MPRE Exams (Correct Answers)
Who regulates lawyers?Correct AnswersState's highest court (primary), ABA,
legislature
Who adopts the state's ethical rules?Correct AnswersState's highest court
Who is the burden on to prove an applicant to a state's bar has good moral character?
Correct AnswersThe applicant
What are examples of requirements for lawyers that have been struck down as not
rational?Correct Answers(1) citizenship and (2) residency
What constitutes misconduct?Correct AnswersViolating, or attempting to violate the
rules, or assisting others to violate the rules.
What does it mean to do something prejudicial to the judicial process?Correct
AnswersGet in the way of the work of the courts.
Why is there a duty to report misconduct of another lawyer?Correct AnswersThe legal
system is a self-regulating profession.
When is mandatory to report a violation of the rules committed by another lawyer?
Correct AnswersWhen you KNOW of behavior that raises a substantial question as to
lawyer's honesty, trustworthiness or fitness to practice
What exceptions are there to the duty to report?Correct Answers(1) violation of
attorney-client confidentiality or (2) if learned as part of a lawyer's helping lawyer's
program
T/F: Appearing at judicial proceeding is an activity of the practice of law.Correct
AnswersTrue
T/F: Drafting documents is an activity of the practice of law.Correct AnswersTrue
T/F: Negotiating settlements is an activity of the practice of law.Correct AnswersTrue
T/F: Giving legal advice to clients is an activity of the practice of law.Correct
AnswersTrue
T/F: Interviewing people is an activity of the practice of law.Correct AnswersFalse
T/F: Filling in forms is an activity of the practice of law.Correct AnswersFalse
T/F: Preparing tax returns is an activity of the practice of law.Correct AnswersFalse
Is appearing pro se unauthorized practice of law?Correct AnswersNo.
Can you be disciplined for unauthorized practice of law if you help someone
represented pro se?Correct AnswersNo. Pro se representation is not the unauthorized
practice of law.
Which of these is NOT a method for out-of-state practice: (1) associate with a locally
licensed attorney OR (2) register for a temporary practice license with the local bar OR
(3) Limit practice to mediation or arbitrationCorrect Answers(2) Register for a temporary
practice license with the local bar.
Which of these is NOT a method for out-of-state practice: (1) Limit practice to matters
reasonably related to your home state practice OR (2) gain admission pro hac vice OR
(3) only practice in adjacent states.Correct Answers(3) Only practice in adjacent states.
What's a supervisory lawyer's responsibility when they're supervising someone who
violates the rules?Correct AnswersDuty to prevent ethical violations by making
reasonable efforts to ensure subordinates comply with RPC
,What's a partner lawyer or manager's responsibility when they're supervising someone
who violates the rules?Correct AnswersDuty to prevent ethical violations by
implementing measures to ensure compliance with RPC (i.e. conflict checks system)
Can a partner or supervisor be held vicariously responsible for a subordinate's
violation?Correct AnswersYes. If they know of the violation and do not take action to
remedy OR they ratirfy/order the violation.
If you violate a rule on the orders of a supervisor, are you liable?Correct AnswersYes,
unless action was a reasonable resolution of an arguable question of ethical conduct.
Can a lawyer form a partnership with a non-lawyer in a practice that provides legal
services?Correct AnswersNo. Violates rule of professional independence.
Can a non-lawyer control an ownership interest in a firm?Correct AnswersNo. Violates
rule of professional independence.
When can you split a fee with a non-lawyer?Correct Answers(1) death benefits to
lawyers estate (2) funds to purchase practice from deceased, disabled, disappeared
lawyer (3) bonus plans and regular salaries (4) court-awarded legal fees to nonprofit
that retained or recommended law firm
Can a law firm create an employment agreement that restricts an employee's right to
practice law?Correct AnswersNo. Violates rules against restrictions on right to practice
law.
True/False: The partners and managers in a law firm have to make reasonable efforts to
assure that the conduct of non-lawyers who are associated with the firm is compatible
with the obligations of the profession.Correct AnswersTrue.
Arie, a tax attorney, meets with client Chloe to prepare her taxes and provide legal
advice. Arie makes a serious error on the tax return, resulting in a costly audit.
Could Arie be subject to discipline for incompetently completing Chloe's tax return?
Correct AnswersYes, because if a lawyer provides nonlegal services in circumstances
that aren't distinct from the provision of legal services, then the rules of professional
conduct apply to both the legal and nonlegal services.
Abby is licensed to practice in State A but received "pro hac vice" permission from State
B to represent a client in a lawsuit in State B court. During the State B litigation, Abby
does something that violates the rules of professional conduct of State B. However, the
action is permitted under State A's rules. State B's choice of law rule follows the ABA
model rule.
Which state's rule will apply to Abby's conduct?Correct AnswersState B, because that is
where the litigation took place
Beth, an entertainment lawyer, forms a partnership with Jeff, a nonlawyer talent agent.
The partnership's purpose is to provide clients with a "one stop shop" for their needs.
Beth provided legal services on one side of the office, and Jeff worked as a talent agent
on the other side of the office. Jeff never did any legal work, and Beth made sure to
warn all clients that the protections of the attorney-client relationship did not apply to
their dealings with Jeff.
Is Beth subject to discipline?Correct AnswersYes. A lawyer must not form a partnership
with a nonlawyer if any part of the partnership activities will constitute the practice of
law. Because Beth formed a partnership with nonlawyer Jeff, and the partnership was
meant to provide legal services, Beth is subject to discipline.
, True/False: A lawyer is presumed to have accepted a client only when she provides an
affirmative acceptance letter.Correct AnswersFalse: A lawyer's assent to represent a
client is implied when she fails to clearly decline representation.
Must a lawyer accept a case when a client's motive is to harass a third party?Correct
AnswersNo. In fact, a lawyer has a duty to reject and may be subject to discipline for
taking actions to embarrass, delay or burden a third person (rule 4.4(a)).
When is a position either factually or legally frivolous?Correct AnswersWhen a good
faith argument can not be made.
Can a lawyer reject a case if he is too busy or inexperienced to handle the matter
competently?Correct AnswersYes, in fact he must.
Do lawyers have an ethical obligation to accept unpopular cases?Correct AnswersYes,
they have an ethical obligation to help make legal service available to all which includes
accepting a fair share of unpopular matters or indigent or unpopular clients (MR 6.2, c1)
Is a written fee agreement required?Correct AnswersNot generally, but it is preferable.
(MR 1.5(b))
True/False: Because attorney-client relationships are contract based, courts will enforce
signed fee agreements even if unreasonably high.Correct AnswersFalse. A court will
not enforce a contract for an unreasonably high attorney's fee or an unreasonably high
amount for expenses, and the attorney is subject to discipline for trying to exact such a
fee or expenses. (MR 1.5(a))
True/False: The time and labor required is considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The novelty and difficulty of the questions involved is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The skill needed to perform the legal services property is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False:The likelihood that the work for this client will preclude the lawyer from doing
fee-paying work for others is considered to determine if a fee is reasonable.Correct
AnswersTrue. (MR 1.5(a))
True/False: Customary fee charges are considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The amount at stake and results obtained are considered to determine if a
fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The time limitations imposed by the client or circumstances are considered
to determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The nature and length of the relationship between lawyer/client is
considered to determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The experience, reputation, and ability of the lawyer is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: Whether the fee is fixed or contingent is considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The client's ability to pay is considered to determine if a fee is
reasonable.Correct AnswersFalse. (MR 1.5(a))
True/False: The client's guilt or innocence is considered to determine if a fee is
reasonable.Correct AnswersFalse. (MR 1.5(a))
Who regulates lawyers?Correct AnswersState's highest court (primary), ABA,
legislature
Who adopts the state's ethical rules?Correct AnswersState's highest court
Who is the burden on to prove an applicant to a state's bar has good moral character?
Correct AnswersThe applicant
What are examples of requirements for lawyers that have been struck down as not
rational?Correct Answers(1) citizenship and (2) residency
What constitutes misconduct?Correct AnswersViolating, or attempting to violate the
rules, or assisting others to violate the rules.
What does it mean to do something prejudicial to the judicial process?Correct
AnswersGet in the way of the work of the courts.
Why is there a duty to report misconduct of another lawyer?Correct AnswersThe legal
system is a self-regulating profession.
When is mandatory to report a violation of the rules committed by another lawyer?
Correct AnswersWhen you KNOW of behavior that raises a substantial question as to
lawyer's honesty, trustworthiness or fitness to practice
What exceptions are there to the duty to report?Correct Answers(1) violation of
attorney-client confidentiality or (2) if learned as part of a lawyer's helping lawyer's
program
T/F: Appearing at judicial proceeding is an activity of the practice of law.Correct
AnswersTrue
T/F: Drafting documents is an activity of the practice of law.Correct AnswersTrue
T/F: Negotiating settlements is an activity of the practice of law.Correct AnswersTrue
T/F: Giving legal advice to clients is an activity of the practice of law.Correct
AnswersTrue
T/F: Interviewing people is an activity of the practice of law.Correct AnswersFalse
T/F: Filling in forms is an activity of the practice of law.Correct AnswersFalse
T/F: Preparing tax returns is an activity of the practice of law.Correct AnswersFalse
Is appearing pro se unauthorized practice of law?Correct AnswersNo.
Can you be disciplined for unauthorized practice of law if you help someone
represented pro se?Correct AnswersNo. Pro se representation is not the unauthorized
practice of law.
Which of these is NOT a method for out-of-state practice: (1) associate with a locally
licensed attorney OR (2) register for a temporary practice license with the local bar OR
(3) Limit practice to mediation or arbitrationCorrect Answers(2) Register for a temporary
practice license with the local bar.
Which of these is NOT a method for out-of-state practice: (1) Limit practice to matters
reasonably related to your home state practice OR (2) gain admission pro hac vice OR
(3) only practice in adjacent states.Correct Answers(3) Only practice in adjacent states.
What's a supervisory lawyer's responsibility when they're supervising someone who
violates the rules?Correct AnswersDuty to prevent ethical violations by making
reasonable efforts to ensure subordinates comply with RPC
,What's a partner lawyer or manager's responsibility when they're supervising someone
who violates the rules?Correct AnswersDuty to prevent ethical violations by
implementing measures to ensure compliance with RPC (i.e. conflict checks system)
Can a partner or supervisor be held vicariously responsible for a subordinate's
violation?Correct AnswersYes. If they know of the violation and do not take action to
remedy OR they ratirfy/order the violation.
If you violate a rule on the orders of a supervisor, are you liable?Correct AnswersYes,
unless action was a reasonable resolution of an arguable question of ethical conduct.
Can a lawyer form a partnership with a non-lawyer in a practice that provides legal
services?Correct AnswersNo. Violates rule of professional independence.
Can a non-lawyer control an ownership interest in a firm?Correct AnswersNo. Violates
rule of professional independence.
When can you split a fee with a non-lawyer?Correct Answers(1) death benefits to
lawyers estate (2) funds to purchase practice from deceased, disabled, disappeared
lawyer (3) bonus plans and regular salaries (4) court-awarded legal fees to nonprofit
that retained or recommended law firm
Can a law firm create an employment agreement that restricts an employee's right to
practice law?Correct AnswersNo. Violates rules against restrictions on right to practice
law.
True/False: The partners and managers in a law firm have to make reasonable efforts to
assure that the conduct of non-lawyers who are associated with the firm is compatible
with the obligations of the profession.Correct AnswersTrue.
Arie, a tax attorney, meets with client Chloe to prepare her taxes and provide legal
advice. Arie makes a serious error on the tax return, resulting in a costly audit.
Could Arie be subject to discipline for incompetently completing Chloe's tax return?
Correct AnswersYes, because if a lawyer provides nonlegal services in circumstances
that aren't distinct from the provision of legal services, then the rules of professional
conduct apply to both the legal and nonlegal services.
Abby is licensed to practice in State A but received "pro hac vice" permission from State
B to represent a client in a lawsuit in State B court. During the State B litigation, Abby
does something that violates the rules of professional conduct of State B. However, the
action is permitted under State A's rules. State B's choice of law rule follows the ABA
model rule.
Which state's rule will apply to Abby's conduct?Correct AnswersState B, because that is
where the litigation took place
Beth, an entertainment lawyer, forms a partnership with Jeff, a nonlawyer talent agent.
The partnership's purpose is to provide clients with a "one stop shop" for their needs.
Beth provided legal services on one side of the office, and Jeff worked as a talent agent
on the other side of the office. Jeff never did any legal work, and Beth made sure to
warn all clients that the protections of the attorney-client relationship did not apply to
their dealings with Jeff.
Is Beth subject to discipline?Correct AnswersYes. A lawyer must not form a partnership
with a nonlawyer if any part of the partnership activities will constitute the practice of
law. Because Beth formed a partnership with nonlawyer Jeff, and the partnership was
meant to provide legal services, Beth is subject to discipline.
, True/False: A lawyer is presumed to have accepted a client only when she provides an
affirmative acceptance letter.Correct AnswersFalse: A lawyer's assent to represent a
client is implied when she fails to clearly decline representation.
Must a lawyer accept a case when a client's motive is to harass a third party?Correct
AnswersNo. In fact, a lawyer has a duty to reject and may be subject to discipline for
taking actions to embarrass, delay or burden a third person (rule 4.4(a)).
When is a position either factually or legally frivolous?Correct AnswersWhen a good
faith argument can not be made.
Can a lawyer reject a case if he is too busy or inexperienced to handle the matter
competently?Correct AnswersYes, in fact he must.
Do lawyers have an ethical obligation to accept unpopular cases?Correct AnswersYes,
they have an ethical obligation to help make legal service available to all which includes
accepting a fair share of unpopular matters or indigent or unpopular clients (MR 6.2, c1)
Is a written fee agreement required?Correct AnswersNot generally, but it is preferable.
(MR 1.5(b))
True/False: Because attorney-client relationships are contract based, courts will enforce
signed fee agreements even if unreasonably high.Correct AnswersFalse. A court will
not enforce a contract for an unreasonably high attorney's fee or an unreasonably high
amount for expenses, and the attorney is subject to discipline for trying to exact such a
fee or expenses. (MR 1.5(a))
True/False: The time and labor required is considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The novelty and difficulty of the questions involved is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The skill needed to perform the legal services property is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False:The likelihood that the work for this client will preclude the lawyer from doing
fee-paying work for others is considered to determine if a fee is reasonable.Correct
AnswersTrue. (MR 1.5(a))
True/False: Customary fee charges are considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The amount at stake and results obtained are considered to determine if a
fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The time limitations imposed by the client or circumstances are considered
to determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The nature and length of the relationship between lawyer/client is
considered to determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The experience, reputation, and ability of the lawyer is considered to
determine if a fee is reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: Whether the fee is fixed or contingent is considered to determine if a fee is
reasonable.Correct AnswersTrue. (MR 1.5(a))
True/False: The client's ability to pay is considered to determine if a fee is
reasonable.Correct AnswersFalse. (MR 1.5(a))
True/False: The client's guilt or innocence is considered to determine if a fee is
reasonable.Correct AnswersFalse. (MR 1.5(a))
