MPRE (Correct Answers)

MPRE (Correct Answers) L represented A in the case of A v. B. B prevailed at the trial court. Under the applicable rules, A has 30 days to file a notice appeal. B/c of a vacation and a busy schedule, L failed to comply with the 30-day deadline and A is now barred from pursuing an appeal. If the appeal had been filed, A would have prevailed. Is L subject to discipline or civil liability? Correct AnswersYes, L is subject to discipline and civil liability (i.e. malpractice). "Competent representation" requires: Correct Answersthe legal knowledge, skill, thoroughness, and preparation reasonably required; generally, the required proficiency is that of a general practitioner. May a lawyer retain a "consulting expert" in a field other than law? Correct AnswersYes, to assist in representing the client; their opinions, etc are generally protected from disclosure under FRCP 26; the consulting expert can sit at counsel table, attend depositions, attend settlement negotiations, etc. Client asks her friend, a criminal defense lawyer, to draft a will for client; although attorney has no experience drafting wills, may the attorney acquire such expertise through necessary study to handle the client's case? Correct AnswersYes. A has a difficult problem. A visits her former college roommate, L, and asks L to represent her. L is a domestic relations lawyer and has never handled a tax problem. A insists L take the case. May L take the case? Correct AnswersYes, if A undertakes a study of tax law necessary to competently handle the matter. May a tax lawyer assist a client with bail for a DUI at 2am when no other lawyers are available? Correct AnswersYes, in emergencies a lawyer may give advice or assistance on issues on which the lawyer is not fully competent, but the lawyer should refer the client to a competent lawyer or associate with a competent lawyer as soon as practical; the lawyer should also limit emergency advice to that reasonably necessary. Is it required by the model rules that a lawyer engage in continuing study and education of the law? Correct AnswersNo, but it is required by most state bars. If a lawyer believes that she is not (and cannot become) competent to effectively represent the client, must she decline representation? Correct AnswersYes. The elements of what apply to legal malpractice actions? Correct AnswersNegligence. A lawyer is expected to exercise a duty of care similar to that of an ordinary, prudent general practitioner; a lawyer who holds herself out as a specialist, may be subject to a higher standard. The Rules are not to be used by courts to establish the applicable standard of care, but may be used in malpractice cases "relevant evidence" of a breach of the standard of care. If a client's decision-making ability (i.e. mental incompetence, underage, etc.) and is appointed a guardian, may the guardian make decisions for the ward? Correct AnswersYes, but the lawyer shall continue to treat the ward with attention and respect. In what case may a lawyer seek the appointment of a guardian? Correct AnswersOnly if the lawyer reasonably believes the client cannot adequately act in the client's own best interests. In such cases, the lawyer is impliedly authorized to disclose confidential client info to the extent necessary to protect the client's interests. In an emergency, where the client's health, property, or finances are at risk and the client has not other rep, may a lawyer take steps to protect an impaired client, even if