Regulation of the Legal Profession: American Bar Association -No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules -ABA Model Rules of Professional Conduct
(1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must...
BarBri - MPRE Exam
Regulation of the Legal Profession: American Bar Association -✔✔No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules -✔✔ABA Model Rules of Professional Conduct
(1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules -✔✔1. Reproval
2. Suspension
3. Disbarment
Reproval -✔✔Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension -✔✔Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment -✔✔Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) -✔✔The lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules -✔✔Advisory, Aspirational, Ethical Considerations
, No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) -✔✔It would not be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise -✔✔"Judicial" --- Therefore the State
Supreme Court is the ultimate authority (within the context of the Federal System) with the power to
regulate attorneys, admit them to the practice, and discipline them.
Moral Turpitude -✔✔Bad thing
We do not want
Good Moral Character -✔✔Good Thing
State Law and Professional Responsibility -✔✔State laws supplement the ABA Model Rules of
professional conduct
Moral Terpitude -✔✔Bad thing
We do not want it
Good Moral Character -✔✔Good thing
State Requirments for admission to the Bar -✔✔Supreme Court says they must be RATIONALLY
RELATED to the practice of law
Admission to the Bar: Rationally Related -✔✔a) graduate from ABA accredited law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
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