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
the client is unable to establish an attorney-client relationship? Correct AnswersOnly if
such steps are necessary to maintain the status quo, and normally should not seek
compensation for such representation.
May a lawyer limit the right of a client to fire the lawyer? Correct Answersno.
May a lawyer ask the client to accept "incompetent" representation or waive claims for
ordinary negligence? Correct Answersno.
L's standard retainer agreement contains the following clause: "client agrees not to hold
L liable for negligence and agrees not to file suit against L." Is L subject to discipline?
Correct AnswersYes.
X asks L for tax advice. S found money in the street and wants to know whether it is
income for tax purposes. L tells X that it is income. X then informs L that he is not going
to report the found money as income and asks L for advice on how to prevent the IRS
from discovering the money. Would it be appropriate for L to give such advice? Correct
AnswersNo. and L must so inform X.
If a client insists upon evading tax laws and asks L to continue to represent him, what
should L do? Correct AnswersL should withdraw, but is not required to reveal the fraud
to the IRS. If L had prepared and filed a tax return for X (before learning of the fraud), L
could notify the IRS that he was withdrawing and disavow the return.
If L repeatedly fails to meet discovery deadlines for no legitimate reason, but her client
is not injured by her actions, is she subject to discipline? Correct AnswersYes.
A visits L's office and asks L to represent him in an automobile accident case. L only
handles tax cases, so L declines to represent A. L should: (4 things) Correct Answers(1)
advise A to visit other lawyers. (2) Advise A of any impending deadlines (stat of
limitations; if deadline is ab to expire, L may be req to do more such as filing a complaint
for A before declining rep); (3) protect A's confidences; and (4) notify A in writing that he
is declining the rep.
Must a lawyer provide info to the client even without request by the client? Correct
AnswersYes, keeping the client informed is an affirmative duty.
L represents A in the case of A v B. B's lawyer serves discovery requests on L. What
must L do per L's affirmative duty to keep her client informed. Correct AnswersL must
notify A of the receipt of these requests and send copies to A.
A lawyer must withhold info from a client if.. Correct Answersso ordered by the court
How may a lawyer be paid? Correct AnswersIn cash, checks, credit cards, and
property. Some payments in property, however, may be considered business
transactions bt lawyer and client and would be governed by R 1.8(requiring fairness, full
disclosure, and written consent).
A needs a lawyer to handle a difficult legal dispute. A wants to find a lawyer who will
devote every minute of the next 3 months to the dispute. A asks L to take the case. L
informs A that he will be forced to turn away $10k a month of other work to take the
case under those circumstances. A agrees to such terms. Can L properly charge $30k
for the next 3 months? Correct AnswersYes and L can require A to pay $30k retainer,
but if the case is resolved prior to that time, L must refund any unearned fees.
Except for ________, a lawyer must communicate to the client the rate and basis of the
fee, the scope of the representation and expenses for which the client will be
, responsible at the outset of rep (or asap as practical; a lawyer must also promptly
inform the client of changes to fees or expenses. Correct Answersregular clients that
are being represented at their regular rate
The law firm of A & B agreed to rep client in various business matters. The written
retainer agreement called for client to pay A & B's hourly rates at $180 per hour for an
associate's time. The rep proceeded. A & B submitted monthly bills, which client paid
promptly. After two years, A & B decided to increase their hour rates by $10. A & B
thereafter billed client at their new rate, but did not specifically inform Client. Client
continued to pay the bills promptly. Are A & B (as individuals) subject to discipline?
Correct AnswersYes, because Client did not consent to the increase.
In a proper newspaper ad, Attorney states that she will "handled uncontested divorces
for $400." Client asks Attn to handled her uncontested divorce for the $400 fee. Attn
accepts. Although uncontested, it turns out that Client's divorce involved some complex
tax issues for which the attn. was req to conduct 10 hours of research. Attn bills client fo
$2k, based on her hourly rate. Is attn. subject to discipline? Correct AnswersYes.
Contingent fees are proper except for: (3) Correct Answers(1) domestic relation cases
(2) criminal cases
(3) When the fee arrangement is not in the best interests of the client (i.e.
unconscionable)
What kind of domestic relation cases would allow an attorney to collect a contingent fee
as an exception to the general rule against doing so? Correct AnswersIf the lawyer is
hired simple to collect post divorce balances due for support, alimony, or marital
property settlement under a prior divorce decree.
An example of when a contingent fee is "not in the best interests of the client?" Correct
AnswersClient asks L to handle a simple closing, which will take 2 hours, but lawyer
insists upon a 33% contingent fee; In such cases the L must offer the client alternative
fee arranements.
May a lawyer split fees with other lawyers in their firm w/out prior notice to or consent of
the client as long as the overall fee is reasonable? Correct AnswersYes.
May a lawyer split fees with a non-lawyer witness or consultant under any
circumstances? Correct AnswersNo.
To split fees with outside attorneys: (3) Correct Answers(1) fee must be reasonable. (2)
division must be proportionate to services. (3) client agrees to arrangement, including
shares, confirmed in writing.
L is handling a complex domestic and internatl tax dispute for B. Although L is
experienced in domestic tax matters, he is not an expert in internatl tax matters. L would
like to ask A, an internatl tax lawyer in another firm, to assist L in the matter. L will
handle the domestic tax issues and A will handle the internatl tax issues. They will split
the fee in properortion to work each performs. Is this proper? Correct AnswersOnly if L
follows disclosure and consent rules.
B asks L to rep him in a neg case. L is an estate planning lawyer and does not handle
negligence cases. L wants to refer the case to A, L's law school classmate. As a
condition of such referral, L wants A to agree to give L 10% of any recovery (ie a referral
fee). Is this proper? Correct AnswersOnly if the lawyers follow the disclosure and
consent rules.
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
the client is unable to establish an attorney-client relationship? Correct AnswersOnly if
such steps are necessary to maintain the status quo, and normally should not seek
compensation for such representation.
May a lawyer limit the right of a client to fire the lawyer? Correct Answersno.
May a lawyer ask the client to accept "incompetent" representation or waive claims for
ordinary negligence? Correct Answersno.
L's standard retainer agreement contains the following clause: "client agrees not to hold
L liable for negligence and agrees not to file suit against L." Is L subject to discipline?
Correct AnswersYes.
X asks L for tax advice. S found money in the street and wants to know whether it is
income for tax purposes. L tells X that it is income. X then informs L that he is not going
to report the found money as income and asks L for advice on how to prevent the IRS
from discovering the money. Would it be appropriate for L to give such advice? Correct
AnswersNo. and L must so inform X.
If a client insists upon evading tax laws and asks L to continue to represent him, what
should L do? Correct AnswersL should withdraw, but is not required to reveal the fraud
to the IRS. If L had prepared and filed a tax return for X (before learning of the fraud), L
could notify the IRS that he was withdrawing and disavow the return.
If L repeatedly fails to meet discovery deadlines for no legitimate reason, but her client
is not injured by her actions, is she subject to discipline? Correct AnswersYes.
A visits L's office and asks L to represent him in an automobile accident case. L only
handles tax cases, so L declines to represent A. L should: (4 things) Correct Answers(1)
advise A to visit other lawyers. (2) Advise A of any impending deadlines (stat of
limitations; if deadline is ab to expire, L may be req to do more such as filing a complaint
for A before declining rep); (3) protect A's confidences; and (4) notify A in writing that he
is declining the rep.
Must a lawyer provide info to the client even without request by the client? Correct
AnswersYes, keeping the client informed is an affirmative duty.
L represents A in the case of A v B. B's lawyer serves discovery requests on L. What
must L do per L's affirmative duty to keep her client informed. Correct AnswersL must
notify A of the receipt of these requests and send copies to A.
A lawyer must withhold info from a client if.. Correct Answersso ordered by the court
How may a lawyer be paid? Correct AnswersIn cash, checks, credit cards, and
property. Some payments in property, however, may be considered business
transactions bt lawyer and client and would be governed by R 1.8(requiring fairness, full
disclosure, and written consent).
A needs a lawyer to handle a difficult legal dispute. A wants to find a lawyer who will
devote every minute of the next 3 months to the dispute. A asks L to take the case. L
informs A that he will be forced to turn away $10k a month of other work to take the
case under those circumstances. A agrees to such terms. Can L properly charge $30k
for the next 3 months? Correct AnswersYes and L can require A to pay $30k retainer,
but if the case is resolved prior to that time, L must refund any unearned fees.
Except for ________, a lawyer must communicate to the client the rate and basis of the
fee, the scope of the representation and expenses for which the client will be
, responsible at the outset of rep (or asap as practical; a lawyer must also promptly
inform the client of changes to fees or expenses. Correct Answersregular clients that
are being represented at their regular rate
The law firm of A & B agreed to rep client in various business matters. The written
retainer agreement called for client to pay A & B's hourly rates at $180 per hour for an
associate's time. The rep proceeded. A & B submitted monthly bills, which client paid
promptly. After two years, A & B decided to increase their hour rates by $10. A & B
thereafter billed client at their new rate, but did not specifically inform Client. Client
continued to pay the bills promptly. Are A & B (as individuals) subject to discipline?
Correct AnswersYes, because Client did not consent to the increase.
In a proper newspaper ad, Attorney states that she will "handled uncontested divorces
for $400." Client asks Attn to handled her uncontested divorce for the $400 fee. Attn
accepts. Although uncontested, it turns out that Client's divorce involved some complex
tax issues for which the attn. was req to conduct 10 hours of research. Attn bills client fo
$2k, based on her hourly rate. Is attn. subject to discipline? Correct AnswersYes.
Contingent fees are proper except for: (3) Correct Answers(1) domestic relation cases
(2) criminal cases
(3) When the fee arrangement is not in the best interests of the client (i.e.
unconscionable)
What kind of domestic relation cases would allow an attorney to collect a contingent fee
as an exception to the general rule against doing so? Correct AnswersIf the lawyer is
hired simple to collect post divorce balances due for support, alimony, or marital
property settlement under a prior divorce decree.
An example of when a contingent fee is "not in the best interests of the client?" Correct
AnswersClient asks L to handle a simple closing, which will take 2 hours, but lawyer
insists upon a 33% contingent fee; In such cases the L must offer the client alternative
fee arranements.
May a lawyer split fees with other lawyers in their firm w/out prior notice to or consent of
the client as long as the overall fee is reasonable? Correct AnswersYes.
May a lawyer split fees with a non-lawyer witness or consultant under any
circumstances? Correct AnswersNo.
To split fees with outside attorneys: (3) Correct Answers(1) fee must be reasonable. (2)
division must be proportionate to services. (3) client agrees to arrangement, including
shares, confirmed in writing.
L is handling a complex domestic and internatl tax dispute for B. Although L is
experienced in domestic tax matters, he is not an expert in internatl tax matters. L would
like to ask A, an internatl tax lawyer in another firm, to assist L in the matter. L will
handle the domestic tax issues and A will handle the internatl tax issues. They will split
the fee in properortion to work each performs. Is this proper? Correct AnswersOnly if L
follows disclosure and consent rules.
B asks L to rep him in a neg case. L is an estate planning lawyer and does not handle
negligence cases. L wants to refer the case to A, L's law school classmate. As a
condition of such referral, L wants A to agree to give L 10% of any recovery (ie a referral
fee). Is this proper? Correct AnswersOnly if the lawyers follow the disclosure and
consent rules.
