1. Regulation of the Legal Profession
A. Powers of Courts & Other Bodies
What powers do States have?* 'Highest' State Court
- Regulate legal profession (within their police
powers)!!!
Bar Associations
- Administer of bar examinations
- Allow legal education programs
- Assist with discipline
Legislature
- Govern some aspects of legal practice
What powers do Federal System have? Federal Statute/Case Law/Court/Agency Rule
- Govern federal practice
State Ethics Laws/Rules
- Govern federal government attorneys' duties
(in the state where they engage)
Does ABA have disciplinary authority?* NO!!!
- Membership is voluntary
What is the difference between 'must' and 'Must' rules
'should' rules in ABA?* - Mandatory
- Discipline for violation
'Should' rules
- NOT mandatory (advisory)
- NO discipline for violation!!!
B. Admission to Profession
What are the requirements for admission to Applicant/Lawyer recommending Applicant!!!
profession?* must show;
1) NO false statement of material fact
(knowingly)
2) NO failure to disclose info necessary to
correct misapprehensions
3) NO failure to respond to lawful demand for
info!!!
4) Good moral character
UNLESS regarding info 'protected by ethical
duty of confidentiality'
NOT US citizenship!!!
NOT US residency!!!
What is required for judicial review of Procedural due process rights
Applicant's 'character and fitness'?
What are the grounds for denial of Applicant's Applicant or Lawyer recommending Applicant
A. Powers of Courts & Other Bodies
What powers do States have?* 'Highest' State Court
- Regulate legal profession (within their police
powers)!!!
Bar Associations
- Administer of bar examinations
- Allow legal education programs
- Assist with discipline
Legislature
- Govern some aspects of legal practice
What powers do Federal System have? Federal Statute/Case Law/Court/Agency Rule
- Govern federal practice
State Ethics Laws/Rules
- Govern federal government attorneys' duties
(in the state where they engage)
Does ABA have disciplinary authority?* NO!!!
- Membership is voluntary
What is the difference between 'must' and 'Must' rules
'should' rules in ABA?* - Mandatory
- Discipline for violation
'Should' rules
- NOT mandatory (advisory)
- NO discipline for violation!!!
B. Admission to Profession
What are the requirements for admission to Applicant/Lawyer recommending Applicant!!!
profession?* must show;
1) NO false statement of material fact
(knowingly)
2) NO failure to disclose info necessary to
correct misapprehensions
3) NO failure to respond to lawful demand for
info!!!
4) Good moral character
UNLESS regarding info 'protected by ethical
duty of confidentiality'
NOT US citizenship!!!
NOT US residency!!!
What is required for judicial review of Procedural due process rights
Applicant's 'character and fitness'?
What are the grounds for denial of Applicant's Applicant or Lawyer recommending Applicant
