Week 1 - Bar admin and discrimination

Who/what has primary responsibility for the regulation of lawyers in a given state?

the state's supreme court, but most states delegate it to the state BAR

What are some factors that are looked at for bar admission?

residency history, employment history, criminal record, credit history, traffic record, litigation history

What is rule 8.1?

an applicant or lawyer shall not (A) knowing make false statements of material fact, (B) fail to disclose a fact necessary to correct a misapprehension, or (C) knowingly fail to respond to a lawful demand for information

What is rule 8.4(g)?

it is professional misconduct for a lawyer to Engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination

What are the elements of rule 8.4(g)?

conduct (lawyer did something), knowledge (lawyer knew or should have reasonably knew), protected characteristic (sex, race, religion, etc), and connection to the practice of law

What did National Institute of Family and Life Advocates v. Becerra find/hold?

gov't restrictions on professional speech are subject to strict scrutiny