barbri_outline_-_ny_(2005)_-_professional_responsibility -...

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Professional Responsibility 1 P ROFESSIONAL R ESPONSIBILITY I. General Matters A. New York Code of Professional Responsibility (a modified version of the old ABA code) Canons - Broad statements of norms 1. Disciplinary Rules (DR’s) – must rules (subject to discipline for a violation). 2. Ethical considerations (EC’s) – should rules (cannot be disciplined for a violation) Compliants investigated by Departmental Disciplinary Committee. Filing a complaint against a lawyer is privileged. Degree of penalties: Letter of admonition Public or Private Censure Suspension Disbarment You can sit for the bar if you completed 1 yr law school and work in a law office so you aggregate 4 yrs experience. NY can refuse to admit you if you refuse to take oath to uphold NY and Federal Constitution. Reciprocity The other state allows reciprocity You practiced law for atleast 5 of the last 7 years You must truthfully disclose You have an affirmative duty to report on bad character of an applicant. Unauthorized practice in another state: 1. You align with a local lawyer 2. Ask to be admitted pro hac vice (for this one time only) Multistate firms B. Misconduct – a lawyer or a law firm shall not: 1. Violate a DR (e.g. no contact rule – a lawyer cannot communicate with a represented party on the subject matter of representation) 2. Circumvent a DR through actions of another (e.g. hire a non-lawyer to circumvent the no contact rule) 3. Engage in illegal conduct that adversely reflects on the lawyer’s honesty, trustworthiness, or fitness as a lawyer (e.g. assist in perjury) 4. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation (need not be illegal) 5. Engage in conduct that is prejudicial to the administration of justice (e.g. this is what Clinton did) 6. Unlawful discrimination in the practice of law (e.g. discriminating in hiring/firing of lawyers) 7. Engage in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer (e.g. smoking pot) C. Reporting Misconduct 1. Duty to report – a lawyer must report another lawyer’s violations of DR (i.e. violation that raises substantial question as to the attorney’s fitness as a lawyer). Must sign your name and be available to testify against the person. You cannot negotiate away your duty to report bad conduct (i.e. tell lawyer to pay client and you won’t report him) a. EXCEPT for confidences & secrets (i.e. learn about violation through context of the representation) b. Lawyer fired for reporting – can bring a action for wrongful firing 2. Duty of cooperation – if called to testify by a grievance committee, a lawyer has a duty to cooperate & reveal information not protected as a confidence or secret D. Responsibilities of Supervisory Lawyers and Subordinate Lawyers 1. Law firm – shall make efforts to ensure that all lawyers comply with DR’s 2. Supervisory lawyers – have the same duty as subordinate lawyers 3. Subordinate lawyers – must obey DR’s, even if acting at superiors’ direction (no defense of following orders)
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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.

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barbri_outline_-_ny_(2005)_-_professional_responsibility -...

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