Professional Discipline Flashcards

Attorney Chen receives a disciplinary complaint. Which body typically has initial authority to investigate and adjudicate attorney discipline in the United States?

Answer: The state's highest court through its authorized disciplinary agency

Attorney discipline is primarily a state function, with the state's highest court holding ultimate authority, usually delegated to a bar disciplinary agency.

Under the ABA Standards for Imposing Lawyer Sanctions, which factor is classified as an AGGRAVATING circumstance?

Answer: Prior disciplinary offenses

Prior disciplinary offenses are an aggravating factor under the ABA Standards that can increase the severity of the sanction imposed.

An attorney is publicly censured. Which of the following best describes a public censure?

Answer: A formal public sanction that is less severe than suspension

A public censure (also called a public reprimand) is a formal sanction made available to the public but does not restrict the attorney's right to practice.

A client files a grievance alleging that her attorney committed malpractice by missing a statute of limitations. What is the MOST accurate statement about the relationship between malpractice and professional discipline?

Answer: Professional discipline and malpractice are entirely separate systems; one does not determine the other

Malpractice (civil liability) and professional discipline are independent systems—a malpractice judgment does not automatically trigger discipline, and discipline can occur without a malpractice finding.

Attorney Davis is disbarred. Under the Model Rules framework, after what minimum period may Davis generally apply for reinstatement?

Answer: Five years

Under ABA Model Rule 25 of the Model Rules for Lawyer Disciplinary Enforcement, a disbarred attorney generally may not apply for reinstatement for at least five years.

An attorney's disciplinary proceeding is pending. The attorney argues that because no client was harmed, discipline is not warranted. How do disciplinary rules treat this argument?

Answer: Lack of client harm is a mitigating factor but does not bar discipline for serious rule violations

While lack of client harm may be a mitigating factor, professional discipline can be imposed for serious violations of the Rules of Professional Conduct even without actual client harm.

An attorney knowingly makes a false statement on her bar application about a prior criminal conviction. This is discovered five years after she is admitted. Which of the following is most accurate?

Answer: The attorney may face revocation of admission for the fraudulent application

A knowing false statement on a bar application is a serious violation that can result in revocation of admission, even years after the fact, because the fraud undermined the admission process.