Professional Responsible-Nancy Donovan

Professional Responsible-Nancy Donovan - Nancy Donovan...

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Nancy Donovan Professional Responsibility Prof. Barrett Spring 2002 I. Making “Professionals” NY ECs 1-1, 1-2, 1-3; DRs 1-101 and 1-102 MR 8.1 and Comments NY CPR ECs 1-1 —A basic tenet of the professional responsibility of lawyers is that every person in our society should have ready access to the independent professional services of a lawyer of integrity and competence . Maintaining the integrity and improving the competence of the bar to meet the highest standards is the ethical responsibility of every lawyer. 1-2 —The public should be protected form those who are not qualified to be lawyers by reason of a deficiency in education or moral standards or of other relevant factors but who nevertheless seek to practice law. To assure the maintenance of high moral and educational standards of the legal profession, lawyers should affirmatively assist courts and other appropriate bodies in promulgating, enforcing, and improving requirements for admission to the bar. In like manner, the bar has a positive obligation to aid in the continued improvement of all phases of pre-admission and post-admission legal education. 1-3 —Before recommending an applicant for admission, a lawyer should be satisfied that the applicant is of good moral character. Although a lawyer should not become a self- appointed investigator or judge of applicants for admission, the lawyer should report to proper officials all unfavorable information the lawyer possesses relating to the character or other qualifications of an applicant. a Should be satisfied, not must be satisfied; and should report to the bar, not must report to the bar. DR 1-101 M AINTAINING I NTEGRITY AND C OMPETENCE OF THE L EGAL P ROFESSION A. A LAWYER IS SUBJECT TO DISCIPLINE IF THE LAWYER HAS MADE A MATERIALLY FALSE STATEMENT IN , OR HAS DELIBERATELY FAILED TO DISCLOSE A MATERIAL FACT REQUESTED IN CONNECTION WITH , THE LAWYER S APPLICATION FOR ADMISSION TO THE BAR . B. A LAWYER SHALL NOT FURTHER THE APPLICATION FOR ADMISSION TO THE BAR OF ANOTHER PERSON THAT THE LAWYER KNOWS TO BE UNQUALIFIED IN RESPECT TO CHARACTER , EDUCATION , OR OTHER RELEVANT ATTRIBUTE . a Subject to discipline if you lie or omit on your application, but not for another. Admission to the practice of law In most states to be admitted to the practice of law, a person must have successfully completed college and law school, passed a bar examination, and submitted to a bar admission committee an application for admission, which generally includes proof of good moral character. Duty to be candid in connection with your application
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DR 1-101(a) - a lawyer is subject to discipline if the lawyer has made a materially false statement in, or has deliberately failed to disclose a material fact requested in connection with, the lawyer’s application for admission to the bar.
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