MPRE (2021) ALREADY PASSED
ADMISSION REQUIREMENTS (8.1) - ✔✔Must be *rationally related* to the practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
To result in rejection, the misconduct must involve *moral turpitude*:
i. Crimes involving intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral turpitude even if not crime
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - ✔✔Mandatory Reporting of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to
practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
,EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS Mandatory - ✔✔Violation raises substantial question as to
lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT Mandatory - ✔✔1. Question raised was not
substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconduct - ✔✔1. Violation of duty of
confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5) - ✔✔i. Any state where lawyer is admitted has power to discipline
ii. Any state where lawyer provided or offered services
UNAUTHORIZED PRACTICE OF LAW (5.5) - ✔✔Unauthorized practice = practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else in
unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"? - ✔✔1. Appearing at judicial proceeding
2. Drafting documents
,3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"? - ✔✔1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone do that.
MULTI-JURISDICTIONAL PRACTICE (8.5) - ✔✔Methods of *Temporary* Out-of-State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice across state
lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states
Methods of *Temporary* Out-of-State Practice (MR. AP) - ✔✔1. *Associate* with locally licensed
attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF) - ✔✔1. *In-house counsel* and *government lawyer* can
engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS (5.1) - ✔✔Duty to Prevent
Ethical Violations
, 1. Partners and managers must take reasonable measures to ensure compliance with RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a reasonable
resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical Violations - ✔✔Partners and managers must take
reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN) - ✔✔1. *Ordered* or ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to *nonlawyers*
working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer - ✔✔Acting on orders of another lawyer does not excuse
misconduct UNLESS it was a *reasonable* resolution of an *arguable question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4) - ✔✔No partnerships with nonlawyers if any partnership
activities involve practice of law
No nonlawyer control or ownership interest in firm
ADMISSION REQUIREMENTS (8.1) - ✔✔Must be *rationally related* to the practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
To result in rejection, the misconduct must involve *moral turpitude*:
i. Crimes involving intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral turpitude even if not crime
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - ✔✔Mandatory Reporting of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to
practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
,EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS Mandatory - ✔✔Violation raises substantial question as to
lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT Mandatory - ✔✔1. Question raised was not
substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconduct - ✔✔1. Violation of duty of
confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5) - ✔✔i. Any state where lawyer is admitted has power to discipline
ii. Any state where lawyer provided or offered services
UNAUTHORIZED PRACTICE OF LAW (5.5) - ✔✔Unauthorized practice = practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else in
unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"? - ✔✔1. Appearing at judicial proceeding
2. Drafting documents
,3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"? - ✔✔1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone do that.
MULTI-JURISDICTIONAL PRACTICE (8.5) - ✔✔Methods of *Temporary* Out-of-State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice across state
lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states
Methods of *Temporary* Out-of-State Practice (MR. AP) - ✔✔1. *Associate* with locally licensed
attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF) - ✔✔1. *In-house counsel* and *government lawyer* can
engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS (5.1) - ✔✔Duty to Prevent
Ethical Violations
, 1. Partners and managers must take reasonable measures to ensure compliance with RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a reasonable
resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical Violations - ✔✔Partners and managers must take
reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN) - ✔✔1. *Ordered* or ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to *nonlawyers*
working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer - ✔✔Acting on orders of another lawyer does not excuse
misconduct UNLESS it was a *reasonable* resolution of an *arguable question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4) - ✔✔No partnerships with nonlawyers if any partnership
activities involve practice of law
No nonlawyer control or ownership interest in firm
