Regulation of the Legal Profession

Introduction to Legal Ethics

• Legal ethics: rules of professional conduct for practicing attorneys.
• Govern conduct with clients, courts, and third parties.
• Ensure integrity and responsibilities of a lawyer.
• Sources: American Bar Association's Model Rules, state courts, Bar associations.
• Vary by jurisdiction but based on ABA's Model Rules.

Admission Requirements

• Graduate college and ABA-approved law school.
• Sit for the bar examination (two parts: multistate and state-specific tests).
• Uniform Bar Examination (UBE) replacing state-specific component.
• Pass the Multistate Professional Responsibility Exam (MPRE).
• Character and fitness evaluation required.
• Possible waiver of exam for lawyers in good standing from other states.
• Continuing legal education required post-admission.

Unauthorized Practice of Law

• Only admitted lawyers can practice.
• Practice involves legal advice, document drafting, court representation, and negotiations.
• Non-lawyers may mediate/arbitrate or work under lawyer supervision.
• Paralegals support but do not practice law independently.

Pro Hac Vice Admission

• Temporary practice in another jurisdiction with local lawyer collaboration.
• Requires familiarity with local rules and regulations.

Professional Misconduct

• Violations or attempts to violate ethical rules considered misconduct.
• Obligation to report misconduct known to lawyers.
• Misconduct includes dishonesty, fraud, prejudicial conduct, and discriminatory behavior.

Legal Malpractice

• Duty to provide competent representation.
• Basis for disciplinary action and civil liability if breached.
• Requires demonstrating negligence and causation using expert testimony.

Sanctions and Discipline

• Admonition/reprimand for minor violations.
• Suspension for more serious infractions.
• Disbarment for severe violations like fund misappropriation or practicing under suspension.
• Disciplinary investigations are initiated by complaints and assessed by a board or committee.

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• Focus on the attorney-client relationship and related duties.