Exam Questions and CORRECT Answers
A lawyer is subject to discipline for committing a criminal act that reflects adversely on his: -
CORRECT ANSWER - Honesty, trustworthiness, or fitness as a lawyer in other respects.
To constitute professional misconduct, the crime must involve some characteristic that's relevant
to the practice of law. For example, crimes involving dishonesty, breach of trust, substantial
interference with the administration of justice, and most crimes involving violence reflect on the
lawyer's fitness to practice law.
things like adultery or minor possession of maijuaan will not be subject to crime*
Discrimination: - CORRECT ANSWER - Ex: refusing to consider female associates for
partner in firm if they are child-bearing age,
using ethnic slur against another guest at a local event held by the bar.
Mandatory reporting:
Raises substantial question as to lawyers: - CORRECT ANSWER - Honesty, trustworthiness
and fitness to practice.
Not mandatory reporting if: - CORRECT ANSWER - question raised was not substantial.
-minor advertising
-suspect but don't know for sure.
, Exceptions to mandatory reporting: - CORRECT ANSWER - -Violation of duty of
confidentiality,
-learned of violation in lawyers assistance program.
Activities that need license to practice law: - CORRECT ANSWER - -Appearing at judicial
proceeding and depositions.
-Drafting documents that affect substantial legal rights
-negotiating settlements
-giving legal advice
Activities you do not need license - CORRECT ANSWER - -interviewing people
-filing in forms
-preparing tax returns.
Practicing Law Across State Boundaries: - CORRECT ANSWER - as long as you have a
license to practice in one state, and are not disbarred or suspended you can practice out of state.
1_ associate with locally licensed attorney
2. special permission called pro hac vice
3. mediation or arbitration