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Material Covered in Assignment 9-1

This article examines the standards for legal education and bar admission, and their impact on ensuring competent and ethical lawyers. It explores whether consumers can rely on lawyers to be competent and ethical, and if the regulations in place are sufficient. The article also delves into the character and fitness requirements for lawyers, and their significance in consumer protection.

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Material Covered in Assignment 9-1

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  1. Material Covered in Assignment 9-1 I. THE PROFESSIONAL PRIVILEGE (p. 912) A. Review of Professionalism & Unauthorized Practice (p. 912) B. Do the Standards for [Legal Education (inputs)] Bar Admissionand Discipline Guarantee that Lawyers Meet the Standards Necessary to Justify Unauthorized Practice of Law Prohibitions? (p. 913) 1. Can Consumers Rely on Lawyers to be Competent?(p. 913) 9-1 to 9-9 2. Can Consumers Rely on Lawyers to be Ethical?(p. 950) 9-10 to 9-25 3. Can Consumers Trust that Practicing Lawyers are Well-Regulated for Competence and Ethics? [Clinton] (p. 967) 9-26 to 9-30 [Here’s another alternative way to articulate this: • We regulate the beginning, middle and end stages of a lawyer’s professional life. In return, we grant lawyers a monopoly and we limit the ways in which they may work with others. Are the regulation & the privileges appropriate? • The beginning stage: we have both input (law school accreditation) & output (bar exam) requirements. Topic I(B)(1). Also character & fitness admission requirements – this is Topic I(B)(2). • The middle stage: conduct rules like the rules of professional conduct, including ABS Topic I(B)(2) • The end stage: lawyer discipline Topic I(B)(3)

  2. Question 9-1 (p. 913) Law school training ensures that most lawyers are competent providers of legal services. Yes No Neither/unsure

  3. Question 9-2 (p. 913) • People without law school training are unable to provide competent legal services. • Yes • No • Neither/unsure/it depends

  4. Question 9-3 (p. 914) • Consumer protection requires that legal services providers graduate from law school. • Yes • No • Neither/unsure/it depends

  5. Question 9-4 (p. 914) • The bar exam ensures that lawyers are competent to provide legal services. • Yes • No • Neither/unsure/it depends

  6. Question 9-5 (p. 914) • People who have not passed the bar exam are unable to provide competent legal services. • Yes • No • Neither/unsure/it depends

  7. Question 9-6 (p. 914) • Consumer protection requires that lawyers pass the bar exam. • Yes • No • Neither/unsure/it depends

  8. Question 9-7 (p. 914) • The requirements of law school education and the bar exam together ensure that lawyers can provide competent legal • services. • Yes • No • Neither/unsure/it depends

  9. Question 9-8 (p. 915) People who have not both graduated from law school and passed the bar exam cannot provide competent legal services.

  10. Question 9-9 (p. 915) • Consumer protection requires that lawyers both graduate from law school and pass the bar exam. • Yes • No • Neither/unsure/it depends

  11. Question 9-10 (p. 950) • A required law school professional responsibility course ensures that lawyers are ethical providers of legal services. • Yes • No • Neither/unsure/it depends

  12. Question 9-11 (p. 950) • A required law school professional responsibility course ensures that lawyers are ethical providers of legal services. • Yes • No • Neither/unsure/it depends

  13. Question 9-12 (p. 950) • Consumer protection requires that legal services providers pass a Professional Responsibility course. • Yes • No • Neither/unsure/it depends

  14. Question 9-13 (p. 950) • The MPRE ensures that most lawyers are ethical providers of legal services. • Yes • No • Neither/unsure/it depends

  15. Question 9-14 (p. 950) • People who have not passed the MPRE cannot ethically provide legal services. • Yes • No • Neither/unsure/it depends

  16. Question 9-15 (p. 951) • Consumer protection requires that legal services providers pass the MPRE. • Yes • No • Neither/unsure/it depends

  17. Question 9-16 (p. 951) • A law graduate who has failed to repay student loans should be admitted to the bar. • Yes • No • Neither/unsure/it depends

  18. Question 9-17 (p. 951) • A law graduate with a prior conviction for selling marijuana should be admitted to practice law. • Yes • No • Neither/unsure/it depends

  19. Question 9-18 (p. 951) • A law graduate who served a sentence for manslaughter before beginning law school should be admitted to the bar. • Yes • No • Neither/unsure/it depends

  20. Question 9-19 (p. 951) • An adulterer should be admitted to the bar. • Yes • No • Neither/unsure/it depends

  21. Question 9-20 (p. 952) • An alcoholic should be admitted to the bar. • Yes • No • Neither/unsure/it depends

  22. Question 9-21 (p. 952) • A Nazi should be admitted to the bar. • Yes • No • Neither/unsure/it depends

  23. Question 9-22 (p. 952) • The character and fitness requirement ensures that lawyers are ethical providers of legal services. • Yes • No • Neither/unsure/it depends

  24. Question 9-23 (p. 952) • People who do not pass the character and fitness requirement are not ethical providers of legal services. • Yes • No • Neither/unsure/it depends

  25. Question 9-24 (p. 952) • Consumer protection requires that legal services providers pass a character and fitness test. • Yes • No • Neither/unsure/it depends

  26. Question 9-25 (p. 953) • Consumer protection requires that legal services providers pass a character and fitness test. • Yes • No • Neither/unsure/it depends

  27. Question 9-26 (p. 967) • According to professionalism, lawyer discipline functions adequately only if lawyers snitch on each other. • Yes • No • Neither/unsure/it depends

  28. Question 9-27 (p. 967) • The snitch rule works at law school because almost all students inform the law school administration when they believe that another student has cheated. • Yes • No • Neither/unsure/it depends

  29. Question 9-28 (p. 967) • Lawyers reliably report disciplinary violations by other lawyers. • Yes • No • Neither/unsure/it depends

  30. Question 9-29 (p. 968) • The Arkansas disciplinary regulators received a complaint that William Jefferson Clinton: 1) provided false, misleading, • and evasive deposition answers; 2) intentionally provided false testimony regarding sexual relations with Lewinsky; and 3) had • misled the American people in a televised address regarding plaintiff's lawyers' questions. If true, what sanction should • President Clinton have received? • Disbarment • Suspension • Censure • No punishment • There is no one correct response; any or none could be administered.

  31. Question 9-30 (p. 968) • The disciplinary system protects consumers from legal services providers who are either incompetent or unethical. • Yes • No • Neither/unsure/it depends

  32. Question 9-31 (p. 975) Who should provide legal services?

  33. Question 9-32 (p. 975) Should multidisciplinary practice be permitted?

  34. Question 9-33 (p. 1004) Should Pro Bono service be mandatory for law students?

  35. Question 9-34 (p. 1004) Should Pro Bono service be mandatory for lawyers?

  36. Question 9-35 (p. 1021) Legal practice is a:

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