Academic Year 2026 – Comprehensive Study Guide and
Practice Questions
Who regulates lawyers? - correct answer ✔✔ State's highest court (primary), ABA, legislature
Who adopts the state's ethical rules? - correct answer ✔✔ State's highest court
Who is the burden on to prove an applicant to a state's bar has good moral character? - correct
answer ✔✔ The applicant
What are examples of requirements for lawyers that have been struck down as not rational? -
correct answer ✔✔ (1) citizenship and (2) residency
What constitutes misconduct? - correct answer ✔✔ Violating, or attempting to violate the rules,
or assisting others to violate the rules.
What does it mean to do something prejudicial to the judicial process? - correct answer ✔✔ Get
in the way of the work of the courts.
Why is there a duty to report misconduct of another lawyer? - correct answer ✔✔ The legal
system is a self-regulating profession.
When is mandatory to report a violation of the rules committed by another lawyer? - correct
answer ✔✔ When you KNOW of behavior that raises a substantial question as to lawyer's
honesty, trustworthiness or fitness to practice
,What exceptions are there to the duty to report? - correct answer ✔✔ (1) violation of attorney-
client confidentiality or (2) if learned as part of a lawyer's helping lawyer's program
T/F: Appearing at judicial proceeding is an activity of the practice of law. - correct answer ✔✔
True
T/F: Drafting documents is an activity of the practice of law. - correct answer ✔✔ True
T/F: Negotiating settlements is an activity of the practice of law. - correct answer ✔✔ True
T/F: Giving legal advice to clients is an activity of the practice of law. - correct answer ✔✔ True
T/F: Interviewing people is an activity of the practice of law. - correct answer ✔✔ False
T/F: Filling in forms is an activity of the practice of law. - correct answer ✔✔ False
T/F: Preparing tax returns is an activity of the practice of law. - correct answer ✔✔ False
Is appearing pro se unauthorized practice of law? - correct answer ✔✔ No.
Can you be disciplined for unauthorized practice of law if you help someone represented pro
se? - correct answer ✔✔ No. Pro se representation is not the unauthorized practice of law.
Which of these is NOT a method for out-of-state practice: (1) associate with a locally licensed
attorney OR (2) register for a temporary practice license with the local bar OR (3) Limit practice
to mediation or arbitration - correct answer ✔✔ (2) Register for a temporary practice license
with the local bar.
,Which of these is NOT a method for out-of-state practice: (1) Limit practice to matters
reasonably related to your home state practice OR (2) gain admission pro hac vice OR (3) only
practice in adjacent states. - correct answer ✔✔ (3) Only practice in adjacent states.
What's a supervisory lawyer's responsibility when they're supervising someone who violates the
rules? - correct answer ✔✔ Duty to prevent ethical violations by making reasonable efforts to
ensure subordinates comply with RPC
What's a partner lawyer or manager's responsibility when they're supervising someone who
violates the rules? - correct answer ✔✔ Duty to prevent ethical violations by implementing
measures to ensure compliance with RPC (i.e. conflict checks system)
Can a partner or supervisor be held vicariously responsible for a subordinate's violation? -
correct answer ✔✔ Yes. If they know of the violation and do not take action to remedy OR they
ratirfy/order the violation.
If you violate a rule on the orders of a supervisor, are you liable? - correct answer ✔✔ Yes,
unless action was a reasonable resolution of an arguable question of ethical conduct.
Can a lawyer form a partnership with a non-lawyer in a practice that provides legal services? -
correct answer ✔✔ No. Violates rule of professional independence.
Can a non-lawyer control an ownership interest in a firm? - correct answer ✔✔ No. Violates rule
of professional independence.
When can you split a fee with a non-lawyer? - correct answer ✔✔ (1) death benefits to lawyers
estate (2) funds to purchase practice from deceased, disabled, disappeared lawyer (3) bonus
plans and regular salaries (4) court-awarded legal fees to nonprofit that retained or
recommended law firm
, Can a law firm create an employment agreement that restricts an employee's right to practice
law? - correct answer ✔✔ No. Violates rules against restrictions on right to practice law.
True/False: The partners and managers in a law firm have to make reasonable efforts to assure
that the conduct of non-lawyers who are associated with the firm is compatible with the
obligations of the profession. - correct answer ✔✔ True.
Arie, a tax attorney, meets with client Chloe to prepare her taxes and provide legal advice. Arie
makes a serious error on the tax return, resulting in a costly audit.
Could Arie be subject to discipline for incompetently completing Chloe's tax return? - correct
answer ✔✔ Yes, because if a lawyer provides nonlegal services in circumstances that aren't
distinct from the provision of legal services, then the rules of professional conduct apply to both
the legal and nonlegal services.
Abby is licensed to practice in State A but received "pro hac vice" permission from State B to
represent a client in a lawsuit in State B court. During the State B litigation, Abby does
something that violates the rules of professional conduct of State B. However, the action is
permitted under State A's rules. State B's choice of law rule follows the ABA model rule.
Which state's rule will apply to Abby's conduct? - correct answer ✔✔ State B, because that is
where the litigation took place
Beth, an entertainment lawyer, forms a partnership with Jeff, a nonlawyer talent agent. The
partnership's purpose is to provide clients with a "one stop shop" for their needs. Beth provided
legal services on one side of the office, and Jeff worked as a talent agent on the other side of
the office. Jeff never did any legal work, and Beth made sure to warn all clients that the
protections of the attorney-client relationship did not apply to their dealings with Jeff.
Is Beth subject to discipline? - correct answer ✔✔ Yes. A lawyer must not form a partnership
with a nonlawyer if any part of the partnership activities will constitute the practice of law.
Because Beth formed a partnership with nonlawyer Jeff, and the partnership was meant to
provide legal services, Beth is subject to discipline.