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THE LEGAL PROFESSION AND THE PRACTICE OF LAW PowerPoint Presentation
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THE LEGAL PROFESSION AND THE PRACTICE OF LAW
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  1. C. ADMISSION TO PRACTICE • Primarily, qualifications for admission • Procedure in Missouri: SCt Rule 8 • admin by Bd of Law Examiners • application for C&F report and for BE • take BE and MPRE • if adm denied, hearing BLE, appeal SCt THE LEGAL PROFESSION AND THE PRACTICE OF LAW

  2. MO Formal Requirements (R8.03) • admission by examination • US citizen/national, permanent res., green card • JD ABA approved LS, or • adm in other US jur. + active practice 3 of last 5 yrs • adm in other US jur. + active status + 24 hrs. ABA approved LS w/n last 3 yrs • law degree from foreign jur. + adm to practice there + • active practice 3 of last 5 yrs or • good standing + 24 hrs ABA approved LS w/n last 3 yrs

  3. Missouri Requirements c’t’d • Without examination (r. 8.10) • for 5 of last 10 years have been: • adm in other US jur which permits reciprocity + active practice, or • full-time service as lawyer in US gov or armed services, or • full time teaching in ABA approved LS • full-time practice as house counsel from office in other US jur.

  4. Character and Fitness • Problem p. 62: any of three situations grounds for denying admission? • what is the standard for C&F? • MUSTAFA, p. 62: “good moral character and general fitness to practice law” • the Rules? (none explicitly stated in MO) • federal constitution? (Schware, n.1 p. 65) – due process! “rational connection with fitness or capacity to practice law” • who bears burden of proof?

  5. Problem p. 62 c’t’d • The football game incident • denial of admission? “rational connection with fitness to practice?” • if not, duty to report? Depends on questions on application form? • MO Rule 8.04: found guilty of felony under law of any U.S. jur., ineligible for admission for 5 years after full resolution • n. 2 p. 65 out of date!

  6. Problem p. 62 c’t’d • the plagiarism incident • “rationally connected”? • what more do you need to know? • activities with “Friends Opposed to Europeans” • “rationally connected”? • First Amendment protection? • Baird v. State Bar, n. 4 p. 66 • Matthew Hale’s case, nn. 5-8 pp 66-68

  7. D. THE UNAUTHORIZED PRACTICE OF LAW 1. Generally • What is the “practice of law”? Mo.Rev.Stat. s. 484.010: two dimensions • “practice of the law” : appearance as an advocate or drawing of papers, pleadings, etc., in a representative capacity in conjunction with any proceedings before a court or other body having authority to settle controversies • “law business”: for a valuable consideration, advising or counseling as to secular law, drawing any document affecting secular rights, any act in a representative capacity tending to obtain or secure any property rights

  8. Problem pp. 69-70: activities of a paralegal • selling “divorce kits” with printed instructions for preparing documents • does Grant give individualized advice to buyers about what docs to use or how to fill them out? If so, “legal skill or knowledge” is required, Grant is unauthorized • only general advice? If so, no UAP in most jurs.

  9. Problem p. 69 c’t’d • selling “Living Trust Kits” as seminars at which a lawyer is featured speaker • Lawyer discusses associated legal problems • Grant will sell the kits and help the buyers gather the data and fill out the forms • individualized legal advice? • direct supervision of attorney?

  10. Problem p. 69 c’t’d • Selling lawyer-prepared eviction forms to landlords who fill them out to initiate court proceedings – any problem? • Appearing before the court for the landlord to assert the eviction claim, on the basis of a “power of attorney” executed by the latter – can the power of attorney do that?

  11. Problem p. 69 c’t’d: responsibility of attorney • MRPC 5.5(a): lawyer shall not assist another in the unauthorized practice of law • Angela at the seminars: if Grant is engaged in UAP, is Angela assisting him in doing so? • is knowledge of what Grant will do required? • Angela preparing eviction forms for Grant to sell: improper assistance here?

  12. Pro Se Representation, n. 6 p. 76 • Could Grant’s landlords appear in eviction proceedings without a lawyer? • If the landlord is a corporation or a partnership, can one of its officers or partners appear on behalf of the entity without a lawyer?

  13. D(2): MULTIJURISDICTIONAL PRACTICE • lawyer admitted in one jurisdiction, who wants to provide legal services in another • default position: you need a license there • Birbrower (Cal. 1998), seeNajam, J., in CONK p. 80-1, and n. 1 p. 82: if your services in another jur. are UAP there, you can’t recover fees there • CONK, p. 78: how is this different from Birbrower? • what is the issue? • how did the contacts differ, if at all?

  14. Problem p. 77 • facts inspired by Birbrower • any differences? • how about the fact that the Birbrower firm’s activities in California were related to a pending arbitration proceeding? • MRPC 5.5(c): post-Birbrower amendment! • provided on temporary basis • arise out of or reasonably related to practice in jurisdiction where lawyer is admitted

  15. Special admissions • Admission pro hac vice • authorized representation in court • inherent power of individual court, subject to regulate • Special admission for house counsel • MRPC 5.5(d) – general permission • MO S.Ct. Rule 8.105 requires application, includes forensic services