Legal Ethics CH. 1 Exam Questions And Answers

What are Lawyers? - ANS Lawyer (attorney): member of the bar (bar association). Is a privilege that is given to people who have met certain requirements: o Education, a bar exam, and fitness of character. o Each jurisdiction has its own additional requirements such as minimum age requirements and/ or mandatory fees. What kind of education is required? - ANS Attend a four- year college and then a three- year law school. Juris Doctorate: a doctorate in law. What is the Bar Exam? - ANS Exam taken by people who want to become lawyers. Is there a Moral Character Requirement? - ANS "Good Moral Character" is assumed in the absence of evidence of bad moral character, based on traits such as honesty, candor, fairness, trustworthiness, and respect for state and federal laws. Rehabilitation: to show that a person has regained good moral character. Public Policy: needs the public to know that the profession is looking out for the best interests of the public by not allowing people with "bad" moral character to practice law. Esquire: Esq. is a designation used by lawyers. Where do Lawyer Ethics Rules Come From? - ANS ABA: American Bar Association. Private organization. A voluntary organization of lawyers from across the country. Its goal is to serve the legal profession. o Over the years it has created committees and commissions to study the regulation of lawyers and to create "model laws". Early Canons - ANS The first set of rules offered by the ABA was the 1908 Canons of Professional Ethics. They were written by the ABA Committee on Professional Ethics and adopted by the ABA at its thirty-first Annual Meeting in 1908. Finding the Law in My State - ANS " rules of professional conduct" + "yourstate" What is the Authority of the ABA models? - ANS o "uniform codes" such as the Uniform Commercial Code. A "uniform" code is meant to create the same law in all of the states. o Organizations create models so that states can adopt the same or similar laws. o These sample "uniform codes" and model codes are meant to be just that: models o The models have no authority o The model is given authority only when it becomes a state's enactment within its own state codes. o Some parts may be omitted by a state. Some parts may be modified. o When looking at "model rules" or "model code" you are looking at a model, or sample, law. What is the authority of the state supreme court? - ANS -A state's constitution grants the supreme court of the state jurisdiction over all matters concerning admission to the bar and discipline of attorneys in that state. -the SC exercises ultimate authority over the disciplinary body, its members, and the staff. -the SC usually appoints all members of the disciplinary board. -only the SC can impose public discipline (reprimand, probation, and disbarment) How Are Lawyers Disciplined? - ANS -integrated bar: when bar membership is mandatory for practicing law in the state. -disciplinary actions may result in disbarment, suspension from practice, public reproval, or private reproval. Disbarment: permanent prohibition on practicing law Suspension: temporary inability to practice law Reproval: the same as reprimand Reprimand: an admonishment by the regulatory body.The ABA created standards for imposing lawyer sanctions. Disciplinary authorities use the standards as guidelines for determining the appropriate punishment for a lawyer. o 1. The duty violated o 2. The lawyers mental state o 3. The actual or potential injury caused by the misconduct, and o 4. The existence of aggravating and mitigating factors.Example: o Admonishment is appropriate where a lawyer is negligent with client property and the client is not injured. o Reprimand Is appropriate where a lawyer is negligent with client property and the client is injured o Suspension is appropriate where a lawyer handles client property improperly and the client is injured. o Disbarment is appropriate when a lawyer knowingly steals client property. What are Paralegals? - ANS o A person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. How Are Paralegals regulated? - ANS o Most paralegals are regulated, instead by the states regulation of the employing lawyer. 1. The laws that regulate lawyers say that the lawyer is responsible for non lawyers under his or her supervision, and 2. Case law says that paralegals and lawyers are bound by the same ethical duties. o Paralegals are granted the same protection as lawyers. o Duty of integrity o Duty to not practice law without a license o Duty of diligent representation o Duty to be competent o Duty of confidentiality o Duty of loyalty o Duty to protect the public o Duty to make legal services available at an affordable price A paralegal cannot be disciplined by the state bar or state disciplinary committee for a violation of any of those duties because the paralegal isn't a member of the bar. So, who will discipline the paralegal? The employing lawyer. In certain circumstances: the court can discipline the paralegal. What does it mean to be "Regulated by the Court"? - ANS o We are really talking about the regulation of the unauthorized practice of law. o Most prevalent method of regulation for non-lawyers. Have paralegals considered self- regulation? - ANS o It has been difficult to reach a consensus about self- regulation.