Professional Discipline Flashcards

Attorney Evans is licensed in State X and admitted pro hac vice in State Y for a single case. Evans violates State Y's rules of professional conduct. Which jurisdiction may discipline Evans?

Answer: Both State X and State Y may discipline Evans

Both the licensing jurisdiction and the jurisdiction where the conduct occurred may have authority to discipline an attorney, including for pro hac vice misconduct.

Under the Model Rules choice-of-law provision for discipline, if an attorney is licensed in State A but engages in misconduct in State B during litigation in State B courts, which state's rules primarily govern?

Answer: State B's rules, because the conduct is in connection with a proceeding in State B

Model Rule 8.5(b)(1) provides that for conduct in connection with a proceeding in a court before which the attorney has been admitted, the rules of that jurisdiction govern.

An attorney is suffering from severe depression and makes several serious errors in client matters. The attorney voluntarily enters a lawyer assistance program and seeks treatment. How might this affect disciplinary proceedings?

Answer: Voluntary treatment may be a mitigating factor but does not eliminate accountability for serious violations

While voluntary participation in rehabilitation is a recognized mitigating circumstance, it does not eliminate professional accountability for rule violations that harmed clients.

A disciplinary proceeding concludes with a finding of no misconduct. Can the dismissed complaint be used against the attorney in a future disciplinary proceeding?

Answer: A dismissed complaint is generally not considered prior discipline but facts may be relevant in future proceedings

A dismissed complaint does not constitute a prior disciplinary offense, but the underlying facts may still be relevant in later proceedings in some circumstances.

Attorney Ford assists a client in conduct the attorney knows is criminal. The client is later prosecuted and Ford faces disciplinary charges. Which Model Rule provision is MOST directly implicated?

Answer: Rule 1.2(d) (prohibiting assisting a client in criminal or fraudulent conduct)

Model Rule 1.2(d) explicitly prohibits a lawyer from counseling or assisting a client in conduct the lawyer knows is criminal or fraudulent.

Which of the following is NOT a typical sanction available in attorney disciplinary proceedings?

Answer: Imprisonment for contempt

Disciplinary sanctions include reprimands, censure, suspension, and disbarment; imprisonment is a criminal punishment, not a disciplinary sanction.

An attorney's misconduct is discovered 15 years after it occurred. The attorney argues the matter should be dismissed due to the passage of time. Under most disciplinary frameworks, how is this treated?

Answer: Delay may be considered a mitigating factor but many jurisdictions do not impose fixed statutes of limitations on disciplinary proceedings

Many jurisdictions do not apply strict statutes of limitations to disciplinary proceedings, though significant delay may be a mitigating factor or grounds for procedural challenges.