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

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
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:
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/27/2010 for the course LAW 0000 taught by Professor Per during the Fall '08 term at Florida Coastal School of Law.

Page1 / 9

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

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online