Examination –Complete Study Guide and Practice Questions
MODULE I: REGULATION OF THE LEGAL PROFESSION - correct answer ✔✔
Admission Requirements to the Bar: - correct answer ✔✔ Must be rationally related to the
practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
Requirements That Are NOT Rationally Related
1. Citizenship
2. Residency
When making and application to the bar, a candidate: - correct answer ✔✔ 1. Cannot knowingly
make false statements of material fact
2. Must respond to all requests for information
3. Must correct any misapprehensions
But NOT required to disclose confidential information
MISCONDUCT that may result in rejection of admission to the bar must: - correct answer ✔✔
involve moral turpitude, e.g.:
1. Crimes involving intentional dishonesty
,2. Crimes of violence
Lying always involves moral turpitude even if it does not constitute a crime
What Constitutes Professional Misconduct - correct answer ✔✔ 1. Violating or attempting to
violate RPC, knowingly assisting or inducing another person to violate the RPC, or using the acts
of another to commit a violation
2. Committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as
a lawyer
3. Any conduct involving dishonesty, fraud, deceit, or misrepresentation -- need not rise to the
level of a crime or be related to practice of law
4. Engaging in conduct that is prejudicial to the administration of justice (e.g. falsifying evidence,
improper delay tactics, frivolous claims)
5. Stating or implying ability to improperly influence government agency/official
6. Engaging in conduct that is harassment or discrimination -- RELATED to the practice of law
Duty to Report Professional Misconduct - correct answer ✔✔ Mandatory: Violation raises
substantial question as to lawyer's honesty, trustworthiness, or fitness to practice.
NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
,EXCEPTIONS to Mandatory Reporting:
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Professional Misconduct IS Mandatory - correct answer ✔✔ Violation raises
substantial question as to lawyer's honesty, trustworthiness, or fitness to practice.
When Reporting Profession Misconduct Is NOT Mandatory - correct answer ✔✔ 1. Question
raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting: - correct answer ✔✔ 1. Violation of duty of
confidentiality to a client
2. Learned of violation in lawyer's assistance program (e.g., substance abuse programs)
Disciplinary Authority - correct answer ✔✔ 1. Any state where lawyer is admitted has power to
discipline
2. Any state where lawyer provided or offered services
Unauthorized Practice of Law - correct answer ✔✔ Unauthorized practice is practicing without a
license
Subject to discipline for (1) engaging in unauthorized practice or (2) assisting someone else in
unauthorized practice
, May of course delegate tasks to nonlawyer assistants, but must supervise the delegated work
carefully and must be ultimately responsible for the results
Practice of Law - correct answer ✔✔ 1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
NOT the Practice of Law - correct answer ✔✔ 1. Interviewing people
2. Filling in forms
3. Preparing tax returns
4. Appearing pro se
Methods of TEMPORARY Out-of-State Practice (MR. AP) - correct answer ✔✔ 1. Mediation or
arbitration -- may mediate/arbitrate if arises out of, or is reasonably related to, practice in state
in which she is admitted
2. Matter reasonably related to home state practice
3. Associate with locally licensed attorney -- must actively participate in the matter