Prof Resp - Outline

Prof Resp - Outline - Prof Resp - Outline Professor Ellen...

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Prof Resp - Outline www.swapnotes.com Page 1 of 42 Professor Ellen Yaroshefsky Spring 2006 A. Possible Client Suits 1. Legal Malpractice -any mistake by a lawyer that wouldn’t have been made by an ordinarily competent and diligent lawyer in the same circumstances i. Rare for client to win b/c client needs to prove : 1. Client would have won the case AND 2. But for lawyer’s mistake, client would’ve recovered 2. Breach of K 3. Breach of fiduciary Duty- need to show lawyer breached the trust i. Fiduciary- s/o who assumes a position of trust in relation to another 1. Fiduciaries owe special duties not to misuse property or information that has been entrusted to them, must place the interests of the other above their own interest, and must act in good faith on the other’s behalf. 2. Look at standard: what the reasonable lawyer would have done. If lawyer didn’t do that, client wins. 4. Page 42-Chart: What Law Governs Lawyers B. Admission to Practice 1. Requirements for Admission i. If admitted to the bar in one state, but seek admission to litigate 1 case, may be admitted pro hac vice by association with a lawyer admitted in the state. ii. List things that you may want to exclude b/c candor matters b/c honesty shows good moral character. iii. Bar requires a lot of info: mental conditions, all employment, arrests, outstanding traffic violations, child support, drugs 2. The Bar Examination i. Some states allow candidates to waive in to the bar if they pay a fee, have practiced for a specified number of years in another state, and satisfy character and fitness requirements. 3. The Character and Fitness Inquiry i. Fighting Issue : Whether such an extensive inquiry is required? ii. Mental Health: most states have narrowed their Q to ask about mental illness that required hospitalization or that involved psychotic disorders iii. Pg 55-Rose Gower -hospitalized for 2 weeks after high school for depression-deaths of close pp and attempted suicide of friend 1. Letter to the bar was inflammatory and appears to be challenging them not to admit her. She may be right, but know your audience—talking to the bar admissions board! 2. It is reasonable for the bar to inquire and once establish through dr records that it was situational and there were no indications after that she isn’t okay, they should have an expedited admission process for her b/c to us, it seems that it took much too long for her to get admission. iv. In Re Mustafa-57 -used moot court $ for personal reasons and said that he intended to pay it back and did pay it back Æ denied
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Prof Resp - Outline www.swapnotes.com Page 2 of 42 Professor Ellen Yaroshefsky Spring 2006 admission b/c found he didn’t have good moral character. Later admitted and disbarred b/c committed 4-5 acts of misconduct. 1.
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Prof Resp - Outline - Prof Resp - Outline Professor Ellen...

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