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BarBri - MPRE Exam

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Regulation of the Legal Profession: American Bar Association
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Terms in this set (101)
Regulation of the Legal Profession: American Bar Association
No disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules
ABA Model Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules
1. Reproval
2. Suspension
3. Disbarment
Reproval
Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension
Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment
Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question)
The lawyer MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules
Advisory, Aspirational, Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question)
It would not be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise
"Judicial" --- Therefore the State Supreme Court is the ultimate authority (within the context of the Federal System) with the power to regulate attorneys, admit them to the practice, and discipline them.
Moral Turpitude
Bad thing
We do not want
Good Moral Character
Good Thing
State Law and Professional Responsibility
State laws supplement the ABA Model Rules of professional conduct
Moral Terpitude
Bad thing
We do not want it
Good Moral Character
Good thing