MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
1. Intro- Does the
ABA Model Rules No, it has no disciplinary authority and membership is voluntary,
of but states base their Rules of Professional Conduct on the Model
Professional Rules and the Model Rules control on the MPRE.
Conduct (RPC) have
discipli- nary
authority?
2. Intro- Define "must" "Must" rules are mandatory (violating lawyer is subject to
rules," "should
rules," and
comments. discipline) "Should" rules are advisory (no punishment for
violation) Comments explain the Model Rules
3. The ultimate power to highest court in the state.
regulate the legal pro-
fession lies with the
4. ABA Model Rules
and Judicial Code every state has professional ethics rules that govern the conduct of
as sources of lawyers, and nearly every state has adopted some version of the
regulation ABA Model Rules of Professional Conduct. Most states have also
adopted some version of the ABA Model Code of Judicial Conduct.
5. Case law as a
source of every state has case law concerning the rights and duties of
regulation lawyers. For example, the case law of a state may limit a lawyer's
ability to enforce a fee contract after being fired by the client.
6. Rules of court as a
source of State courts typically have rules of court with which lawyers must
regulation comply.
For
example, a rule of court may govern the lawyer's obligation to
7. Bar Associations as represent an indigent client at the court's request.
sources of
regulation State bar associations are groups of lawyers in the state. Most
have an "integrated" bar system, meaning that every lawyer
who is
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
admitted to practice in the state
must be a member of the state
bar associ-
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
ation.
Common functions of a state bar association: to administer the
state's bar examination; to
provide continuing education programs for practicing lawyers; and
to assist the state
courts in regulating and imposing professional discipline on
lawyers.
8. Congress and
State Legislatures' Congress and the states have enacted statutes that govern some
role in regulation
aspects of the practice of
9. Federal Courts as law.
a source of
regulation Each federal court has its own bar and a lawyer cannot practice before
a particular court without first becoming a member of its bar.
Practicing in a federal court or agency requires lawyers to abide by
10. Fed Govt- Govern-
ment Attorneys federal statutes, federal case law, and the rules of that court or
agency.
An attorney for the federal government is subject to state laws and
11. Regulation by rules (as well
Multi- ple States as local federal court rules) governing attorneys in each state in which
the attorney
engages in her duties.
A lawyer is subject to regulation by each state in which the lawyer is
admitted to practice, regardless of where the lawyer actually practices
law or where the lawyer's conduct occurred.
[ABA Model Rule 8.5] If the rules of the states in which the lawyer is
admitted are in conflict, choice of law rules apply
12. When applying for the respond truthfully and completely to inquiries
bar, an applicant must made on the application or otherwise by the admissions
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
committee.
13.
1. Intro- Does the
ABA Model Rules No, it has no disciplinary authority and membership is voluntary,
of but states base their Rules of Professional Conduct on the Model
Professional Rules and the Model Rules control on the MPRE.
Conduct (RPC) have
discipli- nary
authority?
2. Intro- Define "must" "Must" rules are mandatory (violating lawyer is subject to
rules," "should
rules," and
comments. discipline) "Should" rules are advisory (no punishment for
violation) Comments explain the Model Rules
3. The ultimate power to highest court in the state.
regulate the legal pro-
fession lies with the
4. ABA Model Rules
and Judicial Code every state has professional ethics rules that govern the conduct of
as sources of lawyers, and nearly every state has adopted some version of the
regulation ABA Model Rules of Professional Conduct. Most states have also
adopted some version of the ABA Model Code of Judicial Conduct.
5. Case law as a
source of every state has case law concerning the rights and duties of
regulation lawyers. For example, the case law of a state may limit a lawyer's
ability to enforce a fee contract after being fired by the client.
6. Rules of court as a
source of State courts typically have rules of court with which lawyers must
regulation comply.
For
example, a rule of court may govern the lawyer's obligation to
7. Bar Associations as represent an indigent client at the court's request.
sources of
regulation State bar associations are groups of lawyers in the state. Most
have an "integrated" bar system, meaning that every lawyer
who is
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
admitted to practice in the state
must be a member of the state
bar associ-
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
ation.
Common functions of a state bar association: to administer the
state's bar examination; to
provide continuing education programs for practicing lawyers; and
to assist the state
courts in regulating and imposing professional discipline on
lawyers.
8. Congress and
State Legislatures' Congress and the states have enacted statutes that govern some
role in regulation
aspects of the practice of
9. Federal Courts as law.
a source of
regulation Each federal court has its own bar and a lawyer cannot practice before
a particular court without first becoming a member of its bar.
Practicing in a federal court or agency requires lawyers to abide by
10. Fed Govt- Govern-
ment Attorneys federal statutes, federal case law, and the rules of that court or
agency.
An attorney for the federal government is subject to state laws and
11. Regulation by rules (as well
Multi- ple States as local federal court rules) governing attorneys in each state in which
the attorney
engages in her duties.
A lawyer is subject to regulation by each state in which the lawyer is
admitted to practice, regardless of where the lawyer actually practices
law or where the lawyer's conduct occurred.
[ABA Model Rule 8.5] If the rules of the states in which the lawyer is
admitted are in conflict, choice of law rules apply
12. When applying for the respond truthfully and completely to inquiries
bar, an applicant must made on the application or otherwise by the admissions
, MPRE- REGULATION OF THE LEGAL PROFESSION STUDY TEST.
committee.
13.
