MPRE Assignments (Correct Answers)
What are the two primary forms of discipline of an attorney? Correct Answers1.
censure: express severe disapproval of (someone or something), typically in a formal
statement
2. disbarment: loss of license to practice law
What are the three forms of non-disciplinary sanctions? Correct Answers1.
disqualification: thrown out of representation of a particular client
2. civil liability: usually malpractice
3. criminal liability: fraud
What are the ways in which an admitted attorney can be subject to discipline? Correct
Answers1. violation of the rules
2. criminal acts that touch on attorney's honesty or fitness to practice
What are the ways in which an admitted attorney can be subject to discipline? Correct
Answers3. fraud and deceit
i. even if not criminal
ii. does not have to involve legal practice
iii. can be fraud upon the Court i.e. lying to the Court
What are the elements of conventional fraud? Correct Answersi. making a statement
ii. knowing it is false
iii. with intent to deceive
iv. causing reliance
v. resulting in damages
vicarious liability of law firm partners Correct Answerspartners must make reasonable
efforts to ensure that the lawyers and non-professional employees comply with rules
law firm compliance Correct Answerslaw firms must have systems in place to ensure
compliance with the RPC
supervisory attorney liability Correct Answerssupervisory attorneys are liable for RPC
violations of supervised attorneys and non-professionals if they
i. order
ii. ratify or
iii. fail to take remedial action after learning of a violation
subordinate attorney liability Correct Answersi. cannot use following orders as a
defense
ii. only defense available is following a reasonable order by a supervisory attorney
"squeal" rule Correct Answerslawyer is required to report to disciplinary authorities the
bad conduct of another lawyer where reporting lawyer must have
i. actual knowledge i.e. must KNOW
ii. that other lawyer has committed
iii. a substantial violation, where the violation MUST go to a lawyer's honesty,
trustworthiness or fitness to practice law Correct Answers"squeal" rule
When may an out-of-state lawyer practice in a jurisdiction on a temporary basis?
Correct Answers1. pro hac vice admission: requires a dispute and applies to litigation,
mediation, and arbitration
2. association with local counsel: local counsel must actually participate and cannot be
a mere silent partner
, 3. working for a client from home jurisdiction: attorney must have home state
qualification Correct Answers
unauthorized practice of law Correct Answersaid and abetting: lawyers are prohibited
from aiding and abetting the unauthorized practice by failing to supervise their own non-
professionals
What must an attorney do to avoid the unauthorized practice of law by non-
professionals? Correct Answersi. must have client contact
ii. supervise non-professionals
iii. take responsibility for work of non-professionals
How may an attorney aid pro se litigants ? Correct Answersthey can ghost write
What is the general rule for fee-splitting with non-lawyers? Correct Answersgeneral rule:
cannot divide legal fees with non-lawyers
EXCEPTIONS:
i. estate of a decedent lawyer
ii. court-awarded fee-splitting with non-profit client
iii. law firm employee retirement benefit plan payments
What are the rules for splitting fees with a non-lawyer? Correct Answers1. must split
with a real firm e.g. professional corporation
i. there cannot be a non-lawyer in control of a lawyer's judgment
ii. no one who is not a lawyer can have any interest in profit or the way you do your job
iii. no control by a 3d party payor
2. legal fess are for legal work Correct Answers
When is the sale of a practice permitted? Correct Answersthe sale of a practice to other
lawyers is permitted when:
i. after the selling lawyer stops practicing
ii. gives notice to their clients
iii. and actually sells the practice to another lawyer
What is/is not prohibited in the sale of a practice? Correct Answerspermitted:
i. selling one area of practice
ii. selling all areas of practice
prohibited:
i. an increase in fees associated with the sale
ii. covenants not to compete with other lawyers
How can a selling attorney start practicing again? Correct Answers1. as in-house
counsel
2. doing pro bono work
3. practicing in a different area of law
4. experiencing an unexpected change in circumstanaces
duty to represent clients Correct Answersgeneral rule: there is no duty to represent
clients
EXCEPTION: court appointments
When is it permissible to decline court-appointed representation of a client? Correct
Answerswhen there is a showing for "cause":
i. when fees are not paid
ii. when there is a violation of RPC
iii. when there is a commission of a crime
What are the two primary forms of discipline of an attorney? Correct Answers1.
censure: express severe disapproval of (someone or something), typically in a formal
statement
2. disbarment: loss of license to practice law
What are the three forms of non-disciplinary sanctions? Correct Answers1.
disqualification: thrown out of representation of a particular client
2. civil liability: usually malpractice
3. criminal liability: fraud
What are the ways in which an admitted attorney can be subject to discipline? Correct
Answers1. violation of the rules
2. criminal acts that touch on attorney's honesty or fitness to practice
What are the ways in which an admitted attorney can be subject to discipline? Correct
Answers3. fraud and deceit
i. even if not criminal
ii. does not have to involve legal practice
iii. can be fraud upon the Court i.e. lying to the Court
What are the elements of conventional fraud? Correct Answersi. making a statement
ii. knowing it is false
iii. with intent to deceive
iv. causing reliance
v. resulting in damages
vicarious liability of law firm partners Correct Answerspartners must make reasonable
efforts to ensure that the lawyers and non-professional employees comply with rules
law firm compliance Correct Answerslaw firms must have systems in place to ensure
compliance with the RPC
supervisory attorney liability Correct Answerssupervisory attorneys are liable for RPC
violations of supervised attorneys and non-professionals if they
i. order
ii. ratify or
iii. fail to take remedial action after learning of a violation
subordinate attorney liability Correct Answersi. cannot use following orders as a
defense
ii. only defense available is following a reasonable order by a supervisory attorney
"squeal" rule Correct Answerslawyer is required to report to disciplinary authorities the
bad conduct of another lawyer where reporting lawyer must have
i. actual knowledge i.e. must KNOW
ii. that other lawyer has committed
iii. a substantial violation, where the violation MUST go to a lawyer's honesty,
trustworthiness or fitness to practice law Correct Answers"squeal" rule
When may an out-of-state lawyer practice in a jurisdiction on a temporary basis?
Correct Answers1. pro hac vice admission: requires a dispute and applies to litigation,
mediation, and arbitration
2. association with local counsel: local counsel must actually participate and cannot be
a mere silent partner
, 3. working for a client from home jurisdiction: attorney must have home state
qualification Correct Answers
unauthorized practice of law Correct Answersaid and abetting: lawyers are prohibited
from aiding and abetting the unauthorized practice by failing to supervise their own non-
professionals
What must an attorney do to avoid the unauthorized practice of law by non-
professionals? Correct Answersi. must have client contact
ii. supervise non-professionals
iii. take responsibility for work of non-professionals
How may an attorney aid pro se litigants ? Correct Answersthey can ghost write
What is the general rule for fee-splitting with non-lawyers? Correct Answersgeneral rule:
cannot divide legal fees with non-lawyers
EXCEPTIONS:
i. estate of a decedent lawyer
ii. court-awarded fee-splitting with non-profit client
iii. law firm employee retirement benefit plan payments
What are the rules for splitting fees with a non-lawyer? Correct Answers1. must split
with a real firm e.g. professional corporation
i. there cannot be a non-lawyer in control of a lawyer's judgment
ii. no one who is not a lawyer can have any interest in profit or the way you do your job
iii. no control by a 3d party payor
2. legal fess are for legal work Correct Answers
When is the sale of a practice permitted? Correct Answersthe sale of a practice to other
lawyers is permitted when:
i. after the selling lawyer stops practicing
ii. gives notice to their clients
iii. and actually sells the practice to another lawyer
What is/is not prohibited in the sale of a practice? Correct Answerspermitted:
i. selling one area of practice
ii. selling all areas of practice
prohibited:
i. an increase in fees associated with the sale
ii. covenants not to compete with other lawyers
How can a selling attorney start practicing again? Correct Answers1. as in-house
counsel
2. doing pro bono work
3. practicing in a different area of law
4. experiencing an unexpected change in circumstanaces
duty to represent clients Correct Answersgeneral rule: there is no duty to represent
clients
EXCEPTION: court appointments
When is it permissible to decline court-appointed representation of a client? Correct
Answerswhen there is a showing for "cause":
i. when fees are not paid
ii. when there is a violation of RPC
iii. when there is a commission of a crime
