PR SU2008--Dz Outline

PR SU2008--Dz Outline - I. Exam, Education, Age,...

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I. Exam, Education, Age, Citizenship, Residency, and In-State Office Requirements; Pro hac Vice Admission A. History of the ABA and Model Code 1. Can be traced to common law history: a. lawyers were trained through the apprentice system b. The system was controlled by the judiciary and lawyers had to be approved by judges to practice in different courts. 2. In the 1800’s Oil and Gas lawyers united to share work product a. Formed the ABA 1) Represent legal practitioners in the US 2) Have no real power b. ABA did two things 1) Told states they wanted an integrated bar system a) Exists today in about 45 states. 2) Drafted model codes and tried to get states to adopt them a) Texas: has refused to go along with Model Rules. b) Various codes (1) 1908: First code. Cannon of ethics with absolute rights and wrongs. (2) 1968: Cannons, disciplinary rules, and ethical considerations. (a) Disciplinary rules: bright line rules must be followed. (b) Ethical Considerations: elaborations that you don’t have to follow. (3) Model Rules 1983: contain text (binding) and comments (optional). (a) Must/shall, must not/shall not: imperatives subject to discipline; ethical are should/should not. (4) Model Rules 2002 Revision (E2K): mindful of technological developments (5) 30 states have adopted E2K, though some have variations 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. D. Admission to bar, admission to practice law 1. Each state can set its own rules to become a lawyer; most states have the following requirements: a. Mandatory State Bar Membership b. Age requirement : 18-20. This is usually not a problem b/c need an undergraduate degree + 3 yrs of law school to apply under the education requirement c. Education requirement: 1) Has withstood any constitutional challenges 2) CA is the only state that still allows other alternatives, such as apprenticeship
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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 Outline - I. Exam, Education, Age,...

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