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MPRE (2021) ALREADY PASSED

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ADMISSION REQUIREMENTS (8.1) - Must be *rationally related* to the practice of law, e.g.: 1. Graduation from accredited law school 2. Oath to uphold the constitution 3. Good moral character To result in rejection, the misconduct must involve *moral turpitude*: i. Crimes involving intentional dishonesty ii. Crimes of violence iii. Lying is always moral turpitude even if not crime Requirements That Are *NOT* Rational 1. Citizenship 2. Residency When making character and fitness application, you 1. Cannot knowingly make *false statements* of material fact 2. Must *respond* to all requests for information 3. Must *correct* any misapprehensions But NOT required to disclose *confidential information*. DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - Mandatory Reporting of Violation 1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice. When Reporting Is NOT Mandatory 1. Question raised was not substantial 2. Suspect violation, but don't know

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MPRE (2021) ALREADY PASSED
ADMISSION REQUIREMENTS (8.1) - ✔✔Must be *rationally related* to the practice of law, e.g.:

1. Graduation from accredited law school

2. Oath to uphold the constitution

3. Good moral character



To result in rejection, the misconduct must involve *moral turpitude*:

i. Crimes involving intentional dishonesty

ii. Crimes of violence

iii. Lying is always moral turpitude even if not crime



Requirements That Are *NOT* Rational

1. Citizenship

2. Residency



When making character and fitness application, you

1. Cannot knowingly make *false statements* of material fact

2. Must *respond* to all requests for information

3. Must *correct* any misapprehensions



But NOT required to disclose *confidential information*.



DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - ✔✔Mandatory Reporting of Violation

1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to
practice.



When Reporting Is NOT Mandatory

1. Question raised was not substantial

2. Suspect violation, but don't know

,EXCEPTIONS to Mandatory Reporting

1. Violation of duty of confidentiality to a client

2. Learned of violation in lawyer's assistance program (substance abuse programs)



When Reporting Profession Misconduct IS Mandatory - ✔✔Violation raises substantial question as to
lawyer's *honesty, trustworthiness*, or *fitness* to practice.



When Reporting Profession Misconduct Is NOT Mandatory - ✔✔1. Question raised was not
substantial

2. Suspect violation, but don't know



EXCEPTIONS to Mandatory Reporting of other attorney misconduct - ✔✔1. Violation of duty of
confidentiality to a client

2. Learned of violation in lawyer's assistance program (substance abuse programs)



DISCIPLINARY AUTHORITY (8.5) - ✔✔i. Any state where lawyer is admitted has power to discipline

ii. Any state where lawyer provided or offered services



UNAUTHORIZED PRACTICE OF LAW (5.5) - ✔✔Unauthorized practice = practicing without a license.



Subject to discipline for engaging in unauthorized practice or *assisting* someone else in
unauthorized practice.



Practice of Law

1. Appearing at judicial proceeding

2. Drafting documents

3. Negotiating settlements

4. Giving legal advice



What is the "Practice of Law"? - ✔✔1. Appearing at judicial proceeding

2. Drafting documents

,3. Negotiating settlements

4. Giving legal advice



What is NOT the "Practice of Law"? - ✔✔1. Interviewing people

2. Filling in forms

3. Preparing tax returns



*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone do that.



MULTI-JURISDICTIONAL PRACTICE (8.5) - ✔✔Methods of *Temporary* Out-of-State Practice

1. *Associate* with locally licensed attorney

2. Admission *pro hac vice* (for this matter only)

3. *Mediation* or *arbitration*

4. Matter *reasonably related* to home state practice



*Permanent* Out-of-State Practice

1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice across state
lines

2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states



Methods of *Temporary* Out-of-State Practice (MR. AP) - ✔✔1. *Associate* with locally licensed
attorney

2. Admission *pro hac vice* (for this matter only)

3. *Mediation* or *arbitration*

4. Matter *reasonably related* to home state practice



*Permanent* Out-of-State Practice (IGF) - ✔✔1. *In-house counsel* and *government lawyer* can
engage in *non-litigation* practice across state lines

2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states



RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS (5.1) - ✔✔Duty to Prevent
Ethical Violations

, 1. Partners and managers must take reasonable measures to ensure compliance with RPC

2. Supervisory lawyers have the same duty with respect to subordinates



Vicarious Responsibility (can happen in a few ways)

1. Ordered or ratified misconduct

2. Failed to avoid or mitigate consequences of violation

3. Partners, managers, and supervisors *have the same duties* as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).



Responsibilities of a Subordinate Lawyer

1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a reasonable
resolution of an arguable question of professional duty.

2. Usually technical in nature



Duty of Supervisors/Partners to Prevent Ethical Violations - ✔✔Partners and managers must take
reasonable measures to ensure compliance with RPC



Supervisory lawyers have the same duty with respect to subordinates



Vicarious Responsibility (can happen in a few ways) (OMN) - ✔✔1. *Ordered* or ratified misconduct

2. Failed to avoid or *mitigate* consequences of violation

3. Partners, managers, and supervisors have the same duties as above with respect to *nonlawyers*
working on client matters (both inside and outside the firm).



Responsibilities of a Subordinate Lawyer - ✔✔Acting on orders of another lawyer does not excuse
misconduct UNLESS it was a *reasonable* resolution of an *arguable question* of professional duty.

- Usually technical in nature



PROFESSIONAL INDEPENDENCE (5.4) - ✔✔No partnerships with nonlawyers if any partnership
activities involve practice of law



No nonlawyer control or ownership interest in firm

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