Bar Admission
Professional Responsibility · Lesson 12
Bar Admission
這一課問的是:律師資格與品行適性之要求為何?
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
character and fitness
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Inquiry into applicant's character.
品行適性。
MR 8.1
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Bar admission and disciplinary matters: duty of candor.
MR 8.1。
ABA recommendations
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Standards for admission.
ABA 建議。
rehabilitation
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Past misconduct may be overcome by rehabilitation.
康復。
disclosure
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Applicant must disclose material facts.
揭露。
Rule Sentence · the workhorse
Bar admission requires meeting character and fitness standards; under MR 8.1, an applicant or lawyer in connection with bar admission shall not knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter.
Mini IRAC · build the Application
Issue. Has bar applicant A violated MR 8.1 by failing to disclose a misdemeanor conviction on the bar application?
Rule. Under MR 8.1, a bar applicant must not make false statements or fail to disclose material facts in connection with bar admission.
Application (model). A failed to disclose a misdemeanor conviction on the bar application. Because MR 8.1 requires disclosure of material facts necessary to correct misapprehensions, the fact that the conviction is material to character and fitness — and A's omission creates a misapprehension — means A violated MR 8.1.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, A has violated MR 8.1 and may be denied admission.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: