MPRE Study guides, Class notes & Summaries

Applicant Boaz was an outstanding candidate for the bar who came from an excellent family. He had outstanding academic credentials in both undergraduate school and in law school, as well as an absolutely impeccable previous work experience. However, Boaz did have a little problem with speeding. In fact, his past driving record indicates that since obtaining a driver's license (10 years ago), Boaz has received 20 different speeding tickets (on average, about two per year) including two within th...

Lawyers within a firm are treated as a single unit for conflicts purposes. Even with client consent, a lawyer must not represent a client if it would involve asserting a claim against another client represented by that lawyer in the same litigation (or other proceeding before a tribunal). In other words, the lawyer can't be on both sides of the same proceeding. what can a lawyer advance litigation expenses, court costs, expenses of litigation, costs of obtaining and presenting evidence/medic...

Reg'n of LP: An applicant, or a lawyer in connection with an applicant's application for admission, must not: (2) Additionally, an applicant, or a lawyer in connection with an applicant's application for admission, must not: (i) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or (ii) knowingly fail to respond to a lawful demand for information from an admissions authority. This rule doesn't, however, require disclosure of inf...

Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Rule 1.6: Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted b...

A partner ordered his associate to change some dates on court filings to avoid harming a large client's claim. The associate initially refused, because doing so would constitute fraud on the court. However, when the partner told the associate that he would fire the associate if he did not change the dates, the associate did as he was told. Under the Model Rules of Professional Conduct, is the associate subject to discipline? Yes, because the associate changed the dates. Under Model Rule of P...

Inherent Powers of Courts to Regulate Lawyers 1. State Courts-- regulate all aspects of the practice of law within their jurisdiction; each state with its own rules of professional conduct, often based on the ABA Model Rules 2. Federal Courts--each court has its own bar to which a lawyer must be admitted in order to practice before the court Requirements for Admission 1. Education—most states require graduation from an ABA-accredited law school 2. Knowledge—most states require applica...

A lawyer is regulated by the rules of (3)the state, the federal system, and each state in which the lawyer is admitted to practice. Three sources of STATE regulation1. Courts (have inherent power to regulate legal profession in and out of court. the ultimate power rests in the highest court, NOT WITH THE STATE legislature.) 2. Bar Associations (majority of states have an integrated bar system, meaning every lower who is admitted to practice must be a member. The bar assc. does the bar exam...

What entity generally promulgates the ethics rules and oversees the discipline of lawyers? the highest court in the state What is an integrated bar system? every lawyer who is admitted to practice the state must be a member of the state bar association the Sarbanes-Oaxley Act Example of how Congress and State Legislatures also contribute to the regulation of the legal profession imposes a mandatory reporting duty when a securities lawyer becomes aware of credible evidence that a client...

Rules for Applicants - Answer-a. All applicants for admission to a state bar MUST be morally fit to practice law. b. Past conduct places an applicant's moral fitness in question if that past conduct has a rational connection with applicant's fitness to practice law. When applying for admission to a state bar, an applicant MUST NOT KNOWINGLY: - Answer-(1) make a false statement of material fact OR (2) fail to disclose a fact that is necessary to correct a misapprehension If an applic...

Can attorney be part of an organization that is adverse to the interests of his clients? What positions can the attorney hold? Can the Attorney participate in decisions incompatible with his obligations to a client? - Answer-Yes. attorney may serve as an officer or director of such an agency, provided he does not knowingly participate in decisions incompatible with his obligations to a client and there is no other conflict of interest. Junior partner, opposing party helped mea...