MPRE Verified Exam With A complete Solution
U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law.
What is rationally related?
What is NOT rational? - Graduation from an ABA accredited law school (Not required though)
Refusal to take an oath to uphold US/State constitution.
Not Rational:
US Citizenship
Residency
Lawyer self regulation.
What MUST you do when you know of a violation? (2) - Must report what you know unless protected under secret or
confidence.
Must be available to testify against that lawyer (no anonymous tips).
Does committing a crime by itself warrant discipline? - Not unless the crime is relevant to the practice of law (a one time
DUI is not enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline, even if the lawyer is not active in the
practice of law.
No statute of limitations
Supervisor responsible for acts of subordinate if: - The supervisor knew of misconduct at a time when consequences can be
avoided or mitigated and the lawyer didn't do anything about it and the lawyer fails to take reasonable remedial action.
OR
,if the violation raises a substantial question of character and the supervisor either ordered or ratified the conduct.
If you're a subordinate, you're not responsible for your acts if: - 1) you were told to do it
2) its at least arguable that what you did you thought was okay to do.
Unauthorized practice of law; The following activities require a license (and constitute the "practice of law").
What activities don't need a license? - 1) appearing in court or depositions
2) drafting legal documents that affect substantial client rights (ok if lawyer signs off)
3) Negotiate settlements
These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
Fee division with a non lawyer, General Rule? - General Rule: Don't do it
Exceptions:
1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or bonus plans
Also: Lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended
employment of the lawyer in the matter.
The law firm and other forms of practice - Lawyers must not imply that they are partners or otherwise associated with each
other in a law firm unless they really are. As to the public, the law firm includes lawyers who frequently consult, work
jointly, and have access to each other's files.
Who can be partners in a law firm? - Only lawyer can be partners, or officers if we're dealing with a corporation, if any part
of the partnership business is the practice of law.
, Except: Shareholders and it's only temporary by operation of law.
Relationship of the Dual Profession Lawyer with Non-Lawyers - * Dual Professions: It's okay
BUT, you can't you your dual to solicit legal business.
Attorney/client privilege does not apply in the dual profession.
Law related services - OK to provide services reasonably performed in conjunction with and related to legal services
Note: Non-legal and legal provided together: the rules apply to both.
Non-legal services provided by entity controlled by the lawyer - Lawyer must assure that client knows of their interest and
that it is not legal services. Failure to do so will mean: the rules apply to everything.
Restrictions on the right to practice - Generally: Can't do it
Exceptions:
1) Retirement
2) To settle a claim between firm and attorney
Lawyer's ability to reject cases - Generally: Lawyer's have general freedom to reject cases.
Exceptions:
Lawyer SHOULD take clients who are "Defenseless or oppressed."
Lawyers SHOULD do their "Fair share" of pro bono (50 hours per year recommended).
Appointments - Lawyer MUST take those cases, Except:
U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law.
What is rationally related?
What is NOT rational? - Graduation from an ABA accredited law school (Not required though)
Refusal to take an oath to uphold US/State constitution.
Not Rational:
US Citizenship
Residency
Lawyer self regulation.
What MUST you do when you know of a violation? (2) - Must report what you know unless protected under secret or
confidence.
Must be available to testify against that lawyer (no anonymous tips).
Does committing a crime by itself warrant discipline? - Not unless the crime is relevant to the practice of law (a one time
DUI is not enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline, even if the lawyer is not active in the
practice of law.
No statute of limitations
Supervisor responsible for acts of subordinate if: - The supervisor knew of misconduct at a time when consequences can be
avoided or mitigated and the lawyer didn't do anything about it and the lawyer fails to take reasonable remedial action.
OR
,if the violation raises a substantial question of character and the supervisor either ordered or ratified the conduct.
If you're a subordinate, you're not responsible for your acts if: - 1) you were told to do it
2) its at least arguable that what you did you thought was okay to do.
Unauthorized practice of law; The following activities require a license (and constitute the "practice of law").
What activities don't need a license? - 1) appearing in court or depositions
2) drafting legal documents that affect substantial client rights (ok if lawyer signs off)
3) Negotiate settlements
These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
Fee division with a non lawyer, General Rule? - General Rule: Don't do it
Exceptions:
1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or bonus plans
Also: Lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended
employment of the lawyer in the matter.
The law firm and other forms of practice - Lawyers must not imply that they are partners or otherwise associated with each
other in a law firm unless they really are. As to the public, the law firm includes lawyers who frequently consult, work
jointly, and have access to each other's files.
Who can be partners in a law firm? - Only lawyer can be partners, or officers if we're dealing with a corporation, if any part
of the partnership business is the practice of law.
, Except: Shareholders and it's only temporary by operation of law.
Relationship of the Dual Profession Lawyer with Non-Lawyers - * Dual Professions: It's okay
BUT, you can't you your dual to solicit legal business.
Attorney/client privilege does not apply in the dual profession.
Law related services - OK to provide services reasonably performed in conjunction with and related to legal services
Note: Non-legal and legal provided together: the rules apply to both.
Non-legal services provided by entity controlled by the lawyer - Lawyer must assure that client knows of their interest and
that it is not legal services. Failure to do so will mean: the rules apply to everything.
Restrictions on the right to practice - Generally: Can't do it
Exceptions:
1) Retirement
2) To settle a claim between firm and attorney
Lawyer's ability to reject cases - Generally: Lawyer's have general freedom to reject cases.
Exceptions:
Lawyer SHOULD take clients who are "Defenseless or oppressed."
Lawyers SHOULD do their "Fair share" of pro bono (50 hours per year recommended).
Appointments - Lawyer MUST take those cases, Except:
