MPRE 2021 (Correct Answers)
ADMISSION REQUIREMENTS (8.1)Correct AnswersMust be *rationally related* to the
practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
To result in rejection, the misconduct must involve *moral turpitude*:
i. Crimes involving intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral turpitude even if not crime
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3)Correct AnswersMandatory
Reporting of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or
*fitness* to practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS MandatoryCorrect AnswersViolation raises
substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT MandatoryCorrect Answers1. Question
raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconductCorrect Answers1.
Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5)Correct Answersi. Any state where lawyer is admitted
has power to discipline
ii. Any state where lawyer provided or offered services
,UNAUTHORIZED PRACTICE OF LAW (5.5)Correct AnswersUnauthorized practice =
practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else
in unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"?Correct Answers1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"?Correct Answers1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone
do that.
MULTI-JURISDICTIONAL PRACTICE (8.5)Correct AnswersMethods of *Temporary*
Out-of-State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice
across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
Methods of *Temporary* Out-of-State Practice (MR. AP)Correct Answers1. *Associate*
with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF)Correct Answers1. *In-house counsel* and
*government lawyer* can engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS
(5.1)Correct AnswersDuty to Prevent Ethical Violations
1. Partners and managers must take reasonable measures to ensure compliance with
RPC
, 2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect
to *nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a
reasonable resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical ViolationsCorrect AnswersPartners and
managers must take reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN)Correct Answers1.
*Ordered* or ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate LawyerCorrect AnswersActing on orders of another
lawyer does not excuse misconduct UNLESS it was a *reasonable* resolution of an
*arguable question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4)Correct AnswersNo partnerships with
nonlawyers if any partnership activities involve practice of law
No nonlawyer control or ownership interest in firm
No fee splitting with nonlawyers (with limited exceptions below)
a. Death benefits to lawyer's estate
b. Funds to purchase practice from deceased, disabled, or disappeared lawyer
c. Bonus plans and regular salaries
d. Court-awarded legal fees to nonprofit that retained or recommended lawyer
Exceptions to fee splittingCorrect Answers- Death benefits to lawyer's estate
- Funds to purchase practice from deceased, disabled, or disappeared lawyer
- Bonus plans and regular salaries
- Court-awarded legal fees to nonprofit that retained or recommended lawyer
RESTRICTIONS ON RIGHT TO PRACTICE LAW (5.6)Correct Answers*No Non-
Compete Agreements.*
Law firm-related agreements can't restrict right to practice when relationship ends,
except for retirement benefit agreements EXCEPT for retirement benefit agreements
*Settlement agreements* for clients can't restrict right to practice or not bring future
claims against a party
ADMISSION REQUIREMENTS (8.1)Correct AnswersMust be *rationally related* to the
practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
To result in rejection, the misconduct must involve *moral turpitude*:
i. Crimes involving intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral turpitude even if not crime
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3)Correct AnswersMandatory
Reporting of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or
*fitness* to practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS MandatoryCorrect AnswersViolation raises
substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT MandatoryCorrect Answers1. Question
raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconductCorrect Answers1.
Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5)Correct Answersi. Any state where lawyer is admitted
has power to discipline
ii. Any state where lawyer provided or offered services
,UNAUTHORIZED PRACTICE OF LAW (5.5)Correct AnswersUnauthorized practice =
practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else
in unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"?Correct Answers1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"?Correct Answers1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone
do that.
MULTI-JURISDICTIONAL PRACTICE (8.5)Correct AnswersMethods of *Temporary*
Out-of-State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice
across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
Methods of *Temporary* Out-of-State Practice (MR. AP)Correct Answers1. *Associate*
with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF)Correct Answers1. *In-house counsel* and
*government lawyer* can engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS
(5.1)Correct AnswersDuty to Prevent Ethical Violations
1. Partners and managers must take reasonable measures to ensure compliance with
RPC
, 2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect
to *nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a
reasonable resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical ViolationsCorrect AnswersPartners and
managers must take reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN)Correct Answers1.
*Ordered* or ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate LawyerCorrect AnswersActing on orders of another
lawyer does not excuse misconduct UNLESS it was a *reasonable* resolution of an
*arguable question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4)Correct AnswersNo partnerships with
nonlawyers if any partnership activities involve practice of law
No nonlawyer control or ownership interest in firm
No fee splitting with nonlawyers (with limited exceptions below)
a. Death benefits to lawyer's estate
b. Funds to purchase practice from deceased, disabled, or disappeared lawyer
c. Bonus plans and regular salaries
d. Court-awarded legal fees to nonprofit that retained or recommended lawyer
Exceptions to fee splittingCorrect Answers- Death benefits to lawyer's estate
- Funds to purchase practice from deceased, disabled, or disappeared lawyer
- Bonus plans and regular salaries
- Court-awarded legal fees to nonprofit that retained or recommended lawyer
RESTRICTIONS ON RIGHT TO PRACTICE LAW (5.6)Correct Answers*No Non-
Compete Agreements.*
Law firm-related agreements can't restrict right to practice when relationship ends,
except for retirement benefit agreements EXCEPT for retirement benefit agreements
*Settlement agreements* for clients can't restrict right to practice or not bring future
claims against a party
