BarBri - MPRE CONTAINS REAL EXAM QUESTIONS AND CORRECT ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+

BarBri - MPRE CONTAINS REAL EXAM QUESTIONS AND CORRECT ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ Regulation of the Legal Profession: American Bar Association - ANSWER- No disciplinary authority Membership is Voluntary Regulation of the Legal Profession: "Must" Rules - ANSWER- ABA Model Rules of Professional Conduct (1983) Mandatory Rules Violations are subject to Discipline Displine for Violation of "Must" Rules - ANSWER- 1. Reproval 2. Suspension 3. Disbarment Reproval - ANSWER- Censure or reprimand Mild Discipline Public or Private censure/reprimand Suspension - ANSWER- Prohibited from practicing law for a finite period Name remains on the firm stationary and the door Disbarment - ANSWER- Permenant punishment Name removed from firm name, door, and stationary Types of MPRE "Must" Questions (The "Call" of the Question) - ANSWER- The lawyer MUST.... The lawyer MUST NOT... Is the lawyer subject to DISCIPLINE... Regulation of the Legal Profession: "Should" Rules - ANSWER- Advisory, Aspirational, Ethical Considerations No repurcussions for failure to follow or adhere Merely ethical considerations "Should be involved in..." Types of MPRE "Should" Questions (The "Call" of the Question) - ANSWER- It would not be PROPER... Which of the following is PROPER... Which MAY the lawyer do... Which SHOULD the lawyer do... Regulation of the Legal Profession is a ________ Excercise - ANSWER- "Judicial" --- Therefore the State Supreme Court is the ultimate authority (within the context of the Federal System) with the power to regulate attorneys, admit them to the practice, and discipline them. Moral Turpitude - ANSWER- Bad thing We do not want Good Moral Character - ANSWER- Good Thing State Law and Professional Responsibility - ANSWER- State laws supplement the ABA Model Rules of professional conduct Moral Terpitude - ANSWER- Bad thing We do not want it Good Moral Character - ANSWER- Good thing State Requirments for admission to the Bar - ANSWER- Supreme Court says they must be RATIONALLY RELATED to the practice of law Admission to the Bar: Rationally Related - ANSWER- a) graduate from ABA accredited law school, and b) take an oath to upohold the constitution (US citizenship and resident of the state are NOT rationally related) Requirements on Person Applying to the Bar - ANSWER- 1. Truth and fair disclosure - provide in regard to Bar exam application 2. Duty to Cooperate - must cooperate, respond, etc. during the application process Requirement od Lawyers who are already admitted regarding Bar applicants - ANSWER- 1. Good applicant - you SHOULD write a letter 2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant Lawyer Discipline After Admission - ANSWER- Regulated by the highest court in the state, and agency thereof Obligations to Report and Testify about Violations - ANSWER- 1. You MUST rat on your lawyer friends to the State Disciplinary Board 2. The rules are NOT jurisdiction specific 3. You must be available to testify (no anonymous tips) 4. Your are always a lawyer 24-7-365 If you KNOW a violation has occured you MUST... - ANSWER- ...send a letter to the state disciplinary Board with your name on it If you SUSPECT a violation has occured you... - ANSWER- MAY report it. Unaithorized Practice of Law: Activity requiring a law license - ANSWER- This constitutes the practice of law: 1. Court Appearences and Depositions (except clinicals, per se) 2. Drafting Legal Documents 3. Conducting Settlements (except insurance companies) Unauthorized Practice of Law: Acitivity which does NOT require a license - ANSWERThis does NOT constitute the practice of law: 1. File papers with the court 2. Interviewing Witnesses (unless under oath, then it is a deposition) 3. Filling out of forms Ways to Practice in another jurisdiction - ANSWER- 1. Associate with an in-state lawyer 2. Get admitted Pro Hac Vice ("for this matter only") 3. If you are employed by only one client (as in-house counsel) 4. Mediation or Arbitration arising out of home state practice 5. Anything reasonably related to your home state practice Fee Division with a Non-Lawyer - ANSWER- NO splitting fees with non-lawyers; except... 1. Payment to heirs (your dead partner's kids) 2. Payment as part of a pension or bonus plan 3. Court awarded fees with a non-profit organization you represent (more or less a donation) Generally, defining a "firm" - ANSWER- As a general rule, sharing space is NOT a firm but sharing information usualy is Formal, defining a "firm" - ANSWER- Lawyers who frequently consult, work together, and have access to each other's files Who is "in charge" of a law firm? - ANSWER- Only lawyers can be in charge of the law firm (as shareholders, partners, etc.) - exception would be temporary shareholder in the event of deat of a partner (until the remaining shareholders buy-out the dead partner's share) Rule of Imputation - ANSWER- What you cannot do, your partner cannot do...what your partner cannot do, you cannot do. Solo Practioner: duty to plan - ANSWER- A solo practiotioner has a special duty to plan for death or disability by designating another competent lawyer to: 1. Review files; 2. Notify clients; and 3. Take protective action Supervising Attorneys are responsoble for the acts of subordinates if... - ANSWER- 1. Supervisor knew and did nothing; OR 2. Supervisor told the person to do it Subordinate (of supervising attorney) is NOT responsible if... - ANSWER- it is arguable that the subordinate should not, or could not have... 1. objected 2. acted contrarily, or 3. known the act was a violation Restrictions on the Right to Practice (