Written by students who passed Immediately available after payment Read online or as PDF Wrong document? Swap it for free 4.6 TrustPilot
logo-home
Exam (elaborations)

MPRE (2022) ALREADY PASSED

Rating
-
Sold
-
Pages
51
Grade
A+
Uploaded on
12-12-2023
Written in
2023/2024

MODULE I: REGULATION OF THE LEGAL PROFESSION - Admission Requirements to the Bar: -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 Requirements That Are NOT Rationally Related 1. Citizenship 2. Residency When making and application to the bar, a candidate: -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 MISCONDUCT that may result in rejection of admission to the bar must: -involve moral turpitude, e.g.: 1. Crimes involving intentional dishonesty 2. Crimes of violence Lying always involves moral turpitude even if it does not constitute a crime What Constitutes Professional Misconduct -1. Violating or attempting to violate RPC, knowingly assisting or inducing another person to violate the RPC, or using the acts of another to commit a violation 2. Committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer 3. Any conduct involving dishonesty, fraud, deceit, or misrepresentation -- need not rise to the level of a crime or be related to practice of law 4. Engaging in conduct that is prejudicial to the administration of justice (e.g. falsifying evidence, improper delay tactics, frivolous claims) 5. Stating or implying ability to improperly influence government agency/official 6. Engaging in conduct that is harassment or discrimination -- RELATED to the practice of law Duty to Report Professional Misconduct -Mandatory: Violation raises substantial question as to lawyer's honesty, trustworthiness, or fitness to practice. 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 Professional 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

Show more Read less
Institution
Course

Content preview

MPRE (2022) ALREADY PASSED
MODULE I: REGULATION OF THE LEGAL PROFESSION -✔✔



Admission Requirements to the Bar: -✔✔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



Requirements That Are NOT Rationally Related

1. Citizenship

2. Residency



When making and application to the bar, a candidate: -✔✔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



MISCONDUCT that may result in rejection of admission to the bar must: -✔✔involve moral turpitude,
e.g.:

1. Crimes involving intentional dishonesty

2. Crimes of violence



Lying always involves moral turpitude even if it does not constitute a crime

,What Constitutes Professional Misconduct -✔✔1. Violating or attempting to violate RPC, knowingly
assisting or inducing another person to violate the RPC, or using the acts of another to commit a
violation



2. Committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a
lawyer



3. Any conduct involving dishonesty, fraud, deceit, or misrepresentation -- need not rise to the level
of a crime or be related to practice of law



4. Engaging in conduct that is prejudicial to the administration of justice (e.g. falsifying evidence,
improper delay tactics, frivolous claims)



5. Stating or implying ability to improperly influence government agency/official



6. Engaging in conduct that is harassment or discrimination -- RELATED to the practice of law



Duty to Report Professional Misconduct -✔✔Mandatory: Violation raises substantial question as to
lawyer's honesty, trustworthiness, or fitness to practice.



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 Professional 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: -✔✔1. Violation of duty of confidentiality to a client



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



Disciplinary Authority -✔✔1. Any state where lawyer is admitted has power to discipline



2. Any state where lawyer provided or offered services



Unauthorized Practice of Law -✔✔Unauthorized practice is practicing without a license



Subject to discipline for (1) engaging in unauthorized practice or (2) assisting someone else in
unauthorized practice



May of course delegate tasks to nonlawyer assistants, but must supervise the delegated work
carefully and must be ultimately responsible for the results



Practice of Law -✔✔1. Appearing at judicial proceeding



2. Drafting documents



3. Negotiating settlements



4. Giving legal advice



NOT the Practice of Law -✔✔1. Interviewing people



2. Filling in forms



3. Preparing tax returns

, 4. Appearing pro se



Methods of TEMPORARY Out-of-State Practice (MR. AP) -✔✔1. Mediation or arbitration -- may
mediate/arbitrate if arises out of, or is reasonably related to, practice in state in which she is
admitted



2. Matter reasonably related to home state practice



3. Associate with locally licensed attorney -- must actively participate in the matter



4. Admission pro hac vice (for this matter only)



Methods of 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



Responsbilities of Partners, Managers, and Supervisory Lawyers -✔✔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

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)



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

Written for

Course

Document information

Uploaded on
December 12, 2023
Number of pages
51
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

Subjects

$13.99
Get access to the full document:

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Get to know the seller
Seller avatar
Jessypeace

Get to know the seller

Seller avatar
Jessypeace jkuat
Follow You need to be logged in order to follow users or courses
Sold
2
Member since
3 year
Number of followers
1
Documents
899
Last sold
1 year ago

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions