Term
| Rule 8.5: Regulation by Multiple States |
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Definition
| A lawyer is subject to regulation by EACH state in which the lawyer is ADMITTED to practice REGARDLESS of where the lawyer ACTUALLY practices law. If the rules of the states in which the lawyer is admitted conflict, choice of law rules apply. |
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Term
| Rule 8.1 (a) False Statements |
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Definition
| An applicant for admission to the bar, or a lawyer in connection with a bar admission application MUST NOT knowingly make false statements of material fact. |
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Term
| Rule 8.1 (b): Failure to Disclose Information |
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Definition
An applicant (or a lawyer in connection with an applicant's application for admission to the bar) MUST NOT:
(i) fail to disclose a fact necessary to correct a misapprehension KNOWN by the person to have arisen in the matter, or (ii) knowingly fail to respond to alawful demand for information from an admissions authority. This rule does NOT, however, require disclosure of information otherwise protected by teh confidentiality provisions of the Rules of Professional Conduct. |
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Term
| Rule 8.1: Concealment of Past Conduct Consittutes Moral Turpitude |
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Definition
| Violating Rule 8.1, giving false statements or concealing facts in response to an inquiry by the admissions committee is itselfe evidence of sufficient lack of moral character to deny admission. EVEN IF THE UNDERLYING CONDUCT DOES NOT INVOLVE MORAL TURPITUDE |
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Term
| Two Invalid Requirements for Bar Admission |
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Definition
1) A state CANNOT require that a person be a United States citizen to practice law; such a requirement violates Equal Protection
2) A state CANNOT require an applicant to be a RESIDENT of thes tate in which he is seeking admission to practice law; such a requirement violates privleges and immunities. |
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Term
| Rule 8.4 (a): Violation of The Rules of Professional Conduct |
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Definition
It is PROFESSIONAL MISCONDUCT for a lawyer to:
(i) violate or attempt to violate ANY of the Rules of Professional Conduct;
(ii) knowingly assist or induce another person to violate the Rules;
(iii) use the acts of another person to commit a violation |
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Term
| Rule 8.4(b): Certain Criminal Acts |
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Definition
| A lawyer is subject to discpline for committing a criminal act that reflects adversely on his honesty, trustworthiness, or ftness as a lawyer in other respects. To constitute professional misconduct, the crime MUST involve some characteristic that is RELEVANT TO THE PRACTICE OF LAW. (e.g., crimes involving dishonesty, breach of trust, substantial interference with the administration of justice, and most crimes involving violence, reflect on the lawyer's fitness to practice law.) Other crimes, while punishable by law, do NOT necessarily trigger professional discipline. |
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Term
| Rule 8.4(c): Dishonesty, Fraud, Deceit, or Misrepresentation |
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Definition
| ANY conduct involving fraud, deceit or misrepresentation constitutes professional misconduct. (e.g., cheating on the bar, plagiarism, or defrauding one's own law firm by misusing expense accounts) |
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Term
| Rule 8.4(d): Conduct Prejudicial to the Administration of Justice |
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Definition
| A lawyer is subject to discipline for engaging in conduct that is prejudicial to the administration of justice. THIS RULE IS RARELY INVOKED-- nearly all of the offenses that would arise under it are dealt with more specifically in teh rules relating to litigation. One situation where it MAY be invoked is where a lawyer, during representation of a client knowingly manifests bias based on race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status, and such action is prejudicial to the administration of justice. |
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Term
| Rule 8.4(e): Stating or Implying Ability to Improperly Influence Officials |
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Definition
| A lawyer must NEVER state or imply that he has the ability to improperly influence a government agency or official or to achieve results by means that violate the law or legal ethics rules. |
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Term
| Rule 8.4(f): Assisting a Judge in Violation of the Judicial Code |
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Definition
| A lawyer is subject to discipline for knowingly assisting a judge or judicial officer in conduct that violates the Code of Judicial Conduct or other law. |
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Term
| Comment 1: Rule 8.3-- Duty to Report Professional Misconduct |
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Definition
| Each member of the legal profession MUST be obligated to report misconduct by the other members. |
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Term
| Rule 8.3(a): Duty to Report Professional Misconduct |
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Definition
| A lawyer who KNOWS that another lawyer has violated the Rules of Professional Misconduct in such a way that it raises a SUBSTANTIAL question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer MUST report the violation to the appropriate authority. |
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Term
| Rule 8.3 (b): Duty to Report Professional Misconduct |
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Definition
| A lawyer who KNOWS that a JUDGE has violated the Code of Judicial Conduct in a way that raises a substantial question as to the judge's fitness for office MUST report the villation to the appropriate authority. |
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Term
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Definition
| Refers to ACTUAL KNOWLEDGE, but it may be inferred from the circumstances. It has been held to mean MORE than mere suspicion. Thus, while a lawyer MAY report SUSPECTED misconduct, she MUST report KNOWN misconduct |
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Term
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Definition
| a matter of clear and weighty importance. |
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Term
| Sanctions for Failure to Report Misconduct |
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Definition
| A lawyer who violates Rule 8.3 is herself subject to discipline. |
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Term
| Rule 1.6: Exception for Confidential Knowledge |
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Definition
| The disclosure requirement is NOT present when information is protected by the confidentiality rules. |
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Term
| Rule 8.3(c): Exception for Confidential Knowledge |
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Definition
| There is NO DUTY to disclose information gained by a lawyer or judge while serving as a member of an approved lawyers' assistance program that helps lawyers and judges with substance abuse problems. |
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Term
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Definition
| Means punishment imposed on a lawyer for breaking a rule of professional ethics. |
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Term
| What is required in a hearing of a disciplinary proceeding against a lawyer? |
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Definition
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Term
| Application of Other Rights: Exclusionary Rules of Criminal Law |
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Definition
| The exclusionary rules of criminal law do NOT apply to disciplinary proceedings. Thus, evidence obtained through an illegal search, for example, IS ADMISSIBLE in a disciplinary proceeding. NO DISCIPLINARY ACTION CAN BE TAKEN against a lawyer if it is based SOLELY on the claim of Fifth Amendment Privilege. |
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Term
| Types of Sanctions Imposed on a Lawyer Found to Have Committed Professional Misconduct |
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Definition
1) Private or Public Reprimand or Censure
2) Suspension
3) Disbarment
4) Other: robation, restitution, costs of the disciplinary proceeding, and limitations on the lawyer's practice. |
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Term
| Private or Public Reprimand or Censure |
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Definition
| an acknowledgement of misconduct that goes on teh lawyer's record with the disciplinary authorites. |
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Term
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Definition
| the lawyer's license is stopped for a definite period of time, at the end of which the right to practice is automatically reinstated. |
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Term
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Definition
| the PERMINANT revocation of the lawyer's license to practice. A disbarred lawyer MAY, however, apply for readmission upon proof of rehabilitation. |
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Term
| Rule 8.5(b)(1): Choice of Law in Disciplinary Proceedings |
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Definition
| If the conduct in question occurred in connection with a proceeding that is pending before a tribunal, the ethics rules of the jurisdiction in which the tribunal sits will be applied, UNLESS the tribunal's rules provide otherwise. |
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Term
| Rule 8.5 (b)(2): Choice of Law in Disciplinary Proceedings |
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Definition
| For any other conduct, the rules of the jurisdiction in which the conduct occurred will apply, BUT if the predominant effect of the conduct is in some other jursdiction, that jursidiction's rules will apply. A lawyer will NOT be subject to discipline if her conduct is proper in the jursidction in which she reasonably believes the predominant effect of her conduct will occur. |
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Term
| Rule 5.5(a): Unauthorized Practice and Multi-Jurisdictional Practice |
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Definition
The rule against unauthorized pracitce of law has TWO prongs:
(i) A lawyer is subject to discipline for practicing in a jurisdiction where she is NOT admitted to practice and (ii) a lawyer is subject to discipline for assisting a nonlawyer to engage in the unlicensed practice of law. |
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Term
| Rule 5.5(b): Unauthorized Practice by Lawyer |
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Definition
| A lawyer who is admitted to practie law in one jurisdiction is NOT, without more, authorized to practice in any jurisdiction. Except as allowed by that jursidiction's laws or ethics rules, the unadmitted lawyer MUST NOT: (i) represent that she is admitted to ractice in that jursidiction, or (ii) establish an office or other systematic or continuous presence for the practice of law in that jurisdiction. |
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Term
| Rule 5.5(c): Permissible Types of Temporary Multi-Jurisdictional Practice |
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Definition
If a lawyer is admited to practice in one state, and is NOT disbarred or suspended from practice in any state, then she MAY provide legal services in a second state on a temporary basis in FOUR situations:
1) Association with Local Lawyer
2) Special Permission to Practice in Local Tribunal
3) Mediation or Arbitration Arising Out of Practice in Home State
4) Other Temporary Practice Arising Out of Practice in Home State |
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Term
| Rule 5.5(c)(1): Association with a Local Lawyer |
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Definition
| A lawyer MAY practice on a temporary basis in a state in which she is not admitted if she associates with a local lawyer who actively participates in the matter. |
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Term
| Rule 5.5(c)(2): Special Permission to Practice in a Local Tribunal |
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Definition
An out-of-state lawyer MAY request special permission from a local court, administrative agency, or other tribunal to handle a matter in that tribunal. Such permision is commonly called admission "pro hac vice" which means admission for THIS MATTER ONLY. The rules of many states also require association when they grant pro hac vice admission). An out-of-state lawyer who REASONABLY expects to be admitted pro hac vice MAY engage in preliminary activities in teh state, such as meeting with clients, reviewing documents, and interviewing witnesses. |
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Term
| Rule 5.5(c)(3): Meditation or Arbitration Arising Out of Practice in Home State |
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Definition
| A lawyer MAY mediate, arbitrate, or engage in another form of alternative dispute resolution in a state in which she is NOT admitted to practice if her services arise out of, or are reasonably related to, her practice in the state in which she is admitted. |
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Term
| Rule 5.5(c)(4): Other Temporary Practice Arising Out of Practice in Home State |
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Definition
| A catch-all category that permits a lawyer to temporarily practice out of state if the lawyer's out-of-state practice is REASONABLY related to the lawyer's home-state practice. |
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Term
| Permissible Types of Multi-Jurisdictional Practice |
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Definition
| A lawyer who is admitted to practice in one state ONLY and who is NOT disbarred or suspended from practice in any jurisdiction, MAY open a law office and establish a systematic and continuous practice in different jurisdictions when the lawyers are employed by their only client AND when legal services are authorized by federal or local law. |
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Term
| Rule 5.5(d)(1): Lawyers Employed by Their Only Client |
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Definition
| Some lawyers are salaried employees of their only client, e.g., in-house corporate counsel and lawyers employed by the government. They MAY set up a permanent office to reneder legal services to their employer in a state in which they are NOT admitted to practice, BUT if they want to litigate a matter in that state, the MUST seek admission pro hac vice. |
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Term
| Rule 5.5(d)(2): Legal Services Authorized by Federal or Local Law |
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Definition
| in rare instances, federal or local law authorizes a lawyer to practice a restricted branch of law in a state in which he is NOT otherwise admitted to practice. |
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Term
| General Considerations in Defining "Practice of Law" |
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Definition
| Important considerations in determining whether the practice of law is involved include: (i) whther the activity involves knowledge and skill beyond that which the average lay person possesses; (ii) whether the activity constitutes advice or services concerning binding legal rights or remedies; and (iii) whether the activity is one traditionally performed by lawyers. |
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Term
| Activities Constituting Law Practice |
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Definition
| Examples of activities that courts have found constitute law practice when done on behalf of another include: appearing in judicial proceedings; engaging in settlement negotiations; and drafting documents that affect substantial legal rights or obligations. Preparing an estate plan is generally considered the province of lawyers, and some courts have also heald that nonlawyer clinics on how to obtain a low-cost divorce consitute unauthorized practice. |
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Term
| Activities NOT Constituting Law Practice |
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Definition
| There are some activities that a nonlawyer may undertake that do NOT constitute the practice of law. While nonlawyers may not DRAFT legal documents, they can act as scriveners, filling in the blanks on standard forms. Thus, real estate brokers, title insturance companyies, and escrow companies are usually permitted to fill in the blanks on standard documents related to the sale of real property. Nonlawyers can calso publish books or pamphlets offering general advice. |
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Term
| Consequences of Unauthorized Practice |
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Definition
| A non-lawyer who engages in the unauthorized practice of law is subject to several sanctions, incluidng injunction, contempt, and criminal conviction. A lawyer who assists in such an endeavor is subject to professional discipline. |
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Term
| Rule 5.5 Comment 2: Delegating Work to Nonlawyer Assistants |
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Definition
| A lawyer is allowed to delegate tasks to a paralegal, law clerk, or student intern... BUT the lawyer MUST supervise the delegated work carefully and is ULTIMATELY RESPONSIBLE for the results. |
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Term
| Rule 5.5 Comment 3: Training Nonlawyers for Law-Related Work |
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Definition
| A lawyer MAY advise and instruct non-lawyers whose employment requires a knowledge ofthe law-- e.g., claims adjusters, social workers, trust officers, accountants, and government employees. |
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Term
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Definition
| A lawyer MAY advise a person who wishes to appear pro se, or on their own behalf, in a legal matter |
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Term
| Volating Rule 5.5(a): Assisting a Suspended or Disbarred Lawyer |
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Definition
| A lawyer violates Rule 5.5 (a) if he assists a lawyer whose license has been suspended or revoked in practicing law. It is proper to hire a suspended or disbared lawyer to do wor that a layperson is permitted to do, but the suspended or disbarred lawyer MUST NOT be permitted to do any work that constitutes the practice of law. |
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