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Exam (elaborations)

MPRE (THEMIS) Exam Questions with Complete Solutions

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What are the 2 forms of discipline of an attorney? - Answer-1. Censure (somebody yells at you. May occur privately by the disciplinary authority or publicly by Supreme court) 2. Disbarment - The loss of license to practice law. (includes long-term suspension) What kinds of non-disciplinary sanctions may a lawyer face? - Answer-1. Disqualification - thrown out of representation of a particular client 2. Civil liability - Usually, malpractice 3. Criminal liability Define Tribunal - Answer-Any place that can issue a binding legal judgement. (not just courts) What is considered a "law firm"? - Answer-Includes corporate law offices, insurance company law offices, district attorneys office, public defender office. No factor is dis-positive, but office sharing, sharing fees may be considered. Only authorized entities may practice law. Do "writings" have to be hard copy? What is required for "informed consent"? - Answer-Writing can be electronic. Informed consent requires adequate disclosure and consent. Confirmed in writing. Consent may sometimes be oral. Who regulates attorney's? Chapter 2: Regulation of the legal profession - Answer-State supreme courts and Federal district courts. ABA model rules are just a model. Very few states have adopted the ABA rules completely What are the requirements of admission to the bar? - Answer-1. Education - Graduation from an ABA accredited law school. 2. Character & Fitness - Disqualifying crimes involve truth telling (perjury, bribery, fraud) 3. No residency requirement

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