Professional Discipline Flashcards

An attorney is asked by the disciplinary authority to produce documents relating to a client matter under investigation. The attorney claims attorney-client privilege over the documents. How is this likely resolved?

Answer: The client's privilege may be implicitly waived when the client filed the complaint triggering the investigation

When a client files a disciplinary complaint about the attorney, the client's act of filing may constitute an implied waiver of privilege as to matters directly at issue in the complaint.

Attorney Garcia is the subject of a disciplinary investigation. Garcia instructs a paralegal to shred documents potentially relevant to the investigation. What is the MOST serious consequence Garcia faces?

Answer: Discipline for obstruction of the disciplinary process, which is itself a separate violation

Obstruction of the disciplinary process by destroying evidence is itself a serious violation of the Rules of Professional Conduct, independent of the underlying matter being investigated.

A lawyer is disbarred for misappropriating client funds. The affected clients later receive compensation from the state's client protection fund. Does this affect the disbarment?

Answer: No, client protection fund payments do not affect or reverse disciplinary sanctions

Client protection funds provide compensation to harmed clients as a separate mechanism; they have no effect on the attorney's disciplinary status or sanctions.

Attorney Harris is admitted to the bar in State A and moves to State B where she establishes her primary practice. She never takes the State B bar exam but practices there for two years. What disciplinary risk does Harris face?

Answer: Risk of unauthorized practice of law sanctions in State B and possible discipline in State A

An attorney who establishes a systematic practice in a jurisdiction where she is not licensed risks unauthorized practice of law sanctions and potential discipline in her home jurisdiction.

During a disciplinary hearing, the attorney testifies falsely in his own defense. Which of the following is the most accurate statement?

Answer: Perjury during a disciplinary proceeding is itself a violation that may result in additional or increased sanctions

Providing false testimony in a disciplinary proceeding violates the rules prohibiting dishonesty and obstructing disciplinary processes, and can be charged as an additional violation.

Which of the following best describes the purpose of professional discipline in attorney regulation?

Answer: To protect the public and the profession by maintaining standards for attorney competence and integrity

Professional discipline is primarily protective in purpose—it safeguards the public and upholds the integrity of the legal profession, rather than serving as punishment or compensation.

Attorney Ingram is suspended but continues to practice law during the suspension period. Which of the following best describes the consequence?

Answer: Practicing during suspension may result in contempt of court and additional disciplinary sanctions including extended suspension or disbarment

Practicing law while under suspension violates a court order and the Rules of Professional Conduct, exposing the attorney to contempt proceedings and aggravated disciplinary sanctions.