PR SU2008--Dz Hypos - I. Exam, Education, Age, Citizenship,...

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I. Exam, Education, Age, Citizenship, Residency, and In-State Office Requirements; Pro hac Vice Admission A. Residency—Facial Discrimination 1. Hypo—LA Napoleonic Code : LA is unique in not having common law but being based on the Napoleonic Code; could LA require one year of the study of law in LA before admittance to the bar? a. If it required this just for nonresidents (facially discriminatory), it would probably be held unconstitutional b/c you can study the Napoleonic Code outside LA’s borders b. If it required this of anybody, it might be OK, unless discriminatory impact c. It’s fine to say that if you go to a LA law school, you don’t have to take the LA bar (WI already does this)—it’s so neutral that it’s OK II. Character and fitness to Practice Law A. MR 8.1 Bar Admission and Disciplinary Matters (p. 1153) 1. Hypo—neighbor/friend who is a lawyer as reference : lawyer who is a neighbor if they know about your arrests must answer the question. a. list your neighbor lawyer as reference, they get a letter – cannot throw that letter away (that’s a violation of 8.1(b) to throw it away) b. Likely reason they might not want to respond – they might know something bad about you 2. Hypo—inquiries/misreading by bar re: application : Apply to the bar, send you a letter saying “why did you leave off your dismissal from job at subway” – give you 30 days to respond, you don’t respond: a. Violation of 8.1(b) not to respond b. Had a DWI, disclosed the DWI, you get the inquiry on subway job, talking to person from state bar – he says that he will let the subway thing drop b/c you have not had any problems with alcohol 1) You know there is a misunderstanding here though 2) 8.1 requires you to disclose this misunderstanding 3. Rule 8.1 Requires that if you see the bar has misread your application (or anyone else related to the bar) – you have an obligation to correct it B. Rule 1.6 – Confidentiality of Information (p. 206)– lawyer that represented you are not required to disclose information given in confidence of lawyer/client relationship 1. Some info protected by 1.6 leave those questions blank C. MR 8.4 Misconduct (p. 1188) – applies to lawyers III. Federal Practice IV. Unauthorized Practice of Law and Other Restrictions A. MR 5.4 Professional Independence of a Lawyer (p. 917) 1. Hypo: Lawyer’s will gives legal fees . If a lawyer dies and leaves assets to someone that include legal fees. In a reasonable time, there can be an agreement to turn money over to the estate or beneficiaries. Can’t test us on what a reasonable time is. Must be included in question. But, usually people think this is a year or less. You can’t give lawyer’s spouse or kids an interest in profits, or make them a partner 2. Hypo: Sale of law practice/seller dies: Sale of a law practice under 1.17, seller dies. Can’t say that can’t continue to pay because beneficiary non-lawyer 3. Hypo: Non-lawyers in compensation plans : Lawyer and law firm may include non-lawyer employees in compensation
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This note was uploaded on 08/28/2008 for the course F 385 taught by Professor Dzienkowski during the Summer '08 term at University of Texas at Austin.

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PR SU2008--Dz Hypos - I. Exam, Education, Age, Citizenship,...

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