PROutline - Punishments (pg. 20) Disbarment Suspension...

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Punishments (pg. 20) Disbarment Suspension Public Reprimand Private Reprimand Probation Considerations of the Bar committee (pg. 36) 2 ways to be admitted to a bar without passing an exam: Pro Hac Vice: admitted in another state and admitted for a short period Reciprocal admission: waive into it if you’re admitted in another state Chapman Passing bar exam not enough Supreme Court has final say-note change; note form of opinion Burden of proving fitness on applicant Prior bad acts taken seriously Disclosure of prior bad acts necessary but not sufficient Hamm Effect of prior murder Effect of lack of candor Why significant? UNAUTHORIZED PRACTICE OF LAW MR 5.5 Rest. 3.3 Brumbaugh Secretary doing unauthorized divorces What is “The Practice of Law?” Must protect the public Can sell the materials, but CANNOT engage in advising clients Definition of practice of law (page 51) Birbower [page 57] Attorneys authorized in another jurisdiction Did they practice law? Were they incompetent, or likely to be? What should the lawyers have done differently? Who was harmed, benefitted from their "unauthorized practice"? Different outcome under MR, Restatement Note differences, Code, MR, Rest. An attorney barred from practice in a state may not maintain an office in that state, even if it’s just to practice federal law. INCOMPETENCE AND ITS CONSEQUENCES Fed. Rule 60 MR 1.1 Rest. §14, §15 (1) (c) MR 5.1 Bailey : 1
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Lawyer failed to respond to a motion because he was a drunk; client responsible for this; was not an EXCUSED neglect Agency relationship between client/attorney: Clients bound by the errors of their agent, the attorney Rule 60 (b)(1) Duties owed even if no a/c relationship Togstad case Elements of cause of action 1) attorney-client relationship 2) defendant acted negligently (must fall below the standard of care) 3) such acts proximate cause of P’s damages 4) but for D’s conduct, P would have been successful in medical malpractice claim Establishment of a lawyer-client relationship: Rest. §14 Duties owed to non-client beneficiaries Leak-Gilbert Duty owed, but not breached in this case Third parties Equitana Whether errors of judgment are legal is a jury question Breach of fiduciary duty: duty of loyalty and honesty Shumsky : Continuous representation doctrine The statute of limitations for malpractice cases does not start until the continuous representation is over. Only relates to the matter in which the attorney committed the malpractice. Sixth Amendment Strickland : Focus on results of trial Two-part test to determine whether there was ineffective assistance of counsel (pg 125): 1) "serious attorney error:" Counsel not functioning as the counsel guaranteed by 6 th Amendment Judicial scrutiny: highly deferential; Why? 2) Error prejudiced the defense:
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PROutline - Punishments (pg. 20) Disbarment Suspension...

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