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Material Covered in Assignment 9-1

Material Covered in Assignment 9-1. I . THE PROFESSIONAL PRIVILEGE (p. 912) A . Review of Professionalism & Unauthorized Practice (p. 912)

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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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