MPRE

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Author:
Anonymous
ID:
164989
Filename:
MPRE
Updated:
2012-08-04 16:30:22
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MPRE Review
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MPRE Review
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  1. Relevant conduct re good moral character
    • all
    • criminal and other acts constituting moral turpitude are grounds for denying admission to the bar
    • ev of applicant's rehabilitation will be considered
    • mere membership in an org such as the Communist Party is insufficient for showing lack of moral character, unless have indications s/he is advocating overthrow of gov
  2. Citizenship and residency requirements
    • No allowed
    • cannot require applicant be US citizen
    • cannot require applicant be citizen of a state
  3. Misconduct after admission
    • attempting to violate a disciplinary rule
    • assisting or inducing another person to violate a disciplinary rule
    • using the acts of another person to violate a disciplinary rule
    • engaging in criminal conduct that shows dishonesty, untrustworthiness, or unfitness to practice law
    • engaging in any conduct involving dishonesty, fraud, deceit or misrepresentation
    • engaging in conduct that is prejudicial to the adminstration of justice
    • stating or implying an ability to improperly influence a gov agency or official or to achieve results by means that violate the law or legal ethics rules, or
    • knowingly assisting a judge in conduct that is illegal or that violates the Code of Judicial Conduct
  4. Duty to report professional misconduct
    • Yes
    • Limit: just have to report ethical violations that raise a substantial question of honesty, trustworthiness, or fitness as a lawyer
    • Duty to report does not apply to info protected by confidentiality or info gained while serving as a member of an approved lawyers' assistance program designed to help lawyers and judges w/ substance abuse problems
  5. Disciplinary Process
    • Begins when complaint is filed with the state disciplinary authority
    • Unless complaint dismissed, the lawyer is requested to respond to the charges
    • A is entitled to regular Due Process
  6. Effect if sanctions in other jur
    • another state's disciplinary action is conclusive proof of misconduct, but
    • states are free to impose their own sanctions
    • NOTE: federal courts make an independent evaluation, but accept as competent ev the lawyer's discipline by the state
  7. When lawyer may practice in another state where they are not licensenced on a temporary basis
    • Association with local lawyer participating in the matter
    • Special permission to practice in local tribunal - pro hac vice
    • Mediation or arbitration arising out of practice in home state, OR
    • Other practice arising out of practince in home state - reasonably related, think contract
  8. When can a laywer who is not disbarred or suspended open a law practice in another jur if:
    • the lawyer is a salaried EE of her only client (think: in-house atty) , and
    • when the legal services are authorized by federal or local law
  9. Practice of law includes activities:
    • involving legal knowledge and skill, 
    • which constitute adcice concerning binding legal rights, or
    • traditionally performed by lawyers
    • [not unauthorized practice of law for nonlawyers to appear before an agency that permits nonlawyer professionals, think accountants]
    • [ok for nonlawyers to fill in legal forms]
  10. Consequences of unauthorized practice of law
    • A nonlawyer engaged in unauthorized practice of law may be subject to injunction, contempt, and criminal prosecution
    • A lawyer who assists a nonlawyer in the unauthorized practice of law is subject to discipline
  11. OK to delegate work to nonlawyers?
    Yes, but lawyer still responsible for ultimate results
  12. Ok to train nonlawyers for law related work?
    Yes, as long the nonlawyer's employment requires knowledge of the law
  13. Ok to help nonlawyers appear pro se?
    • Yes
    • but cannot help nonlawyer helping another appear pro se
  14. Ok to help disbarred or suspended lawyers do legal work?
    No!

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