Legal Profession
Terms
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- Requirements for admission to the Bar
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1)Graduation from and accredited law school
2)Pass the Bar
3)Satisfy the character and fitness requirements - An applicant for admission to the bar OR L in bar admission application or disciplinary matters shall not:
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1) Knowingly make a false statement of material fact; OR
2) fail to disclose a fact known that is necessary to correct a misapprehension or fail to repsond to a lawful for information - Knowingly means....
- Actual knowledge
- Bar Admission vs. Lawyer Discipline
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1) Standard is higher for admission (both substantively and procedurally)
2)Burden of proof not on L in disciplinary case
3) Burden is on applicant to prove good character and fitness - Purpose of character and fitness exam:
- To develop information to determine if 1)the app is fit for the practice or law; or 2)likely to violate the rules of legal practice.
- Factors considered when assessing behavior for character and fitness exam:
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1) Seriousness of the behavior
2) remoteness- more recent behavior is worse
3) Age when behavior occurred - Dishonesty for failing to admit something bar application...
- can be construed as an attempt to conceal and that alone is enough to deny admission
- Regarding disciplinary actions: Distinction between offenses that are law breaking and professional offenses
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1) Should be liable only for those offenses that are applicable to law practice such as honesty
2) repeated offenses are considered
3) a L can be disciplined for misconduct that has nothing to do with teh practice of law - "Material" means
- a fact that the admissions committee is trying ot find out and is relevant to the character and fitness to practice law.
- Exceptions to knowingly failing to repsond to an admissions authority
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1) 5th admendment issue
2) COnfidentiality issue
3) protected by rule 1.6
Must not ignore - but explain failure to disclose - Duty to volunteer information to an admission committee
- Generally no duty when there has been no request for information
- Lawyer's Assistance Program...
- sponsored by the Bar to aid Ls who are depressed, drinking, stressed Not required to disclose info learned when working as part of LAP
- Competent representation includes:
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1)legal knowledge
2)Skill
3) thoroughness
4) preparation reasonably repsonsible for the representation - Definition of knowledge of impairment of anotehr lawyer
- actual knowledge about facts in questions from 1) personal observation 2) information from a reliable source 3)information through investigation or 4) from the admittance of lawyer
- Situations where lawyer is required to decline representation
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1) too busy
2) not competent to handle the problem
3) firm already represents a client with an adverse interest