Random Mix

Question 1

Who has the inherent authority to regulate the legal profession?

Answer 1

The highest court in the state.

Question 2

Are you subject to discipline in the state you are barred if the conduct occurred elsewhere?

Answer 2

Yes

Question 3

Under what 4 situations can a lawyer practice outside in a state not admitted?

Answer 3

1. Admitted Pro Hac Vice
2. Associates with local lawyer
3. Mediating/Arbitrating a dispute arising out of her home practice
4. her out of state practice is reasonably related to her home practice

Question 4

What should a character and fitness candidate do if they cannot remember all of the places they have lived?

Answer 4

They should explain that on the form.

Question 5

Can you report a lawyer for misconduct if you learn about it through a client’s priviledged communication?

Answer 5

No - must respect the privacy of the information unless client states otherwise.

Question 6

Can a corporate lawyer employed by a company open office in a state where they are not admitted?

Answer 6

Yes but that corp must be their only client.

Question 7

Can a corporate lawyer employed by a company as in house litigate in a state where they are not admitted?

Answer 7

No - must be admitted pro hac vice.

Question 8

Can a lawyer and client agree early on to arbitrate their matters in an engagement letter even if preprinted?

Answer 8

Yes

Question 9

Is the hours spent the only factor used in determining the reasonable of a fee?

Answer 9

No - years of experience, expertise, reputation, etc. are all used to justify an hourly rate.

Question 10

What is required for lawyers to split a fee?

Answer 10

1. Fee is reasonable
2. the split is proportionate to the work done
3. Client agrees to the split in writing

Question 11

What can a lawyer do it there is a dispute between the lawyer and client on a tactical matter?

Answer 11

If they cannot resolve it, the lawyer may withdraw or client can fire them.