PR Cases Study Guide Exam Questions
With Solved Solutions.
Schware v. Board of Bar Examiners: - Answer "moral character" is the historic unquestioned
prerequisite of fitness
All interest of man (life, liberty, property) are in the professional keeping of lawyers
Konigsberg v. State Bar: - Answer good moral character defined in an unlimited number of
ways or any definition will reflect the attitudes, experiences, and prejudices of the definer
In the Matter of Harvey Prager: - Answer Facts: Prior to law school Prager smoked weed,
illegally sold/distributed
Applied to law school graduated with honors, became clerk
Applied for bar admission was rejected b/c of past but alleged rehabilitation
Holding: A prior conviction is not an absolute bar to admission
Test: whether at the present time the applicant has so rehabilitated himself by leading a
sufficiently exemplary life to inspire public confidence once again in spite of previous actions
Merely showing that an individual is now living/doing things he should have done t/o life
doesn't prove the individual has undertaken a useful/constructive place in society
Factors: (1) nature of original offense for which petitioner was disbarred; (2) petitioner's
character, maturity, and experience at time of disbarment; (3) petitioner's occupation/conduct
in time since disbarment; (4) time elapsed since disbarment; and (5) petitioner's present
competence in legal skills
Florida v. Brumbaugh - Answer Facts: B operated a business call Marilyn's Secretarial Service,
in which she performed typing services for do-it-yourself divorces, wills, resumes, and
bankruptcies.
B, who was not licensed to practice law, prepared legal documents for her customers in
uncontested marriage dissolutions, and advised the customers regarding the costs and
procedures that needed to be followed in order to obtain marriage dissolution.
B charged her clients $50 for her services & did not provide her customers with blank forms, but
typed the documents herself after obtaining information from her customers. The Florida Bar
(plaintiff) filed a petition charging B with engaging in the unauthorized practice of law, and
sought an injunction prohibiting B from engaging in the allegedly unlawful acts.
, Ms. Brumbaugh and others in similar situations can sell material purported to explain legal
practice and procedure to the public in general and she may sell sample legal forms [not
improper to engage in a secretarial service]
Birbrower v. Superior Court of Santa Clara County - Answer Facts:
B ∆ was a New York law firm hired by ESQ π, a Cali corporation with its principal place of
business in Cali, to represent ESQ in legal matters against another company. B and ESQ entered
into a fee agreement in New York under which B agreed to handle all matters related to ESQ's
claims against the other company.
None of B's attorneys were licensed to practice in Cali, and the parties later disputed whether
ESQ was aware of this fact. B attorneys traveled to California on multiple occasions to meet with
ESQ, discuss resolution strategies, arbitration, settlement agreements and provide legal advice.
Holding: Attorneys may be liable for unauthorized practice of law in California even if they did
not perform legal services within the state.
an attorney is considered to be practicing law in Cali if the attorney has sufficient contacts with
a Cali client, is engaged in sufficient activities in Cali, or creates a continuing relationship with a
Cali client that includes legal duties and obligations. In this case, both attorneys traveled to Cali
numerous times
Pro Hac Vice: Discretion of a local court to allow an attorney of another jurisdiction to practice
law in that particular state
Spevack v. Klein - Answer Facts: Attny refused to produce the demanded financial record &
testify at the judicial inquiry via the subpoena. His sole defense was that the production of the
record & his testimony would incriminate him
Holding: Self-incrimination clause extends protection to lawyers and shouldn't be watered down
by imposing honor of disbarment and deprivation of a livelihood as a price for asserting it
the 14th Am secures against state invasion the same privilege that the 5th guarantees against
federal infringement-the right of a person to remain silent unless he chooses to speak in the
unfettered exercise of his own will, & to suffer no penalty for such silence"
Procanik v. Cilo: - Answer Facts: P came to ∆'s when she was pregnant & told him she had
measles but wasn't sure if it was German measles.
∆ negligently told her that she had nothing to worry about because she became immune to
German measles as a child so option π allowed her pregnancy to continue & her son had birth
defects.
Π sought an attorney, S. S sought a specialist in medical malpractice GS.
With Solved Solutions.
Schware v. Board of Bar Examiners: - Answer "moral character" is the historic unquestioned
prerequisite of fitness
All interest of man (life, liberty, property) are in the professional keeping of lawyers
Konigsberg v. State Bar: - Answer good moral character defined in an unlimited number of
ways or any definition will reflect the attitudes, experiences, and prejudices of the definer
In the Matter of Harvey Prager: - Answer Facts: Prior to law school Prager smoked weed,
illegally sold/distributed
Applied to law school graduated with honors, became clerk
Applied for bar admission was rejected b/c of past but alleged rehabilitation
Holding: A prior conviction is not an absolute bar to admission
Test: whether at the present time the applicant has so rehabilitated himself by leading a
sufficiently exemplary life to inspire public confidence once again in spite of previous actions
Merely showing that an individual is now living/doing things he should have done t/o life
doesn't prove the individual has undertaken a useful/constructive place in society
Factors: (1) nature of original offense for which petitioner was disbarred; (2) petitioner's
character, maturity, and experience at time of disbarment; (3) petitioner's occupation/conduct
in time since disbarment; (4) time elapsed since disbarment; and (5) petitioner's present
competence in legal skills
Florida v. Brumbaugh - Answer Facts: B operated a business call Marilyn's Secretarial Service,
in which she performed typing services for do-it-yourself divorces, wills, resumes, and
bankruptcies.
B, who was not licensed to practice law, prepared legal documents for her customers in
uncontested marriage dissolutions, and advised the customers regarding the costs and
procedures that needed to be followed in order to obtain marriage dissolution.
B charged her clients $50 for her services & did not provide her customers with blank forms, but
typed the documents herself after obtaining information from her customers. The Florida Bar
(plaintiff) filed a petition charging B with engaging in the unauthorized practice of law, and
sought an injunction prohibiting B from engaging in the allegedly unlawful acts.
, Ms. Brumbaugh and others in similar situations can sell material purported to explain legal
practice and procedure to the public in general and she may sell sample legal forms [not
improper to engage in a secretarial service]
Birbrower v. Superior Court of Santa Clara County - Answer Facts:
B ∆ was a New York law firm hired by ESQ π, a Cali corporation with its principal place of
business in Cali, to represent ESQ in legal matters against another company. B and ESQ entered
into a fee agreement in New York under which B agreed to handle all matters related to ESQ's
claims against the other company.
None of B's attorneys were licensed to practice in Cali, and the parties later disputed whether
ESQ was aware of this fact. B attorneys traveled to California on multiple occasions to meet with
ESQ, discuss resolution strategies, arbitration, settlement agreements and provide legal advice.
Holding: Attorneys may be liable for unauthorized practice of law in California even if they did
not perform legal services within the state.
an attorney is considered to be practicing law in Cali if the attorney has sufficient contacts with
a Cali client, is engaged in sufficient activities in Cali, or creates a continuing relationship with a
Cali client that includes legal duties and obligations. In this case, both attorneys traveled to Cali
numerous times
Pro Hac Vice: Discretion of a local court to allow an attorney of another jurisdiction to practice
law in that particular state
Spevack v. Klein - Answer Facts: Attny refused to produce the demanded financial record &
testify at the judicial inquiry via the subpoena. His sole defense was that the production of the
record & his testimony would incriminate him
Holding: Self-incrimination clause extends protection to lawyers and shouldn't be watered down
by imposing honor of disbarment and deprivation of a livelihood as a price for asserting it
the 14th Am secures against state invasion the same privilege that the 5th guarantees against
federal infringement-the right of a person to remain silent unless he chooses to speak in the
unfettered exercise of his own will, & to suffer no penalty for such silence"
Procanik v. Cilo: - Answer Facts: P came to ∆'s when she was pregnant & told him she had
measles but wasn't sure if it was German measles.
∆ negligently told her that she had nothing to worry about because she became immune to
German measles as a child so option π allowed her pregnancy to continue & her son had birth
defects.
Π sought an attorney, S. S sought a specialist in medical malpractice GS.
