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OUTLINE-DZIEN SPRING 07 - PR Spring 2007-1 Youju Min PR...

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PR Spring 2007 - 1 - Youju Min PR OUTLINE I. INTRODUCTION A. THE ABA AND THE CODE 1. The ABA : is voluntary group of lawyers. Spokesperson for legal profession. Drafts model codes. 2. Texas : has refused to go along with Model Rules. 3. Various codes a. 1908 : First code. Cannon of ethics with absolute rights and wrongs. b. 1968 : Cannons, disciplinary rules, and ethical considerations. 1. Disciplinary rules : bright line rules must be followed. 2. Ethical Considerations : elaborations that you don’t have to follow. c. Model Rules 1983: contain text (binding) and comments (optional). 1. Must/shall, must not/shall not: imperatives subject to discipline; ethical are should/should not. d. Model Rules 2000 Revision: mindful of technological developments. B. CONSEQUENCES OF BAD BEHAVIOR 1. Disqualification a. Def : being thrown off of a case for bad behavior. b. Application : language very vague, so this was too strict a result. 2. Malpractice a. Def : civil tort for inadequate or unethical representation. b. Increased use : changes in law and attitude; lawyers willing to sue other lawyers. 3. State Bar Discipline a. Authority : the legislature and the Supreme Court 1. Supreme Court: sets up the rules. 2. Legislature: sometimes tries to preempt. Bar asks not to get involved. b. Administration: managed by state bar because too much for SC to handle. c. Range of Punishment: no discipline, private reprimand, public censure, suspension, disbarment. d. Reporting: clients and other lawyers may report to the bar. e. Deals with easy problems, such as: 1. Stealing client funds: intense investigation leading to disbarment . 2. Client neglect cases . 3. Outrageous conduct: i.e. over-billing, taking advantage of poor. C. PROFESSION V. BUSINESS 1. Profession: education; barriers to entry; spirit of public service. 2. Bar Regulation: since the bar allows you into the profession, it can make you give back to the system with pro bono services and ethical behavior. II. GAINING ADMISSION TO THE BAR A. OLD RULE: apprenticeship, oral bar exam. B. EDUCATION 1. Need undergraduate and law degrees. 2. ABA accreditation: bars require. a. Requires three years, library, professors, school, and prefers non-profit schools. b. Number: 150-170 accredited schools. c. Anti-trust: suit made it easier to get accredited. d. Internet schools: test for future; will stress private schools. C. EXAMINATIONS 1. Bar exam : as long as SC sets the passing score, can’t be challenged. 2. National tests : i.e. MPRE, MBE; trend towards national tests. D. RESIDENCY/ CITIZENSHIP 1
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PR Spring 2007 - 2 - Youju Min 1. State May Not Require U.S. Citizenship a. Resident Aliens May Practice: Griffiths 1. Facts: resident aliens with green card legally entitled to live in U.S. 2. Held: states cannot deny resident aliens admission to the bar. 3. Unclear on other foreigners: student visa, foreigners generally, non-resident aliens not addressed; under U.S. law those people can’t look to the Constitution.
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