Thursday, April 10, 2008

Postgraduate Education

The Minnesota Supreme Court ordered that a previously suspended attorney be conditionally reinstated. The condition? The lawyer must take and pass the professional responsibility portion of the state bar exam.

In an unrelated matter, the court imposed a public reprimand  and two-year probation for a Rule 4.2 (communication with represented person) violation. The lawyer must "complete a course of individual study...[that] shall address the topic of ethical problems in the practice of criminal law and, specifically, the practical implications of Rule 4.2..." Satisfactory completetion of this requirement must be demonstrated in writing. The lawyer is also barred from representing defendants in cases involving certain specified crimes without a more experienced co-counsel. (Mike Frisch)

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I love the idea of having the attorney have to take the ethics examination again. That should probably be a requirement for ALL disciplined attorneys in every state. But I am wondering whether the order to take the examination came as a surprise to him -- if he was suspended for 60 days, sat that out, and petitioned for reinstatement, doesn't the order to take and pass the examination within a year effectively extend his period of suspension beyond that originally ordered by the court?


PS I enjoy your blog a lot, keep up the good work. We mention you from time to time on the Legal Writing Prof Blog when we can!

Posted by: Mark E Wojcik | Apr 11, 2008 3:40:22 AM

The Minnesota Supreme Court often makes re-taking and passing the MPRE a condition of reinstatement or removal from suspension.

Posted by: Maury Landsman | Apr 11, 2008 7:44:16 AM

This is very nice of you to say, Mark, and thank you; and thanks also to Maury for the note on Minnesota.

Posted by: Alan Childress | Apr 11, 2008 10:16:12 PM

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