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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
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Citizenship and residency requirements
- No allowed
- cannot require applicant be US citizen
- cannot require applicant be citizen of a state
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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
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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
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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
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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
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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
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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
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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]
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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
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OK to delegate work to nonlawyers?
Yes, but lawyer still responsible for ultimate results
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Ok to train nonlawyers for law related work?
Yes, as long the nonlawyer's employment requires knowledge of the law
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Ok to help nonlawyers appear pro se?
- Yes
- but cannot help nonlawyer helping another appear pro se
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Ok to help disbarred or suspended lawyers do legal work?
No!
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