irac assignment
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School
Ivy Tech Community College, Indianapolis *
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Course
Y380
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by ConstableLightningSalamander17
Complete the three separate IRACs below for the authorities listed and then upload this
document to your assignment in Canvas.
List the client you are assigned to represent in Bigg Case:
____Jake Bigg______
IRAC Template –
Indiana Rule of Professional Conduct 8.1
Issue:
State the legal issue to be discussed.
Did the Board of Law Examiners properly deny Jacob Bigg’s Application for Admission to the
Indiana Bar due to failure to disclose a criminal conviction on his law school application?
Rule:
State the relevant statute or rule.
Indiana Rule of Professional Conduct 8.1: Bar Admission and Disciplinary Matters
An applicant for admission to the bar, or a lawyer in connection with a bar admission application
or in connection with a disciplinary matter, shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have
arisen in the matter, or knowingly fail to respond to a lawful demand for information from an
admissions or disciplinary authority, except that this Rule does not require disclosure of
information otherwise protected by Rule 1.6.
Application:
Apply the relevant rule to the facts that created the issue.
On Jake Bigg’s Bar application, he represented that he answered "no" to the first question
because he thought his conviction had been expunged and he did not believe this should have
been mentioned. He also stated that he had notified the law school when he discovered his
conviction had not been expunged. However, he never explained why he answered "no" to the
discharge from employment question or why his resume included employment history covering
his incarceration. He did not believe he had to re-explain as he notified the law school.
Conclusion:
State the most likely conclusion based on your application of the rule to your facts
above.
In conclusion, Rule 8.1 is to be applied to the Bar application. Jake Bigg followed the rules when
applying for the Bar admissions. He should be admitted.
List the client you are assigned to represent in Bigg Case:
______Jake Bigg_______
IRAC Template –
Indiana Rule for Admission to the Bar and the Discipline of Attorneys
12.1
Issue:
State the legal issue to be discussed.
Did the Board of Law Examiners properly deny Jacob Bigg’s Application for Admission to the
Indiana Bar due to failure to disclose a criminal conviction on his law school application?
Rule:
State the relevant statute or rule.
Indiana Rule for Admission to the Bar and the Discipline of Attorneys 12.1:
Section 1. The State Board of Law Examiners shall inquire into and determine the character,
fitness and general qualifications to be admitted to practice law as a member of the bar of the
Supreme Court of Indiana. It is a condition precedent to admission, whether upon examination or
upon foreign license, that the Board report and certify to the Supreme Court that the applicant,
after due inquiry, has been found to possess the necessary good moral character and fitness to
perform the obligations and responsibilities of an attorney practicing law in the State of Indiana,
and has satisfied all general qualifications for admission.
Application:
Apply the relevant rule to the facts that created the issue.
Jake Bigg advised the law school of his arrest and was still admitted. He did not advise the Bar
as this was to be expunged. Jake Bigg was able to provide a very supportive resume and was a
great candidate. He worked for a top firm for years, where he gained a lot of experience. He is
now married with two children. He has no record of committing further crimes. He was very
remorseful for his actions of fifteen years ago. The applicant has presented positive testimony
regarding his work and integrity, His employment references indicate a conscientious work
record and did not indicate criminal activity.
Conclusion:
State the most likely conclusion based on your application of the rule to your facts
above.
In conclusion, Rule 12.1 is to be applied to the characterization of Jake Bigg. Jake is not the
same person from 15 years ago therefore should be admitted to the Indiana Bar.
List the client you are assigned to represent in Bigg Case:
______Jake Bigg___
IRAC Template –
In Re Wilkins
Issue:
State the legal issue to be discussed.
Must the court review the case De Novo?
Rule:
State the relevant statute or rule.
In Re Wilkins states that "Where a party petitions this Court for review, we review de novo the
record presented us to reach the ultimate conclusion as to misconduct and sanction therefore."
Application:
Apply the relevant rule to the facts that created the issue.
Jake Bigg is appealing to the Supreme Court of Indiana regarding his denial into the bar exam.
The Supreme Court now must review the case and hold whether Bigg does possess the necessary
moral character and fitness. The Supreme Court will be required to hear this case de novo. This
rule was established in In Re Wilkins when the court asserted, "Where a party petitions this
Court for review, we review de novo the record presented us to reach the ultimate conclusion as
to misconduct and sanction therefore." The Supreme Court will now hear the case with disregard
to any prior decisions or holdings from any alternative Board of the lower Court.
Conclusion:
State the most likely conclusion based on your application of the rule to your facts
above.
The Supreme Court will hear this case de novo through the established rule within In Re Wilkins
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