Master of Laws (LLM) Professional Responsibility and Bar Admission for Foreign-Trained Lawyers Syllabus

Professional Responsibility and Bar Admission for Foreign-Trained Lawyers syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Professional Responsibility and Bar Admission for Foreign-Trained Lawyers in Master of Laws (LLM), not a summary of it.

1. 1

   The Lawyer-Client Relationship

   3 topics

   • Formation, Scope, and Termination of Representation
     • Competence and diligence
     • Communication and informed consent
     • Declining and withdrawing from representation
   • Confidentiality and Privilege
     • Model Rule 1.6 duty of confidentiality
     • Exceptions and the crime-fraud limits
     • Distinguishing privilege from confidentiality
   • Fees, Trust Accounts, and Safekeeping Property
2. 2

   Conflicts of Interest

   4 topics

   • Concurrent Client Conflicts and Waiver
   • Former Client and Imputed Conflicts
   • Lawyer's Personal Interests and Business Transactions with Clients
   • Conflicts Involving Government and Former Judges
3. 3

   Duties to Courts, Third Parties, and the Profession

   4 topics

   • Candor and Fairness in Litigation
     • Duty of candor to the tribunal
     • Handling perjury and false evidence
   • Communications with Represented and Unrepresented Persons
   • Advertising, Solicitation, and the Unauthorized Practice of Law
   • Reporting Misconduct and Discipline
4. 4

   Bar Admission Pathways for Foreign-Trained Lawyers

   4 topics

   • LLM Curricular Requirements for Bar Eligibility
     • ABA-approved coursework and credit-hour rules
     • State-specific eligibility (e.g., New York and California rules)
     • Foreign credential evaluation and prior legal education
   • The Bar Examination Components
     • The Uniform Bar Examination (MBE, MEE, MPT)
     • The NextGen Bar Exam structure and skills
     • Score transfer and reciprocity
   • Character and Fitness Review
   • The MPRE and Post-Admission Continuing Legal Education

Professional Responsibility and Bar Admission for Foreign-Trained Lawyers flashcards for Master of Laws (LLM)

20 of 50 cards from the Professional Responsibility and Bar Admission for Foreign-Trained Lawyers deck — real questions with worked answers.

1. When does a lawyer-client relationship form under the Model Rules, even without a signed fee agreement?

   It can form whenever a person reasonably relies on the lawyer for legal advice or services and the lawyer knows or should know of that reliance—formation can be implied from conduct, not just an express contract.

2. Under Model Rule 1.2, who decides the objectives of representation versus the means used to pursue them?

   The client decides the objectives (and in criminal cases, the plea, jury waiver, and whether to testify); the lawyer controls the technical/tactical means, after consultation with the client.

3. List the mandatory grounds for withdrawal from representation under Model Rule 1.16(a).

   (1) Continuing would violate the rules or law; (2) the lawyer's physical or mental condition materially impairs ability to represent; or (3) the lawyer is discharged by the client.

4. What must a lawyer do upon termination of representation under Model Rule 1.16(d)?

   Take reasonable steps to protect the client's interests: give reasonable notice, allow time to find new counsel, surrender papers/property the client is entitled to, and refund any unearned advance fee.

5. Distinguish the Rule 1.6 duty of confidentiality from the attorney-client evidentiary privilege.

   Confidentiality (Rule 1.6) is an ethical duty covering ALL information relating to the representation, from any source, at all times. The privilege is a narrower evidentiary rule protecting only confidential lawyer-client communications from compelled disclosure in legal proceedings.

6. Identify the discretionary exceptions allowing disclosure of confidential information under Model Rule 1.6(b).

   To prevent reasonably certain death or substantial bodily harm; to prevent/mitigate/rectify substantial financial harm from a crime/fraud using the lawyer's services; to secure legal ethics advice; to establish a claim or defense (self-defense exception); to comply with law or court order; and to detect conflicts in firm changes.

7. What are the four elements required for the attorney-client privilege to attach?

   (1) A communication; (2) made in confidence; (3) between a lawyer (or agent) and client (or prospective client); (4) for the purpose of obtaining or providing legal advice.

8. What is the crime-fraud exception to the attorney-client privilege?

   The privilege does not apply to communications made to enable or aid the commission of a future or ongoing crime or fraud; advice about past wrongdoing remains privileged.

9. Distinguish the attorney-client privilege from the work-product doctrine.

   The privilege protects confidential client communications and is largely absolute. Work product protects materials prepared in anticipation of litigation; it is qualified (discoverable on showing substantial need and undue hardship), but opinion work product (the lawyer's mental impressions) gets near-absolute protection.

10. Under Model Rule 1.5, what is the standard governing the amount a lawyer may charge?

    A lawyer must not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses; reasonableness is judged by factors such as time, novelty, skill, customary fees, results, and the lawyer's experience.

11. In which two types of cases does Model Rule 1.5(d) prohibit contingent fees?

    (1) Domestic relations matters where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement; and (2) representing a defendant in a criminal case.

12. What are the formal requirements for a contingent fee agreement under Model Rule 1.5(c)?

    It must be in a writing signed by the client, state the method of calculating the fee (and percentages at each stage), specify which expenses are deducted and whether before or after the fee is computed, and the lawyer must provide a written settlement statement at the end.

13. State the core trust-account safekeeping rules under Model Rule 1.15.

    Keep client/third-party funds in a separate trust account (no commingling with the lawyer's own funds, except funds to cover bank charges); keep complete records; promptly notify and deliver funds/property the client is entitled to; and keep disputed amounts in trust until the dispute is resolved.

14. How must a lawyer handle an advance fee payment versus a true (general) retainer?

    An advance fee (deposit against future fees) is the client's property and must be placed in trust, withdrawn only as earned. A true/general retainer paid to secure availability is earned upon receipt and goes to the lawyer's operating account.

15. What is the general standard for a concurrent conflict of interest under Model Rule 1.7(a)?

    A concurrent conflict exists if (1) representing one client is directly adverse to another current client, or (2) there is a significant risk the representation will be materially limited by responsibilities to another client, a former client, a third person, or the lawyer's own interests.

16. What four conditions must be met to waive (consent around) a concurrent conflict under Model Rule 1.7(b)?

    (1) The lawyer reasonably believes competent and diligent representation can be provided to each affected client; (2) the representation is not prohibited by law; (3) it does not involve one client asserting a claim against another in the same litigation; and (4) each affected client gives informed consent, confirmed in writing.

17. What makes a concurrent conflict 'nonconsentable'?

    A conflict cannot be waived when the lawyer cannot reasonably believe she can competently represent both, when the law prohibits it, or when the clients are directly adverse in the same litigation/proceeding before a tribunal.

18. State the former-client conflict rule under Model Rule 1.9(a).

    A lawyer who formerly represented a client must not represent another person in the same or a substantially related matter where that person's interests are materially adverse to the former client, unless the former client gives informed consent confirmed in writing.

19. When are two matters 'substantially related' for purposes of Rule 1.9?

    When they involve the same transaction or legal dispute, or when there is a substantial risk that confidential factual information normally obtained in the prior representation would materially advance the new client's position in the later matter.

20. What is the general rule for imputation of conflicts within a firm under Model Rule 1.10?

    While lawyers are associated in a firm, none may knowingly represent a client when any one of them practicing alone would be prohibited by Rules 1.7 or 1.9, unless the conflict is based on a personal interest that does not present a significant risk to the representation, or the firm screens a lateral lawyer as permitted.

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