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Who has the ultimate power to regulate the legal profession? - 🧠 ANSWER
✔✔the highest court in the state
Requirements for Admission to the Practice of Law - 🧠 ANSWER ✔✔-
successfully completed college and law school
-passed a bar exam
-submitted a bar application including proof of good moral character
Rule 8.1: Bar Admission and Disciplinary Matters - 🧠 ANSWER ✔✔(a) an
applicant for admission to the bar, or a lawyer in connection with a bar
admission application, must not knowingly make a false statement of
material fact
(b) an applicant (or lawyer in connection with) must not (1) fail to disclose a
fact necessary to correct a misapprehension known by the person to have
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,arisen in the matter, or (2) knowingly fail to respond to a lawful demand for
information from an admissions authority
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Burden of Proof and Duties of Applicant - 🧠 ANSWER ✔✔the burden of
coming forward and establishing good moral character is on the applicant
What conduct is relevant to moral character? - 🧠 ANSWER ✔✔All aspects
of an applicant's past conduct that reflect on his honesty and integrity.
This includes crimes and non-crimes, as well as crimes that he was
acquitted of.
To cause disqualification of an applicant, the crime in question must
involve... - 🧠 ANSWER ✔✔moral turpitude (including crimes involving
intentional dishonesty for the purpose of personal gain and crimes of
violence)
Concealment of Past Conduct - 🧠 ANSWER ✔✔False statements or
concealment of facts in response to an inquiry by the admissions
committee is itself evidence of sufficient lack of moral character to deny
admission—even if the underlying conduct does not involve moral
turpitude.
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,What are not valid requirements for admission? - 🧠 ANSWER
✔✔citizenship and residency
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What constitutes professional misconduct? (Rule 8.4) - 🧠 ANSWER ✔✔(a)
misconduct for a lawyer to (1) violate or attempt to violate any of the rules,
(2) knowingly assist or induce another person to violate the rules, or (3) use
the acts of another person to commit a violation
(b) committing a criminal act that reflects adversely on his honesty,
trustworthiness, or fitness as a lawyer
(c) any conduct involving dishonesty, fraud, deceit, or misrepresentation
(d) engaging in conduct that is prejudicial to the administration of justice
(e) stating or implying that he has the ability to improperly influence a
government agency or official
(f) knowingly assisting a judge or judicial officer in conduct that violates the
CJC
(g) engage in harassment or discrimination in conduct related to the
practice of law
8.4(g) does not limit a lawyer's ability to: - 🧠 ANSWER ✔✔(1) accept,
decline, or withdraw from a representation in accordance with 1.16, or limit
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, her practice to members of underserved populations in accordance with the
Rules
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(2) provide legitimate advocacy that is otherwise consistent with the Rules
(3) promote diversity or inclusion
Duty to Report Professional Misconduct (Rule 8.3) - 🧠 ANSWER ✔✔A
lawyer who knows that another lawyer has violated the Rules in such a way
that it raises a substantial question as to that lawyer's honesty,
trustworthiness, or fitness as a lawyer must report the violation to the
appropriate professional authority.
What does "knowledge" mean? (Rule 1.0 Terminology) - 🧠 ANSWER
✔✔Actual knowledge, but it may be inferred from the circumstances. It has
been held to mean more than mere suspicion. Thus, while a lawyer may
report suspected misconduct, she must report known misconduct.
Rule 8.3 Exceptions - 🧠 ANSWER ✔✔does not require disclosure of
information covered by the rules of confidentiality or obtained in a Lawyers
Assistance Program
Choice of Law in Disciplinary Proceedings (Rule 8.5) - 🧠 ANSWER ✔✔If
the conduct in question occurred in connection with a proceeding that is
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