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Exam (elaborations)

BarBri - MPRE Exam Questions and Answers Already Passed

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BarBri - MPRE Exam Questions and Answers Already Passed Regulation of the Legal Profession: American Bar Association No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violation of "Must" Rules 1. Reproval 2. Suspension 3. Disbarment Reproval Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension Prohibited from practicing law for a finite period Name remains on the firm stationary and the door Disbarment Permenant punishment Name removed from firm name, door, and stationary Types of MPRE "Must" Questions (The "Call" of the Question) The lawyer MUST.... The lawyer MUST NOT... Is the lawyer subject to DISCIPLINE... Regulation of the Legal Profession: "Should" Rules Advisory, Aspirational, Ethical Considerations No repurcussions for failure to follow or adhere Merely ethical considerations "Should be involved in..." Types of MPRE "Should" Questions (The "Call" of the Question) It would not be PROPER... Which of the following is PROPER... Which MAY the lawyer do... Which SHOULD the lawyer do... Regulation of the Legal Profession is a ________ Excercise "Judicial" --- Therefore the State Supreme Court is the ultimate authority (within the context of the Federal System) with the power to regulate attorneys, admit them to the practice, and discipline them. Moral Turpitude Bad thing We do not want Good Moral Character Good Thing State

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