Unauthorized Practice of Law: Acitivity which does NOT require a license
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This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Lawyers and Buses
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We are not buses. We are not required to take each and every case that
walks in the door.
,MPRE Question: "Informed Consent" and "Consent After Consultation"
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Interpreted as having the same meaning
Decision Making Authority (Actual and Apparent)
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CLIENT - makes the important decision
ATTORNEY - makes the procedural and tactial decisions
Example of Procedural and Tactical Decisions (reserved for the Attorney)
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Where to file / which court, Depositions (how many, who), Discovery
(interrogatories, who to file against, what documents to request),
Continuances (requests)
Implied Disqualifications from Representations / Conflicts (interests adverse to a
client)
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, You can not assume any interests which are adverse to a Client
1. Cannot represent client in one matter, while opposing the same client in
another matter
2. Cannot represent a client whose interests are directly adverse to another
client, unless there is informed consent (this conflict can be waived)
3. Cannot represent a client against a former client when you acquired
confidences in the former representation, unless the former client signs
written informed consent
Disbarment
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Permenant punishment
Name removed from firm name, door, and stationary
Fee Division with a Non-Lawyer
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NO splitting fees with non-lawyers; except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more
or less a donation)
LAWYERS RELATED (Current Client Conflicts - Lawyer Personal Interest and Duties)
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, 1. Rule of imputation does NOT apply
2. Lawyers related as parent, child, sibling, or spouse shall not represent
adverse parties
3. Consent can override prohibition
MPRE Questions: "Lawyer is identified as a 'Certified Specialist' "
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That lawyer has been so certified by the appropriate agency in the
jurisdiction in which the lawyer practices.
Requirement od Lawyers who are already admitted regarding Bar applicants
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1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of
the applicant
Ways to Practice in another jurisdiction
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Give this one a try later!
This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Lawyers and Buses
Give this one a try later!
We are not buses. We are not required to take each and every case that
walks in the door.
,MPRE Question: "Informed Consent" and "Consent After Consultation"
Give this one a try later!
Interpreted as having the same meaning
Decision Making Authority (Actual and Apparent)
Give this one a try later!
CLIENT - makes the important decision
ATTORNEY - makes the procedural and tactial decisions
Example of Procedural and Tactical Decisions (reserved for the Attorney)
Give this one a try later!
Where to file / which court, Depositions (how many, who), Discovery
(interrogatories, who to file against, what documents to request),
Continuances (requests)
Implied Disqualifications from Representations / Conflicts (interests adverse to a
client)
Give this one a try later!
, You can not assume any interests which are adverse to a Client
1. Cannot represent client in one matter, while opposing the same client in
another matter
2. Cannot represent a client whose interests are directly adverse to another
client, unless there is informed consent (this conflict can be waived)
3. Cannot represent a client against a former client when you acquired
confidences in the former representation, unless the former client signs
written informed consent
Disbarment
Give this one a try later!
Permenant punishment
Name removed from firm name, door, and stationary
Fee Division with a Non-Lawyer
Give this one a try later!
NO splitting fees with non-lawyers; except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more
or less a donation)
LAWYERS RELATED (Current Client Conflicts - Lawyer Personal Interest and Duties)
Give this one a try later!
, 1. Rule of imputation does NOT apply
2. Lawyers related as parent, child, sibling, or spouse shall not represent
adverse parties
3. Consent can override prohibition
MPRE Questions: "Lawyer is identified as a 'Certified Specialist' "
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That lawyer has been so certified by the appropriate agency in the
jurisdiction in which the lawyer practices.
Requirement od Lawyers who are already admitted regarding Bar applicants
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1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of
the applicant
Ways to Practice in another jurisdiction
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