MPRE Practice Exercise (Correct Answers)
Decisions to be made by the client Correct Answers1. Whether to accept a settlement
offer
2. What to plea in a criminal case
3. Whether to waive a jury trial in a criminal case
4. Whether to testify in a criminal case
5. Whether to appeal
Terminating Lawyer Client Relationship Correct Answers1. Client fires the lawyer
(quantum merit but it contingent fee the claim does not arise until until contingency
comes to pass); may be subject to court approval
2. Lawyer must withdraw
3. The lawyer may withdraw
Mandatory withdraw Correct Answers1. Lawyer's physical or mental condition; or
continued rep violates rules
Permissive withdraw Correct AnswersFor any reason if no adverse impact and despite
adverse impact if 1) client persists in criminal or fraudulent conduct; 2) client has used
lawyer to commit a past fraud; 3) objective is repugnant; 4) client breaks promise; 5)
unreasonable financial burden; 6) client will not cooperate; 7) other good cause.
Ethics violation as evidence of malpractice Correct AnswersViolation of ethics rule does
not automatically mean that the lawyer has committed malpractice; but courts do treat it
as relevant evidence of malpractice.
Theories of malpractice liability Correct AnswersIntentional tort; breach of fiduciary
duties; breach of contract; negligence.
Settling malpractice Correct AnswersCannot settle a claim with an unrepresented client
or former client without first advising that person in writing, to seek independent advice
about the settlement and giving that person time to seek advice.
Ethical duty of confidentiaity Correct AnswersPrevents the attorney from voluntarily
disclosing or misusing confidential information, and it applies in every context where the
attorney client privilege does not apply. Covers info protected by the privilege and any
other info relating to the representation, no matter what the source.
Attorney Client Privilege & corporate clients Correct AnswersPrivilege covers
communications between the lawyer and a high ranking corporate official and other
employees if 1) the employee communicates with the lawyer at the direction of the
employee's supervisor; 2) employee knows that the purpose of the communication is to
obtain legal advice for the corporation; 3) communication concerns a subject within the
scope of the employee's duties to act for the corporation.
Communications (attorney client privilege) Correct AnswersDoes not cover the client's
identity or the fee arrangement between the client and attorney, unless disclosing those
facts is tantamount to disclosing a privileged communication. Privilege does not apply to
pre-existing this, i.e. the evidence of a crime (he may keep only long enough to gather
necessary information.
Who holds the privilege Correct AnswersClient, not attorney hold the privilege; if client is
not present, the attorney must claim the privilege on client's behalf.
, Exceptions to AC Privilege Correct Answers1) client seeks service to engage in or
assist a future crime or fraud; 2) communication is relevant to an issue of breach of the
duties arising out of the relationship; 3) civil litigation arises between two persons who
were formerly joint clients of the attorney; 4) attorney is asked for evidence about the
competency or intent of a client who has attempted to dispose of property by will or inter
vivos transfer
Exceptions to ethical duty of confidentiality Correct Answers1) Client's informed consent
and implied authority; 2) dispute concerning attorney's conduct; 3) disclosure to obtain
legal ethics advice; 4) disclosure required by law or court order; 5) to prevent death or
substantial bodily harm (note this is within the lawyer's discretion); 6) to prevent or
mitigate substantial financial harm (this is limited to circumstances where the client has
used the lawyer's services.
Consequences of a conflict of interest Correct AnswersIf it is apparent before a lawyer
takes on a client's matter, the lawyer must not take it on; if after the attorney must
withdraw.
Imputed Conflicts Correct AnswersGenerally, lawyers who practice together in a "firm"
are treated as a single unit for conflict of interest purposes.
Steps to resolving a conflict Correct Answers1) would a disinterested lawyer conclude
that the client should not agree to the representation; 2) Does the lawyer reasonably
believe that the representation will not affect his relationship with the other client; 3) has
each client given written consent to the representation.
Exceptions to imputed disqualification Correct Answers1) personal to the lawyer or
involves duties owed to former clients and the disqualified lawyer is timely screened and
is apportioned no part of the fee in the matter.
Concurrent conflicts Correct AnswersLawyer must not represent a client if 1) the
representation of one client will be directly adverse to another client or; 2) there is a
significant risk that the representation of one client will be materially limited by the
lawyer's own interest or by the lawyer's responsibilities to another client, former client or
third person.
Unnamed members of a class and conflicts Correct AnswersIn a class action litigation,
the unnamed members of a class ordinarily are not regarded as clients for conflict of
interest purposes.
Confidentiality and Privilege Problems Correct AnswersIn litigation between two former
joint clients of a single lawyer, neither client can claim the attorney-client privilege;
therefore, before undertaking multiple representation, the lawyer should explain that
whatever one client discloses will be shared with the other client.
Fee Factors Correct AnswersTime and labor required; novelty and difficulty of the
questions involved; the skill required; whether the lawyer is precluded from other work;
what other lawyers in the community charge; the amount at stake and the results
obtained; time limitations; the experience, reputation, and ability of the lawyer, and
whether the fee is fixed or contingent.
Business transactions with client Correct AnswersNot allowed unless 1) terms of the
transaction are fair to client; 2) fully disclosed to client in writing; 3) client is advised in
writing that he should get the advise of another independent lawyer before entering into
that arrangement; 4) client gives informed consent, in writing that the client signs.
Decisions to be made by the client Correct Answers1. Whether to accept a settlement
offer
2. What to plea in a criminal case
3. Whether to waive a jury trial in a criminal case
4. Whether to testify in a criminal case
5. Whether to appeal
Terminating Lawyer Client Relationship Correct Answers1. Client fires the lawyer
(quantum merit but it contingent fee the claim does not arise until until contingency
comes to pass); may be subject to court approval
2. Lawyer must withdraw
3. The lawyer may withdraw
Mandatory withdraw Correct Answers1. Lawyer's physical or mental condition; or
continued rep violates rules
Permissive withdraw Correct AnswersFor any reason if no adverse impact and despite
adverse impact if 1) client persists in criminal or fraudulent conduct; 2) client has used
lawyer to commit a past fraud; 3) objective is repugnant; 4) client breaks promise; 5)
unreasonable financial burden; 6) client will not cooperate; 7) other good cause.
Ethics violation as evidence of malpractice Correct AnswersViolation of ethics rule does
not automatically mean that the lawyer has committed malpractice; but courts do treat it
as relevant evidence of malpractice.
Theories of malpractice liability Correct AnswersIntentional tort; breach of fiduciary
duties; breach of contract; negligence.
Settling malpractice Correct AnswersCannot settle a claim with an unrepresented client
or former client without first advising that person in writing, to seek independent advice
about the settlement and giving that person time to seek advice.
Ethical duty of confidentiaity Correct AnswersPrevents the attorney from voluntarily
disclosing or misusing confidential information, and it applies in every context where the
attorney client privilege does not apply. Covers info protected by the privilege and any
other info relating to the representation, no matter what the source.
Attorney Client Privilege & corporate clients Correct AnswersPrivilege covers
communications between the lawyer and a high ranking corporate official and other
employees if 1) the employee communicates with the lawyer at the direction of the
employee's supervisor; 2) employee knows that the purpose of the communication is to
obtain legal advice for the corporation; 3) communication concerns a subject within the
scope of the employee's duties to act for the corporation.
Communications (attorney client privilege) Correct AnswersDoes not cover the client's
identity or the fee arrangement between the client and attorney, unless disclosing those
facts is tantamount to disclosing a privileged communication. Privilege does not apply to
pre-existing this, i.e. the evidence of a crime (he may keep only long enough to gather
necessary information.
Who holds the privilege Correct AnswersClient, not attorney hold the privilege; if client is
not present, the attorney must claim the privilege on client's behalf.
, Exceptions to AC Privilege Correct Answers1) client seeks service to engage in or
assist a future crime or fraud; 2) communication is relevant to an issue of breach of the
duties arising out of the relationship; 3) civil litigation arises between two persons who
were formerly joint clients of the attorney; 4) attorney is asked for evidence about the
competency or intent of a client who has attempted to dispose of property by will or inter
vivos transfer
Exceptions to ethical duty of confidentiality Correct Answers1) Client's informed consent
and implied authority; 2) dispute concerning attorney's conduct; 3) disclosure to obtain
legal ethics advice; 4) disclosure required by law or court order; 5) to prevent death or
substantial bodily harm (note this is within the lawyer's discretion); 6) to prevent or
mitigate substantial financial harm (this is limited to circumstances where the client has
used the lawyer's services.
Consequences of a conflict of interest Correct AnswersIf it is apparent before a lawyer
takes on a client's matter, the lawyer must not take it on; if after the attorney must
withdraw.
Imputed Conflicts Correct AnswersGenerally, lawyers who practice together in a "firm"
are treated as a single unit for conflict of interest purposes.
Steps to resolving a conflict Correct Answers1) would a disinterested lawyer conclude
that the client should not agree to the representation; 2) Does the lawyer reasonably
believe that the representation will not affect his relationship with the other client; 3) has
each client given written consent to the representation.
Exceptions to imputed disqualification Correct Answers1) personal to the lawyer or
involves duties owed to former clients and the disqualified lawyer is timely screened and
is apportioned no part of the fee in the matter.
Concurrent conflicts Correct AnswersLawyer must not represent a client if 1) the
representation of one client will be directly adverse to another client or; 2) there is a
significant risk that the representation of one client will be materially limited by the
lawyer's own interest or by the lawyer's responsibilities to another client, former client or
third person.
Unnamed members of a class and conflicts Correct AnswersIn a class action litigation,
the unnamed members of a class ordinarily are not regarded as clients for conflict of
interest purposes.
Confidentiality and Privilege Problems Correct AnswersIn litigation between two former
joint clients of a single lawyer, neither client can claim the attorney-client privilege;
therefore, before undertaking multiple representation, the lawyer should explain that
whatever one client discloses will be shared with the other client.
Fee Factors Correct AnswersTime and labor required; novelty and difficulty of the
questions involved; the skill required; whether the lawyer is precluded from other work;
what other lawyers in the community charge; the amount at stake and the results
obtained; time limitations; the experience, reputation, and ability of the lawyer, and
whether the fee is fixed or contingent.
Business transactions with client Correct AnswersNot allowed unless 1) terms of the
transaction are fair to client; 2) fully disclosed to client in writing; 3) client is advised in
writing that he should get the advise of another independent lawyer before entering into
that arrangement; 4) client gives informed consent, in writing that the client signs.
