MPRE Themis Handout Study Guide Exam.
1. Character and Fit- Crimes of moral turpitude or violence are disqualifying
ness Concern with drug/alcohol
Test addiction Concern with debt
Failure to disclose can result in disqualification
2. Residency State bar may not impose residency requirement
3. Truthfulness No lying on bar application or law school application
4. Regulation Violation of the rules
After
Criminal act that touches on the attorney's honesty or fitness to
Admission
practice Fraud or deceit (no reliance or damages needed)
No system to ensure compliance with the rules
5. Vicarious
liability for
partners Liable for rules violations of supervised attorneys or non-professionals if
6. Vicarious they Order, Ratify, or after learning of a violation, Fail to take legal action
liabili- ty for
supervising
attorney may not say "I was simply following orders" as an excuse for
attorneys
rules violation (only a reasonable order is an excuse"
7. No
It can lead to discipline in your home state
Nuremburg
Defense Lawyer's conduct must conform to the rules of the jurisdiction in which the
lawyer reasonably believes his conduct will have a predominant ettect
8. Out of State
Con- duct
9. Snitch Rule Lawyer is required to report violations to disciplinary authorities where:
(1) the reporting lawyer has actual knowledge of substantial
violation, and
(2) the violation goes to the lawyer's substantial honesty,
trustworthiness, and fitness
, MPRE Themis Handout Study Guide Exam.
10. Out-of- Out-of-State lawyers may practice in a jurisdiction on a temporary basis:
State
- Pro Hac Vice (must be a "vice" (dispute))
Lawyers
, MPRE Themis Handout Study Guide Exam.
-Association with local counsel (who must actually participate)
-Working for a client from home jurisdiction
11. Unauthorize Cannot aid and abet
d Practice of -must have client contact
Law -must supervise and take responsibility for the work of non-professional
Non-lawyers--
injunction Lawyers--
loss of fees
12. Pro se litigants ghostwriting -- lawyers can give limited aid and assistance
13. Fee-Division Lawyer CANNOT divide legal fees with non-lawyers
with Non-
No non-lawyer can be in control of a lawyer's judgment.
lawyers
14. Lawyer owned re- Clients must know they are not dealing with a lawyer
lated services
15. Sale of Practice Lawyer must stop practice
Give notice to the client,
and Sell the practice to a
lawyer
May sell the whole practice or only one area
Cannot increase the fees associated with the
sale
16. Can lawyer
who sells
practice re- 17. Restrictions on Practice
turn to
practice?
1. Character and Fit- Crimes of moral turpitude or violence are disqualifying
ness Concern with drug/alcohol
Test addiction Concern with debt
Failure to disclose can result in disqualification
2. Residency State bar may not impose residency requirement
3. Truthfulness No lying on bar application or law school application
4. Regulation Violation of the rules
After
Criminal act that touches on the attorney's honesty or fitness to
Admission
practice Fraud or deceit (no reliance or damages needed)
No system to ensure compliance with the rules
5. Vicarious
liability for
partners Liable for rules violations of supervised attorneys or non-professionals if
6. Vicarious they Order, Ratify, or after learning of a violation, Fail to take legal action
liabili- ty for
supervising
attorney may not say "I was simply following orders" as an excuse for
attorneys
rules violation (only a reasonable order is an excuse"
7. No
It can lead to discipline in your home state
Nuremburg
Defense Lawyer's conduct must conform to the rules of the jurisdiction in which the
lawyer reasonably believes his conduct will have a predominant ettect
8. Out of State
Con- duct
9. Snitch Rule Lawyer is required to report violations to disciplinary authorities where:
(1) the reporting lawyer has actual knowledge of substantial
violation, and
(2) the violation goes to the lawyer's substantial honesty,
trustworthiness, and fitness
, MPRE Themis Handout Study Guide Exam.
10. Out-of- Out-of-State lawyers may practice in a jurisdiction on a temporary basis:
State
- Pro Hac Vice (must be a "vice" (dispute))
Lawyers
, MPRE Themis Handout Study Guide Exam.
-Association with local counsel (who must actually participate)
-Working for a client from home jurisdiction
11. Unauthorize Cannot aid and abet
d Practice of -must have client contact
Law -must supervise and take responsibility for the work of non-professional
Non-lawyers--
injunction Lawyers--
loss of fees
12. Pro se litigants ghostwriting -- lawyers can give limited aid and assistance
13. Fee-Division Lawyer CANNOT divide legal fees with non-lawyers
with Non-
No non-lawyer can be in control of a lawyer's judgment.
lawyers
14. Lawyer owned re- Clients must know they are not dealing with a lawyer
lated services
15. Sale of Practice Lawyer must stop practice
Give notice to the client,
and Sell the practice to a
lawyer
May sell the whole practice or only one area
Cannot increase the fees associated with the
sale
16. Can lawyer
who sells
practice re- 17. Restrictions on Practice
turn to
practice?
