BarBri - MPRE Exam Review Guide 2023
Regulation of the Legal Profession: American Bar Association - Answer No disciplinary
authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - Answer ABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - Answer 1. Reproval
2. Suspension
3. Disbarment
Reproval - Answer Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - Answer Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - Answer Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - Answer The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - Answer Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - Answer It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise - Answer "Judicial" ---
Therefore the State Supreme Court is the ultimate authority (within the context of the
, Federal System) with the power to regulate attorneys, admit them to the practice, and
discipline them.
Moral Turpitude - Answer Bad thing
We do not want
Good Moral Character - Answer Good Thing
State Law and Professional Responsibility - Answer State laws supplement the ABA
Model Rules of professional conduct
Moral Terpitude - Answer Bad thing
We do not want it
Good Moral Character - Answer Good thing
State Requirments for admission to the Bar - Answer Supreme Court says they must
be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - Answer a) graduate from ABA accredited
law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - Answer 1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants - Answer
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Lawyer Discipline After Admission - Answer Regulated by the highest court in the state,
and agency thereof
Obligations to Report and Testify about Violations - Answer 1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - Answer ...send a letter to the state
disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - Answer MAY report it.
Regulation of the Legal Profession: American Bar Association - Answer No disciplinary
authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - Answer ABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - Answer 1. Reproval
2. Suspension
3. Disbarment
Reproval - Answer Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - Answer Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - Answer Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - Answer The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - Answer Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - Answer It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise - Answer "Judicial" ---
Therefore the State Supreme Court is the ultimate authority (within the context of the
, Federal System) with the power to regulate attorneys, admit them to the practice, and
discipline them.
Moral Turpitude - Answer Bad thing
We do not want
Good Moral Character - Answer Good Thing
State Law and Professional Responsibility - Answer State laws supplement the ABA
Model Rules of professional conduct
Moral Terpitude - Answer Bad thing
We do not want it
Good Moral Character - Answer Good thing
State Requirments for admission to the Bar - Answer Supreme Court says they must
be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - Answer a) graduate from ABA accredited
law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - Answer 1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants - Answer
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Lawyer Discipline After Admission - Answer Regulated by the highest court in the state,
and agency thereof
Obligations to Report and Testify about Violations - Answer 1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - Answer ...send a letter to the state
disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - Answer MAY report it.
