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Dzie_PR_Fall_06 - TABLE OF CONTENTS I A B C Admission to...

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TABLE OF CONTENTS A. Character and fitness requirements ................................................................................................................................................................. 3 II. (B) Federal Admission to bar: 3 topics ........................................................................................................................................................ 4 I. Duties of a Lawyer to a Client .................................................................................................................................................................... 4 B. MR 3.9 Advocate in Non-adjudicative Proceedings ..................................................................................................................................... 24 Introduction to Model Code of Professional Responsibility: Model Code of Professional Responsibility contains three type of rules: 1. 9 canons - aspirational statements that lawyers should follow: a. talked about loyalty, obligations of confidentiality, avoid appearances of impropriety 2. Under each canon there were ethical considerations were general elaborations of the canons, not mandatory. Specific types of conduct that lawyers should follow. 3. Disciplinary rule - mandatory; lawyers could be disciplined for I. Admission to bar, admission to practice law A. Each state can set its own rules to become a lawyer; most states have the following requirements: 1. Age requirement : 18-20 usually not a problem b/c need an undergraduate degree + 3 yrs of law school to apply under the education requirement 2. Education requirement: a. Has withstood any constitutional challenges b. CA is the only state that still allows other alternatives, such as apprenticeship c. One issue here is ABA requirement that students graduate from ABA accredited law schools 1) The ABA required tenure full time professors, nonprofit institution, affiliation with undergraduate (preferred), and a big library 2) Clinton had the Justice Department sue the ABA under antitrust, so the ABA has backed off on the big library requirement and has been more flexible with part-time programs and internships. ABA has now accredited many more institutions - internet law school? No answers yet. 3) Foreign country - some states look at the education received from the institution and compare it to an ABA accredited law schools. Other states require at least one year of education within the state. LLM education is preferred. 3. Examination requirement a. 3 issues here: 1) Type of bar exam: a) Trend is going to a multi-state exam to fulfill all or a substantial part of the exam: ex: professional responsibility (1) Multiple choice, essay, etc.; But still state-specific exams/questions: e.g. LA is based on the Napoleonic Code and is all essay (2) Standards (a) The trend is toward standardization across the states—today, 35 states use the same standard statisticians to ensure fairness and objectivity multiple choice exam—it is more defensible b/c the developers use professionals and (b) Many states also add a state portion to the exam; CA developed the testing of the ability to draft legal documents 2) Sup. Ct determines how many should pass/fail. Where to draw the line: there is a government exception to antitrust here —the state supreme courts can tell the state bars how many should be able to pass each year via scores. Challenges have failed against this on antitrust grounds.
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