MPRE

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U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law.

What is rationally related?

What is NOT rational?

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The supervisor knew of misconduct at a time when consequences can be avoided or mitigated and the lawyer didn't do anything about it and the lawyer fails to take reasonable remedial action.
OR
if the violation raises a substantial question of character and the supervisor either ordered or ratified the conduct.

If you're a subordinate, you're not responsible for your acts if:

1) you were told to do it
2) its at least arguable that what you did you thought was okay to do.

Unauthorized practice of law; The following activities require a license (and constitute the "practice of law").

What activities don't need a license?

1) appearing in court or depositions
2) drafting legal documents that affect substantial client rights (ok if lawyer signs off)
3) Negotiate settlements

These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos

Fee division with a non lawyer, General Rule?

General Rule: Don't do it

Exceptions:

1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or bonus plans

Also: Lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.

The law firm and other forms of practice

Lawyers must not imply that they are partners or otherwise associated with each other in a law firm unless they really are. As to the public, the law firm includes lawyers who frequently consult, work jointly, and have access to each other's files.

Who can be partners in a law firm?

Only lawyer can be partners, or officers if we're dealing with a corporation, if any part of the partnership business is the practice of law.

Except: Shareholders and it's only temporary by operation of law.

Relationship of the Dual Profession Lawyer with Non-Lawyers

* Dual Professions: It's okay

BUT, you can't you your dual to solicit legal business.

Attorney/client privilege does not apply in the dual profession.

Law related services

OK to provide services reasonably performed in conjunction with and related to legal services

Note: Non-legal and legal provided together: the rules apply to both.

Non-legal services provided by entity controlled by the lawyer

Lawyer must assure that client knows of their interest and that it is not legal services. Failure to do so will mean: the rules apply to everything.

Restrictions on the right to practice

Generally: Can't do it

Exceptions:

1) Retirement
2) To settle a claim between firm and attorney

Lawyer's ability to reject cases

Generally: Lawyer's have general freedom to reject cases.

Exceptions:
Lawyer SHOULD take clients who are "Defenseless or oppressed."

Lawyers SHOULD do their "Fair share" of pro bono (50 hours per year recommended).

Appointments

Lawyer MUST take those cases, Except:

1) unreasonable financial burden

MPRE

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