Professional Responsibility

This by itself is likely okay. However, paralegal cannot provide any legal advice or help the client fill out the forms

If attorney aids in the unauthorized practice of law, this is a violation—assisting in the unauthorized practice of law. Rule 5.5a.

1. Rule 5.5b: A lawyer not admitted to practice in a jurisdiction can’t have an office there or hold out to the public that he is admitted to practice there.
2. Rule 5.5c: A lawyer from a jurisdiction may provide legal services on a temporary basis in another jurisdiction: in association with a lawyer licensed in that jurisdiction; are reasonably related to the lawyer’s practice in a jurisdiction in which he is permitted to practice
3. Rule 5.5d: A lawyer admitted in another US jurisdiction who is not disbarred from a jurisdiction may provide legal services in a different jurisdiction if they are provided to the lawyer's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission, or are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction

1. No. Duty of confidentiality (1.6) trumps the duty to report (8.3). Rule 1.6 says shall not reveal information relating to the representation of a client unless . . . .
2. The confidentiality rule applies to all info relating to representation of the client. If the client doesn’t want to you reveal it, then don’t.
3. Rule 8.3: A lawyer who knows that another has committed a violation of PR Rules must report.

1. No presumption of innocence
2. No BARD requirement. POE standard.
3. No confrontation requirement; docs from other proceedings may be used
4. Limited procedural due process
5. No exclusionary rule
6. No Vth—must testify against yourself.
   1. NOTE: if there’s a crime involved in the disciplinary proceeding, normal criminal rules do apply (eg lawyer is selling drugs).

1. Only must report when information shows a “Substantial likelihood” that raises a “substantial question” as to fitness of judge/lawyer

Duty only when judge has “more than a reasonable suspicion” that the conduct has occurred.

1. Rule 1.8h1: A lawyer can’t limit malpractice liability contractually.
2. Rule 1.8h2: A lawyer can’t settle with a client who is unrepresented unless the client is advised in writing of the wisdom seeking counsel and given time to do so.

However, lawyers can form LLCs and LLPs as long as they themselves (but not their partners) remain personally liable for their actions. Rule 1.8h cmt 14.

Yes 5.1c

1. Rule 5.6. A lawyer or firm cannot restrict the right to practice law (eg covenant not to compete), except in regards to retirement.
   1. So if a lawyer signs an employment contract with a firm that has restrictions on practice if lawyer leaves the firm, both the lawyer and the firm violate Rule 5.6.

1. You must sell the entire practice of law or a full area of law.
2. Seller must cease to practice in the jurisdiction.
3. Seller must give written notice to clients.

Client fees must not be increased because of the sale.

1. representing the client would result in violation of Rules or law, would place unreasonable financial burden,
2. the client or his cause is so repugnant that the attorney/client relationship would be impaired, or
3. for other good cause.

If a reasonable person would rely on the statements made by the lawyer, then there is an A/C relationship.

Substantial question

1. If no limited liability, A & B are personally liable, as well as the p’ship.
2. If limited liability, C remains personally liable, but not A & B. P’ship is liable.

Cannot

Yes