The rules of professional responsibility tested on the California essay exam come from a variety of sources: the ABA Model Rules, the ABA Model Code, the California Rules (partly based on ABA rules, ABA Code, and partly on a prior set of California rules), relevant portions of the California Business and Professions Code, and leading federal and state case law.Then there's the sample question in the book that begins the interrogatories with "Under the ABA Model Rules and the ABA Code of Professional Responsibility" and ends with "Note: please answer according to California law as well." Grrrrrr.
Why does the ABA get two bites at this apple, exactly? And the Model Code is so over. Everywhere. Except where it's the basis for California law, apparently. And again, this information begs the question: I'm taking the exam to be licensed in California, no? So what the f*ck do I care what the ABA thinks I should do - or what I should have done 20 years ago under the no-longer-applicable Model Code - when I'm practicing law here? My malpractice insurer will probably require a higher standard to maintain coverage anyway.
The ABA Model Rules represent the modern majority view while the ABA Model Code represents the minority view.
Right, so, why clutter the mind again?
If the question instructs you to apply a specific set of rules, then do so.
Thanks for that.
If you are directed only to discuss "ethical violations," apply the ABA Model Rules, along with any relevant California rules and calse law.
That means, by the way, discuss all rules completely inapplicable in California, rules that might have once been applicable, what's now been deemed applicable, and a bunch of other crap totally irrelevant to the question, but expected so you can make sure PR fulfills it's other acronym-erific role on the exam: Public Relations. Look! I'm ethical. I'm ethical!!! This whole subject area can be boiled down to a simple principle: If you have to ask [you probably shouldn't be doing it]
Unlike the Multistate Professional Responsibility Examination ("MPRE"), you are not responsible for rules governing judicial conduct, although these rules are discussed in your BarBri Professional Responsibility outline.
Why, I almost forgot! Wasn't I already made to take a pricey, bar-mandated standarized test to prove my understanding of professional ethics? And didn't I pass that test? If you answered "yes," you're correct. In fact, you can't be licensed without passing the MPRE. But why let that stop us from showing the word how good'n'ethical we really are. Let's test it on the Bar too - with even less direction and with even more stuff around it to distract us!
Be sure to drink your Ovaltine.Oh wait, just kidding. That's what the Performance Test guy's advice was. What the book really said was:
This question illustrates the importance of knowing every aspect of the law. While at first glance, resulting and constructive trusts may not seem to be a very popular or recurring bar subject, this question required a detailed knowledge of the area. This bar question reaffirms the need to be prepared in all areas.OH DOES IT? DOES IT REALLY? SO YOU'RE SAYING ALL I NEED TO KNOW TO BE PREPARED IS EVERYTHING? I mean, c'mon. You wrote this damn book KNOWING that the trusts lecturer wasn't going to cover "Purchase Money Resulting Trusts," etc. I'm not saying I expected you to get every nuance of every conceivable area of testing into us in just a few weeks.
Tuesday: Basil Crepe And Real Property
Wednesday: Granola And Community Property and Proof of Location
Thursday: Decaf Almond Nonfat Latte and MBEs (note: not at C-on-C)
Friday: Granola And Everything. With Mango!
So there you go Mom, I'm eating. The granola full of necessary fiber, the yogurt is lowfat, organic, and full of helpful active yogurt cultures (if I'm not active myself, at least something in my body is). There's a bunch of fruit in there too: in fact, just because I thought this dish looked pretty, I've now come to like plain yogurt, bananas, blackberries, and raspberries more than I ever thought I would. The crepe has long been a favorite. It's stuffed with fresh basil, tomatoes, sometimes spinach (unless I'm not in the mood), goat cheese (pinch hitting for the usual feta), cheddar cheese, and today, for a treat, bacon.
We don't get to eat the crepe very often for obvious reasons.
So there's my life. It's only been that habitual for about a week. But remember, to be a habit, a behavior does not need to be repeated over a long length of time.
7. Last December's conviction of a man for the murder of a City banker John Monckton was the first high profile case in which a defendant's previous bad character had been used against him in court. The change in the law allowing this was hugely controversial among lawyers.My first thought, of course, was, shit, I really need to get those character evidence rules down before Tuesday.
A) A fair trial is not possible if the jury is told about the defendant's previous bad character
B) It is only fair for juries be told of the defendant's record to help them make an informed judgement
Vice President Dick Cheney apparently broke the No. 1 rule of hunting: Be sure of what you're shooting at. He also violated Texas game law by failing to buy a hunting stamp.Did he fail to act as would a reasonable hunter? Does his failure to buy a hunting stamp as required by Texas game law give rise to negligence per se or was the purpose of the statute something other than protecting people from bad hunters?
Cheney wounded fellow hunter Harry Whittington in the face, neck and chest Saturday, apparently because he didn't see Whittington approaching as he fired on a covey of quail in Texas.
Hunting safety experts interviewed Monday agreed it would have been a good idea for Whittington to announce himself — something he apparently didn't do, according to a witness. But they stressed that the shooter is responsible for avoiding other people.Ah, was Whittington contributorily negligent? Does Texas follow contributory or comparative negligence? If comparative, pure or not? Perhaps he assumed the risk just by engaging in this - uh-oh, strict liability? - inherently dangerous activity? No, no TNT, nucular waste, or captive bears here.
There are fewer than 60 registered voters in Vernon, and almost all are either city employees or related to a city official. All five council members have served at least 30 years in office.Seriously, though, if you issue spot this article you get: Con Law, Professional Responsibility, Property, more likely than not some torts, Remedies, and eventually there'd be Evidence also. Jackpot!
"It's kind of a fiefdom," said Philip Reavis, 65, a former Vernon Chamber of Commerce president who ran for office in the city's last contested election — in 1980. "This place is a little anomaly that exists, kind of by accident. In the whole state of California, there's nothing like it."
In the 1980 election, as in this year's, Vernon officials sought to disqualify a candidate by evicting him.
By strictly limiting who can live in the city, Vernon officials handpick their constituents, said Roy Ulrich, a lawyer and former Vernon property owner who has clashed with city officials. "They only allow people who are city employees. Anything that smells like residential property, they disallow."
A house erroneously valued at $400 million is being blamed for budget shortfalls and possible layoffs in municipalities and school districts in northwest Indiana.Might I suggest reading? Thinking? Attention to common sense?
An outside user of Porter County's computer system may have triggered the mess by accidentally changing the value of the Valparaiso house, said Sharon Lippens, director of the county's information technologies and service department. The house had been valued at $121,900 before the glitch.
County Treasurer Jim Murphy said the home usually carried about $1,500 in property taxes; this year, it was billed $8 million. . . .
Officials struggled to figure out how the mistake got into the system and how it could have been prevented