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Who Should Provide Legal Services? Standards for Competence and Ethics in Legal Practice

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This assignment explores the pressing questions regarding who should be allowed to provide legal services. It assesses the standards for legal education, bar admission, and professional discipline, evaluating their effectiveness in ensuring lawyers meet necessary competence and ethical standards. It also discusses the role of nonlawyers in legal services, the implications of multidisciplinary practice, and the reliance consumers can place on lawyers for competent and ethical representation. Ultimately, it seeks to address whether current legal frameworks adequately protect consumers.

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Who Should Provide Legal Services? Standards for Competence and Ethics in Legal Practice

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  1. Material Covered in Assignment 9-2 C. Who Should Be Permitted to Provide Legal Services? (p.975) 9-31-32 1. Nonlawyer Practice (p. 975) 2. Multidisciplinary Practice (p. 987) This issue is obvious related to Assignment 9-1: 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

  2. Question 31 (p. 975) • 9-31. Who should provide legal services? • Only lawyers should provide legal services • Generally lawyers should provide legal services but independent paralegals should also be allowed to provide simple legal services. • Anyone should be able to provide legal services but only lawyers should be able to hold use the term "lawyers" to identify themselves. • Other/don’t know

  3. Question 32 (p. 975) • 9-32. Should multidisciplinary practice be permitted? • Yes • No • Other/Don’t know • What about passive investment in law firms? • Yes • No • Other/Don’t know

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

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

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

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

  8. 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

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

  10. 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

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

  12. 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

  13. 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

  14. 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

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

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

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

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

  19. 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

  20. 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

  21. 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

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

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

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

  25. 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

  26. 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

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

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

  29. 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

  30. 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

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

  32. 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.

  33. 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

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

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

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

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

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

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