MPRE Questions (Correct Answers)
American Bar Association Correct Answers-They write the Model Rules of Professional
Conduct. The states adopt any version of them.
-Voluntary membership and no disciplinary authority.
"Must" Rules v. "Should" rules Correct Answers-Must: mandatory (disciplinary rules)
-Should: advisory (ethical considerations)- no punishment for violation.
Types of discipline for violating a mandatory rule Correct Answersa) Private
Reprimand/Censure (still goes in your file)
b) Public Reprimand/Censure (available to be found)(still goes in your file)
c) Suspension (for a finite period)(can't practice law)
d) Disbarment (license is gone, name comes off the door)
Judicial Exercise Correct Answers-U.S. Supreme Court is ultimate authority.
-State's highest court determines rules for State.
What characteristic do you want to possess, and what characteristic do you NOT want
to possess. Correct AnswersWant: good moral character
Do Not want: moral turpitude
Admission to the profession (what is rational and what is not) Correct Answers-U.S.
Supreme Court says state requirements for admission to bar need to be rationally
related to the practice of law.
-Rational requirements:
a) graduation from an ABA accredited law school.
b) a requirement to take an oath to uphold a state or the federal constitution.
-Not a rational requirement:
a) U.S. Citizenship
b) Residency in the state
Requirements of a bar applicant when applying: Correct Answers-truth and full
disclosure
-duty to cooperate
Requirements for lawyers regarding applicants of the bar Correct Answers-Good
applicants: your input is a "should"
-Bad applicants: duty to report when asked, or to correct something you believe may
have arisen in the matter
Regulation after Admission: Lawyer Discipline Correct Answers-Regulated by highest
state court (and through it agencies)
Self-regulating profession: two-pronged duty when you KNOW of a violation. Correct
Answers-You must report what you know (unless it's protected by A/C privilege)
-Have to be available to testify against the lawyer you reported.
Reporting another attorney: Correct Answers-if unethical conduct is a crime, it must be
relevant to some aspect of the practice of law
.
Discipline: Lawyer who commits fraud in the conduct of a business Correct Answers-a
lawyer who commits fraud in the conduct of a business is subject to discipline, even if
the lawyer is not active in the practice of law.
Duty of confidentiality v. duty to report Correct Answers-Where a lawyer learns of
another lawyer's bad conduct through representation of that lawyer as a client, the duty
,of confidentiality will trump the duty to report the misconduct to the bar, OR through
membership in an approved lawyer's assistance program that helps judges with
substance abuse problems.
Multi-jurisdicitonal Practice: Unauthorized practice Correct Answers-Can't do it where
not admitted.
Permissible TEMPORARY multi-jurisdicitonal practice Correct Answersa) Associate
with an active local lawyer and special permission called pro hac vice
b) Mediation or arbitration out of home state practice
c) Anything reasonably related to lawyer's home state practice
Multi-jurisdicitonal Practice: Foreign lawyers Correct Answers-Foreign lawyers may
practice temporarily in the U.S. under similar circumstances and citizen attorney's of the
U.S.. Also, they may provide legal services temporarily in the U.S. if the services are
governed primarily by international law of a foreign jurisdiction.
Permissible PERMANENT multi-jurisdictional practice Correct AnswersEmployed by her
only client which has several offices (applies to BOTH U.S. or foreign lawyers)
Foreign lawyer: in-house counsel Correct Answers-When a foreign lawyer serves as in-
house counsel, he or she must consult with a local lawyer before advising the client on
the law of a U.S. jurisdiction and must base advice to the client on the advice received
from the U.S. lawyer.
-Consequence: subject to both jurisdiction's rules.
Names of law firms in more than one jurisdiction Correct Answers-Law firms with offices
in more than one jurisdiction may use the same name in each jurisdiction, but
identification of the lawyers in an office of the firm shall indicate the jurisdictional
limitations on those not licensed to practice in the jurisdiction where the office is located.
Supervisor is responsible for acts of subordinate if: Correct Answersa) knew of
misconduct at a time when consequences can be avoided or mitigated and the lawyer
fails to take reasonable remedial action.
OR
b) if the violation raises a substantial question of character, and the supervisor either
ordered or ratified the conduct.
Subordinate not responsible for his/her own acts if: Correct Answers1) you were told to
do it; AND
2) it is at least arguable that what you did, you thought was okay.
The following activities require a law license (and constitute the "practice of law")
Correct Answersa) Appearances in court (judicial proceedings), and depositions
b) Drafting documents that impact substantial rights of the client (wills, etc.)
c) Negotiating settlements
The following activities do not require a law license (These do NOT constitute the
"practice of law.") Correct Answersa) Interviewing
b) Filling in legal forms (that were drafted by a lawyer)
c) Writing legal memo's
Supervisors and Non-Lawyer Conduct- Correct AnswersSupervisors must make
reasonable efforts to ensure that non-lawyer conduct also conforms to the rules. This
obligation applies to non-lawyers both within the firm (such as legal assistants), and
outside the firm (such as document management companies and private investigators)
Fee Division with a Non-Lawyer Correct Answers-General Rule: can't do it
, -Exceptions:
1) heirs of a deceased attorney
2) employees in the form of salaries and as part of pension or bonus plans.
3) lawyer may share court-awarded legal fees (pro bono case) with a nonprofit
organization that employed, retained or recommended employment of the lawyer in the
matter.
Does a law firm exist? Correct Answers-Lawyers must not imply that they are partners
or otherwise associated with each other in a law firm unless they really are. As to the
public, the law firm includes lawyers who frequently consult, work jointly, and have
access to each other's files.
Lawyers: Partners in a Corporation Correct Answers-Only lawyers can be parties, or
officers if we're dealing with a corporation, if any part of the partnership business if the
practice of law.
-Except: shareholders and it's only temporary by operation of law (ex: death of attorney
at the firm).
Relationship of the Dual Profession Lawyer with Non-lawyers Correct AnswersYes, it's
okay to tell people your dual professions.
Dual Profession Lawyer: Soliciting legal business Correct Answers-Can't use dual
profession to solicit
Dual Profession Lawyer: Attorney/Client privilege Correct Answers-Does not apply in
the dual profession
Dual Profession: Ancillary Services Correct Answers-Law related services.
-Okay to provide reasonably performed in conjunction and related to legal services, and
note:
1) non legal and legal provided together: the Rules apply to both.
2) non legal services provided by entity controlled by the lawyer: lawyer must assure
that client knows of their interest and that it is not legal services. failure to do so will
mean that the Rules apply to every service.
Ancillary Services Correct Answers-law related services
Restrictions on Right to Practice Correct Answers-Non-compete clauses are NOT
acceptable.
-Exceptions:
1) condition of retirement
2) condition of settling a claim between lawyers at a firm
Duty of a solo practitioner to plan for death Correct Answers-A Solo Practitioner has a
special duty to plan for death or disability by designating another competent lawyer to
review the files, notify clients, and take protective action.
Do lawyers have to take cases? Correct Answers-No, lawyers have general freedom to
reject cases.
-Exceptions:
1) defenseless or oppressed (should take these)
2) Fair share of pro bono (should take these)- 50 hours per year recommended
3) Appointments by judge (MUST take these)
How many hours of pro bono are recommended per year? Correct Answers50 hours
What is good cause not to take on a case? When is there a duty to reject a case?
Correct Answers1) unreasonable financial burden
American Bar Association Correct Answers-They write the Model Rules of Professional
Conduct. The states adopt any version of them.
-Voluntary membership and no disciplinary authority.
"Must" Rules v. "Should" rules Correct Answers-Must: mandatory (disciplinary rules)
-Should: advisory (ethical considerations)- no punishment for violation.
Types of discipline for violating a mandatory rule Correct Answersa) Private
Reprimand/Censure (still goes in your file)
b) Public Reprimand/Censure (available to be found)(still goes in your file)
c) Suspension (for a finite period)(can't practice law)
d) Disbarment (license is gone, name comes off the door)
Judicial Exercise Correct Answers-U.S. Supreme Court is ultimate authority.
-State's highest court determines rules for State.
What characteristic do you want to possess, and what characteristic do you NOT want
to possess. Correct AnswersWant: good moral character
Do Not want: moral turpitude
Admission to the profession (what is rational and what is not) Correct Answers-U.S.
Supreme Court says state requirements for admission to bar need to be rationally
related to the practice of law.
-Rational requirements:
a) graduation from an ABA accredited law school.
b) a requirement to take an oath to uphold a state or the federal constitution.
-Not a rational requirement:
a) U.S. Citizenship
b) Residency in the state
Requirements of a bar applicant when applying: Correct Answers-truth and full
disclosure
-duty to cooperate
Requirements for lawyers regarding applicants of the bar Correct Answers-Good
applicants: your input is a "should"
-Bad applicants: duty to report when asked, or to correct something you believe may
have arisen in the matter
Regulation after Admission: Lawyer Discipline Correct Answers-Regulated by highest
state court (and through it agencies)
Self-regulating profession: two-pronged duty when you KNOW of a violation. Correct
Answers-You must report what you know (unless it's protected by A/C privilege)
-Have to be available to testify against the lawyer you reported.
Reporting another attorney: Correct Answers-if unethical conduct is a crime, it must be
relevant to some aspect of the practice of law
.
Discipline: Lawyer who commits fraud in the conduct of a business Correct Answers-a
lawyer who commits fraud in the conduct of a business is subject to discipline, even if
the lawyer is not active in the practice of law.
Duty of confidentiality v. duty to report Correct Answers-Where a lawyer learns of
another lawyer's bad conduct through representation of that lawyer as a client, the duty
,of confidentiality will trump the duty to report the misconduct to the bar, OR through
membership in an approved lawyer's assistance program that helps judges with
substance abuse problems.
Multi-jurisdicitonal Practice: Unauthorized practice Correct Answers-Can't do it where
not admitted.
Permissible TEMPORARY multi-jurisdicitonal practice Correct Answersa) Associate
with an active local lawyer and special permission called pro hac vice
b) Mediation or arbitration out of home state practice
c) Anything reasonably related to lawyer's home state practice
Multi-jurisdicitonal Practice: Foreign lawyers Correct Answers-Foreign lawyers may
practice temporarily in the U.S. under similar circumstances and citizen attorney's of the
U.S.. Also, they may provide legal services temporarily in the U.S. if the services are
governed primarily by international law of a foreign jurisdiction.
Permissible PERMANENT multi-jurisdictional practice Correct AnswersEmployed by her
only client which has several offices (applies to BOTH U.S. or foreign lawyers)
Foreign lawyer: in-house counsel Correct Answers-When a foreign lawyer serves as in-
house counsel, he or she must consult with a local lawyer before advising the client on
the law of a U.S. jurisdiction and must base advice to the client on the advice received
from the U.S. lawyer.
-Consequence: subject to both jurisdiction's rules.
Names of law firms in more than one jurisdiction Correct Answers-Law firms with offices
in more than one jurisdiction may use the same name in each jurisdiction, but
identification of the lawyers in an office of the firm shall indicate the jurisdictional
limitations on those not licensed to practice in the jurisdiction where the office is located.
Supervisor is responsible for acts of subordinate if: Correct Answersa) knew of
misconduct at a time when consequences can be avoided or mitigated and the lawyer
fails to take reasonable remedial action.
OR
b) if the violation raises a substantial question of character, and the supervisor either
ordered or ratified the conduct.
Subordinate not responsible for his/her own acts if: Correct Answers1) you were told to
do it; AND
2) it is at least arguable that what you did, you thought was okay.
The following activities require a law license (and constitute the "practice of law")
Correct Answersa) Appearances in court (judicial proceedings), and depositions
b) Drafting documents that impact substantial rights of the client (wills, etc.)
c) Negotiating settlements
The following activities do not require a law license (These do NOT constitute the
"practice of law.") Correct Answersa) Interviewing
b) Filling in legal forms (that were drafted by a lawyer)
c) Writing legal memo's
Supervisors and Non-Lawyer Conduct- Correct AnswersSupervisors must make
reasonable efforts to ensure that non-lawyer conduct also conforms to the rules. This
obligation applies to non-lawyers both within the firm (such as legal assistants), and
outside the firm (such as document management companies and private investigators)
Fee Division with a Non-Lawyer Correct Answers-General Rule: can't do it
, -Exceptions:
1) heirs of a deceased attorney
2) employees in the form of salaries and as part of pension or bonus plans.
3) lawyer may share court-awarded legal fees (pro bono case) with a nonprofit
organization that employed, retained or recommended employment of the lawyer in the
matter.
Does a law firm exist? Correct Answers-Lawyers must not imply that they are partners
or otherwise associated with each other in a law firm unless they really are. As to the
public, the law firm includes lawyers who frequently consult, work jointly, and have
access to each other's files.
Lawyers: Partners in a Corporation Correct Answers-Only lawyers can be parties, or
officers if we're dealing with a corporation, if any part of the partnership business if the
practice of law.
-Except: shareholders and it's only temporary by operation of law (ex: death of attorney
at the firm).
Relationship of the Dual Profession Lawyer with Non-lawyers Correct AnswersYes, it's
okay to tell people your dual professions.
Dual Profession Lawyer: Soliciting legal business Correct Answers-Can't use dual
profession to solicit
Dual Profession Lawyer: Attorney/Client privilege Correct Answers-Does not apply in
the dual profession
Dual Profession: Ancillary Services Correct Answers-Law related services.
-Okay to provide reasonably performed in conjunction and related to legal services, and
note:
1) non legal and legal provided together: the Rules apply to both.
2) non legal services provided by entity controlled by the lawyer: lawyer must assure
that client knows of their interest and that it is not legal services. failure to do so will
mean that the Rules apply to every service.
Ancillary Services Correct Answers-law related services
Restrictions on Right to Practice Correct Answers-Non-compete clauses are NOT
acceptable.
-Exceptions:
1) condition of retirement
2) condition of settling a claim between lawyers at a firm
Duty of a solo practitioner to plan for death Correct Answers-A Solo Practitioner has a
special duty to plan for death or disability by designating another competent lawyer to
review the files, notify clients, and take protective action.
Do lawyers have to take cases? Correct Answers-No, lawyers have general freedom to
reject cases.
-Exceptions:
1) defenseless or oppressed (should take these)
2) Fair share of pro bono (should take these)- 50 hours per year recommended
3) Appointments by judge (MUST take these)
How many hours of pro bono are recommended per year? Correct Answers50 hours
What is good cause not to take on a case? When is there a duty to reject a case?
Correct Answers1) unreasonable financial burden
