questionable can defer to order)
5.3 Responsibilities Regarding Non-Lawyer Assistants:
Similar to supervising attorneys – young associates have a responsibility that non lawyer assistants follow the code. Can be responsible as the attorney.
8.5 Disciplinary authority – choice of law:
Disciplined Authority:
If permitted to practice in a state, you are subject to discipline in that state
Also, can be disciplined if act like a lawyer, in a certain state, by that state
Choice of law:
If in front of a tribunal – apply the rules of the tribunal
Otherwise – look where conduct occurred or where the harm has taken place