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Model Rules of Prof’l Conduct Preamble [10] (Am. Bar Ass’n 2016); 7 Am. Jur. 2d Attorneys at Law § 2, Westlaw (database updated May 2018).
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1Are the state judiciaries the primary regulators of lawyers and the legal profession in each state?
Are the state judiciaries the primary regulators of lawyers and the legal profession in each state?2In addition to being regulated by the state judiciaries, are lawyers also regulated by other authorities?
In addition to being regulated by the state judiciaries, are lawyers also regulated by other authorities?3What is a state bar association?
What is a state bar association?4What is the difference between an integrated state bar and a permissive state bar?
What is the difference between an integrated state bar and a permissive state bar?5In regulating lawyers, do state regulatory authorities often delegate administrative duties to state bar associations or other administrative bodies?
In regulating lawyers, do state regulatory authorities often delegate administrative duties to state bar associations or other administrative bodies?6What are the Model Rules of Professional Conduct?
What are the Model Rules of Professional Conduct?7Does the ABA regulate lawyers directly through the MRPC?
Does the ABA regulate lawyers directly through the MRPC?8Has every state either adopted the MRPC or patterned its ethical rules closely after the MRPC?
Has every state either adopted the MRPC or patterned its ethical rules closely after the MRPC?9For purposes of the MRPC, does the term “person” refer to both a natural person and an artificial entity?
For purposes of the MRPC, does the term “person” refer to both a natural person and an artificial entity?10In general, how are standards of professional conduct for lawyers promulgated in the federal district courts?
In general, how are standards of professional conduct for lawyers promulgated in the federal district courts?11Does the law of each state define what constitutes the practice of law in that state?
Does the law of each state define what constitutes the practice of law in that state?12Does each state regulate the admission of lawyers to practice in that state?
Does each state regulate the admission of lawyers to practice in that state?13In general, are states free to set their own standards for admitting lawyers to practice?
In general, are states free to set their own standards for admitting lawyers to practice?14In general, may each state require an applicant to pass a written bar examination before being admitted to practice law?
In general, may each state require an applicant to pass a written bar examination before being admitted to practice law?15May a state deny a person admission to the practice of law because that person resides in another state?
May a state deny a person admission to the practice of law because that person resides in another state?16May a state require an applicant for bar admission to take an oath to uphold the state and federal laws and constitutions?
May a state require an applicant for bar admission to take an oath to uphold the state and federal laws and constitutions?17Must an applicant for admission to a state bar respond truthfully to all demands for information from the bar-admission authorities?
Must an applicant for admission to a state bar respond truthfully to all demands for information from the bar-admission authorities?18Under what circumstances does a person act knowingly in making a false statement, failing to correct a false impression, or failing to provide info...
Under what circumstances does a person act knowingly in making a false statement, failing to correct a false impression, or failing to provide information in connection with an application for bar admission?19An applicant for admission to a state bar made a truthful statement about a material fact in his application. The applicant later realized that the...
An applicant for admission to a state bar made a truthful statement about a material fact in his application. The applicant later realized that the admissions committee had misunderstood the statement.Must the applicant correct the misunderstanding with the admissions committee?20In general, may a state require that an applicant for bar admission be of good character and morally fit to practice law?
In general, may a state require that an applicant for bar admission be of good character and morally fit to practice law?21Does every state require a bar applicant to demonstrate his good character and fitness to practice law?
Does every state require a bar applicant to demonstrate his good character and fitness to practice law?22May a state bar-admission authority require a bar applicant to complete an application or affidavit detailing the applicant’s personal and professi...
May a state bar-admission authority require a bar applicant to complete an application or affidavit detailing the applicant’s personal and professional history to demonstrate that the applicant has suitably good character and fitness to practice law?23In general, is any single improper action in a bar applicant’s past likely to be an automatic reason for permanent denial of admission to the bar?
In general, is any single improper action in a bar applicant’s past likely to be an automatic reason for permanent denial of admission to the bar?24In assessing an applicant’s character and fitness, may a bar-admission authority consider criminal conduct with which an applicant was charged, but...
In assessing an applicant’s character and fitness, may a bar-admission authority consider criminal conduct with which an applicant was charged, but of which the applicant was not convicted?25In assessing an applicant’s character and fitness, may a bar-admission authority consider an applicant’s history of drug or alcohol dependency?
In assessing an applicant’s character and fitness, may a bar-admission authority consider an applicant’s history of drug or alcohol dependency?26In assessing an applicant’s character and fitness, may a bar-admission authority consider academic misconduct and other behavior involving fraud, d...
In assessing an applicant’s character and fitness, may a bar-admission authority consider academic misconduct and other behavior involving fraud, dishonesty, or deceit?27In assessing an applicant’s character and fitness, may a bar-admission authority consider an applicant’s mental-health status or history?
In assessing an applicant’s character and fitness, may a bar-admission authority consider an applicant’s mental-health status or history?28In general, may a state deny a person admission to the practice of law based on that person’s political beliefs?
In general, may a state deny a person admission to the practice of law based on that person’s political beliefs?29Does an applicant for admission to a state bar have a right to due process of law in the application proceedings?
Does an applicant for admission to a state bar have a right to due process of law in the application proceedings?30In general, does an applicant for admission to a state bar have a right to appeal a denial of her application?
In general, does an applicant for admission to a state bar have a right to appeal a denial of her application?31What are the seven major categories of lawyer misconduct under the MRPC?
What are the seven major categories of lawyer misconduct under the MRPC?32Under what circumstances is a lawyer subject to the disciplinary authority of a particular jurisdiction?
Under what circumstances is a lawyer subject to the disciplinary authority of a particular jurisdiction?33If a lawyer’s conduct is subject to discipline in multiple jurisdictions, which jurisdiction’s rules of professional conduct should the disciplinin...
If a lawyer’s conduct is subject to discipline in multiple jurisdictions, which jurisdiction’s rules of professional conduct should the disciplining authority apply?34In general, if a lawyer’s conduct complies with the rules of professional conduct of a jurisdiction in which the lawyer reasonably believes the con...
In general, if a lawyer’s conduct complies with the rules of professional conduct of a jurisdiction in which the lawyer reasonably believes the conduct will have its primary effect, may the lawyer be disciplined for that conduct?35What are the Model Rules for Lawyer Disciplinary Enforcement?
What are the Model Rules for Lawyer Disciplinary Enforcement?36May a lawyer be formally disciplined for violating or attempting to violate a jurisdiction’s rules of professional conduct?
May a lawyer be formally disciplined for violating or attempting to violate a jurisdiction’s rules of professional conduct?37In general, what are the four steps in the process of disciplining an attorney for misconduct?
In general, what are the four steps in the process of disciplining an attorney for misconduct?38In the context of lawyer discipline, what are reprimands?
In the context of lawyer discipline, what are reprimands?39In the context of lawyer discipline, what is a suspension?
In the context of lawyer discipline, what is a suspension?40What is disbarment?
What is disbarment?41What are the four most common forms of discipline for lawyer misconduct?
What are the four most common forms of discipline for lawyer misconduct?42Does a lawyer have a duty to respond truthfully to any inquiry in a disciplinary matter?
Does a lawyer have a duty to respond truthfully to any inquiry in a disciplinary matter?43Does a lawyer’s duty to respond truthfully to questions in a disciplinary matter supersede the lawyer’s privilege against self-incrimination under...
Does a lawyer’s duty to respond truthfully to questions in a disciplinary matter supersede the lawyer’s privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution?44Is a lawyer who represents another lawyer in a disciplinary inquiry or proceeding governed by the confidentiality rules applicable to lawyer-client...
Is a lawyer who represents another lawyer in a disciplinary inquiry or proceeding governed by the confidentiality rules applicable to lawyer-client relationships?45Under what circumstances is a lawyer required to report misconduct by another lawyer, or by a judge, to the appropriate disciplinary authority?
Under what circumstances is a lawyer required to report misconduct by another lawyer, or by a judge, to the appropriate disciplinary authority?46Must a lawyer report any and all violations of the rules of professional conduct that the lawyer has observed another lawyer or a judge commit?
Must a lawyer report any and all violations of the rules of professional conduct that the lawyer has observed another lawyer or a judge commit?47A junior lawyer discovered that his supervising lawyer had been going to a local bar each night, getting drunk, and talking loudly about confidenti...
A junior lawyer discovered that his supervising lawyer had been going to a local bar each night, getting drunk, and talking loudly about confidential aspects of a client’s case. The supervising lawyer’s conduct violated the jurisdiction’s rules of professional conduct regarding confidentiality of client matters.Must the junior lawyer report his supervising lawyer to the appropriate professional authority?48A judge was enrolled in a bar-approved lawyers’ assistance program meant to assist judges and lawyers in addressing difficult personal circumstance...
A judge was enrolled in a bar-approved lawyers’ assistance program meant to assist judges and lawyers in addressing difficult personal circumstances. One night at a group meeting, the judge confessed that in the past he would drink brandy to get himself through particularly busy hearing days. The judge’s drinking was a violation of the applicable rules of judicial conduct that raised a serious question about the judge’s fitness for office. Another attendee at the group meeting, a lawyer, heard this information.Is the lawyer required to report the judge’s misconduct?49In general, may someone who is not a lawyer engage in the practice of law?
In general, may someone who is not a lawyer engage in the practice of law?50In general, to practice law in a jurisdiction, must a lawyer be explicitly authorized to practice in that jurisdiction?
In general, to practice law in a jurisdiction, must a lawyer be explicitly authorized to practice in that jurisdiction?51Under what circumstances does a lawyer engage in the unauthorized practice of law?
Under what circumstances does a lawyer engage in the unauthorized practice of law?52Are some activities that require little or no legal judgment considered to fall outside the definition of the practice of law, even though those ac...
Are some activities that require little or no legal judgment considered to fall outside the definition of the practice of law, even though those activities may be related to legal proceedings?53Do the rules against the unauthorized practice of law generally prohibit representing oneself, filling out standardized forms, or acting as a parap...
Do the rules against the unauthorized practice of law generally prohibit representing oneself, filling out standardized forms, or acting as a paraprofessional under the direct supervision of a licensed lawyer?54A lawyer employed a paralegal. The paralegal sometimes drafted various legal documents for the lawyer. The lawyer always supervised the paralegal’s...
A lawyer employed a paralegal. The paralegal sometimes drafted various legal documents for the lawyer. The lawyer always supervised the paralegal’s work and reviewed the documents before using them.By drafting the legal documents, has the paralegal engaged in the unauthorized practice of law?55If a lawyer is not admitted to practice in a jurisdiction, may the lawyer establish an office in that jurisdiction for the practice of law or hold ...
If a lawyer is not admitted to practice in a jurisdiction, may the lawyer establish an office in that jurisdiction for the practice of law or hold himself out to the public as a lawyer admitted to practice law in that jurisdiction?56What is an admission to practice law pro hac vice?
What is an admission to practice law pro hac vice?57May a lawyer who is in good standing in a state in which he is admitted to practice sometimes practice law temporarily in another state in which he...
May a lawyer who is in good standing in a state in which he is admitted to practice sometimes practice law temporarily in another state in which he is not admitted to practice?58Are there circumstances in which a lawyer may practice law outside of a state in which she has been admitted to practice, even if she does so on mo...
Are there circumstances in which a lawyer may practice law outside of a state in which she has been admitted to practice, even if she does so on more than a temporary basis?59A lawyer was admitted to practice in State A. The lawyer received a call from his law school classmate, who was a lawyer admitted to practice in St...
A lawyer was admitted to practice in State A. The lawyer received a call from his law school classmate, who was a lawyer admitted to practice in State B. The State B lawyer said she had a client who needed to file a complaint against someone in State A. The State B lawyer asked the State A lawyer if she could put the State A lawyer’s name on the complaint, so the State B lawyer could file it in State A. The State B lawyer assured the State A lawyer that he would not need to do any work on the case.May the State A lawyer allow the State B lawyer to put the State A lawyer’s name on the complaint on these terms?60What is the definition of a law firm under the MRPC?
What is the definition of a law firm under the MRPC?61In general, may a lawyer or law firm share legal fees with a nonlawyer?
In general, may a lawyer or law firm share legal fees with a nonlawyer?62Are there any circumstances in which a lawyer or law firm may share legal fees with nonlawyers?
Are there any circumstances in which a lawyer or law firm may share legal fees with nonlawyers?63A plaintiff suffered serious injury in a car accident caused by a defendant’s negligence. The plaintiff’s close friend, who was not a lawyer, recom...
A plaintiff suffered serious injury in a car accident caused by a defendant’s negligence. The plaintiff’s close friend, who was not a lawyer, recommended a lawyer to the plaintiff. The plaintiff hired the lawyer, sued the defendant, and prevailed. The court awarded the lawyer $30,000 in legal fees. Soon after, the lawyer mailed the plaintiff’s friend a check for $1,000. The check’s memo line included the word “Referral.” The lawyer sent a note with the check thanking the friend for the referral and indicating that the $1,000 was a cut of the lawyer’s fees as a token of gratitude. Later, a disciplinary action was initiated against the lawyer alleging that the lawyer had impermissibly shared legal fees with a nonlawyer. In defense, the lawyer argued that he was permitted to share his legal fees with the plaintiff’s friend.Is the lawyer correct?64May a lawyer enter into a partnership with a nonlawyer if the business of the partnership will include the practice of law?
May a lawyer enter into a partnership with a nonlawyer if the business of the partnership will include the practice of law?65If a person recommends, employs, or pays a lawyer to provide legal services for someone else, may the person who hired or referred the lawyer direc...
If a person recommends, employs, or pays a lawyer to provide legal services for someone else, may the person who hired or referred the lawyer direct or otherwise regulate the lawyer’s professional judgment in rendering those legal services?66A mother hired a lawyer to represent her son, who had been accused of driving while intoxicated. The mother repeatedly directed the lawyer to take ...
A mother hired a lawyer to represent her son, who had been accused of driving while intoxicated. The mother repeatedly directed the lawyer to take an aggressive negotiating stance with the prosecutor, but the lawyer thought the son should instead take a plea deal that the prosecutor had offered. Should the lawyer advise the son to take the plea deal?67If a lawyer practices with or as a professional corporation or other for-profit entity, are there ethical restrictions on the role of nonlawyers in...
If a lawyer practices with or as a professional corporation or other for-profit entity, are there ethical restrictions on the role of nonlawyers in the management or ownership of that entity?68Does a law-firm partner, or a lawyer with comparable managerial authority within the firm, have any responsibility to ensure the ethical compliance...
Does a law-firm partner, or a lawyer with comparable managerial authority within the firm, have any responsibility to ensure the ethical compliance of other lawyers within the firm?69If one lawyer directly supervises another lawyer, what responsibility does the supervising lawyer have to ensure that the other lawyer complies wit...
If one lawyer directly supervises another lawyer, what responsibility does the supervising lawyer have to ensure that the other lawyer complies with the rules of professional conduct?70Under what circumstances is one lawyer responsible for another lawyer’s violation of the rules of professional conduct?
Under what circumstances is one lawyer responsible for another lawyer’s violation of the rules of professional conduct?71Is a lawyer generally bound by the rules of professional conduct even if the lawyer is acting at the direction of another lawyer?
Is a lawyer generally bound by the rules of professional conduct even if the lawyer is acting at the direction of another lawyer?72Do lawyers have any responsibility to promote ethical behavior by nonlawyer assistants, such as paralegals, law clerks, or administrative employees?
Do lawyers have any responsibility to promote ethical behavior by nonlawyer assistants, such as paralegals, law clerks, or administrative employees?73May a lawyer sometimes be held responsible for acts of a nonlawyer assistant that would violate the rules of professional conduct if committed by a...
May a lawyer sometimes be held responsible for acts of a nonlawyer assistant that would violate the rules of professional conduct if committed by a lawyer?74A junior lawyer in a law firm supervised a secretary, who was not a lawyer. The secretary began embezzling funds from the lawyer’s client trust acc...
A junior lawyer in a law firm supervised a secretary, who was not a lawyer. The secretary began embezzling funds from the lawyer’s client trust account without the lawyer’s knowledge. Had the secretary been a lawyer, this activity would have violated the rules of professional conduct. When the lawyer became aware of the secretary’s actions, the lawyer immediately fired the secretary and paid back the missing funds.Under the rules of professional responsibility, may the lawyer be held responsible for the secretary’s misconduct?75In general, may a lawyer participate in offering or making a business, employment, or other agreement that restricts a lawyer’s right to practice l...
In general, may a lawyer participate in offering or making a business, employment, or other agreement that restricts a lawyer’s right to practice law after the underlying relationship has ended?76May a lawyer participate in offering or making an agreement in which the lawyer agrees to restrict her practice of law as part of the settlement of...
May a lawyer participate in offering or making an agreement in which the lawyer agrees to restrict her practice of law as part of the settlement of a client’s legal matter?77Does the rule against agreements limiting a lawyer’s right to practice law apply to the sale of a law practice?
Does the rule against agreements limiting a lawyer’s right to practice law apply to the sale of a law practice?78A client retained a lawyer to represent her in a medical-malpractice claim against a doctor. The doctor indicated that he was willing to settle, bu...
A client retained a lawyer to represent her in a medical-malpractice claim against a doctor. The doctor indicated that he was willing to settle, but the doctor asked for an assurance from the lawyer that the lawyer would not undertake future, similar claims against him on behalf of other clients.May the lawyer provide this assurance to the doctor?79A very prestigious law firm realized that it had an excellent negotiating position in recruiting lawyers, because so many lawyers wanted to work fo...
A very prestigious law firm realized that it had an excellent negotiating position in recruiting lawyers, because so many lawyers wanted to work for the firm. The law firm started requiring each new lawyer it hired to sign a noncompete agreement that restricted the lawyer’s ability to practice within 100 miles of the city in which the law firm was located for a period of three years after leaving the law firm.Is the law firm permitted to require the lawyers to sign the noncompete agreements?