Questions and CORRECT Answers
Regulation of the Legal Profession: American Bar Association - CORRECT ANSWER - No
disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - CORRECT ANSWER - ABA Model
Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - CORRECT ANSWER - 1. Reproval
2. Suspension
3. Disbarment
Reproval - CORRECT ANSWER - Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - CORRECT ANSWER - Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - CORRECT ANSWER - Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - CORRECT ANSWER - The
lawyer MUST....
The lawyer MUST NOT...
,Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - CORRECT 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) - CORRECT 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 - CORRECT 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 - CORRECT ANSWER - Bad thing
We do not want
Good Moral Character - CORRECT ANSWER - Good Thing
State Law and Professional Responsibility - CORRECT ANSWER - State laws supplement
the ABA Model Rules of professional conduct
Moral Terpitude - CORRECT ANSWER - Bad thing
We do not want it
, Good Moral Character - CORRECT ANSWER - Good thing
State Requirments for admission to the Bar - CORRECT ANSWER - Supreme Court says
they must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - CORRECT 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 - CORRECT 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 - CORRECT
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 - CORRECT ANSWER - Regulated by the highest court
in the state, and agency thereof
Obligations to Report and Testify about Violations - CORRECT 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... - CORRECT ANSWER - ...send a letter
to the state disciplinary Board with your name on it