MPRE Exercise (Correct Answers)
A toy manufacturer was sued by the parent of a child injured by one of its products. As
the manufacturers attorney was preparing to respond to a discovery request from the
plaintiff, the attorney found a document that was very damaging to his clients case. Prior
to complying with the discovery request and turning over the document, the attorney
called his opposing counsel and offered to settle the case. The attorney stated that
although he believed his client was very likely to win a summary judgment motion, they
would settle the case for a modest amount save the costs of litigation. In fact, the
attorney believed his client had no chance of winning a summary judgment motion and
was also likely to lose at trial based on the document he had found. The opposing
counsel declined the attorneys offer. The attorney turned over the document, and the
case proceeded to trial, where judgment was awarded to the plaintiff.
Wer Correct AnswersYes, because the attorneys statement did not constitute a
statement of fact.
An attorney was convinced that his client was suffering from dementia. The attorney
spoke to his client's family physician and the client's only daughter to determine whether
a guardian should be appointed to monitor the clients finances. These were the only
discussions the attorney had ever had with either the physician or the daughter. In these
discussions, the attorney revealed confidential information about a bank account
maintained by the client before learning that the daughter and her mother were
estranged because the daughter had stolen from her mother in the past.
Was the attorneys revelation of the confidential information proper? Correct AnswersNo,
because the attorney did not first determine whether either the doctor or his clients
daughter might act adversely to his client's interests.
In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyed. The attorney, who
had used and compensated the surveyor in previous, similar situations for other clients,
described the purpose of the survey and the party she represented to the surveyor. The
retainer agreement between the attorney and the client specified that the client was
responsible for payment of all litigation expenses. The surveyor performed a survey of
the disputed boundary and submitted an invoice to the attorney for the agreement-upon
amount. Prior to payment of this invoice, the client paid the attorney her fee as agreed
upon in the retainer agreement but refused to pay the attorney for the cost of the
survey.
Is the attorney likely subject to civil liability to the surveyor for the unpaid invoice?
Correct AnswersYes, because of the nature of the services rendered by the surveyor.
A plaintiff filed a personal complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of
the defendant. The judges niece was a salaried associate in the estate planning
department of the law firm representing the plaintiff. At the initial scheduling conference,
,the judge disclosed this relationship to the parties. Subsequently the judge also
disclosed that a person listed by the plaintiff as a material witness was his wife's
nephew. Neither the niece nor the nephew resided in the judge's household. Neither
party moved to disqualify the judge. Other than the disclosures made by he judge there
were no grounds upon which the judges impartiality could be reasonably questioned.
Should the judge disqualify himself from presiding over this action? Correct
AnswersYes, because the judges familial relationship with the material witness.
An attorney was passionate about civil rights, but the jurisdiction in which he practiced
was less progressive than he. The attorney accepted the case of a client whose claim
was not supported by law within the jurisdiction. If the client had been able to bring the
claim in another state, however, his claim would likely have been successful. the
attorney accepted the claim despite his knowledge that the client would lose because
he was confident that the media attention would provide momentum for a change of the
law. He notified the client of the likelihood of losing, but the client wished to pursue the
claim regardless.
Is the attorney subject to discipline for bringing this suit? Correct AnswersNo, because
the case, even if unsuccessful, might lead to a change in existing law.
While using the copy machine, a transactional associate overheard two summer interns
talking in the next room about a litigation associate in the firm. The interns, who did not
see the transactional associate or know he was there, discussed the litigation
associate's behavior and speculated that she had been drinking while at work. They
said they believed that her drinking had caused her to make several mistakes in active
cases. The interns never mentioned the litigation associate by name, but the
transactional associate knew that they primarily worked with one attorney. He had never
seen the litigation associate drinking and has always heard that her work was
satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the
disciplinary board against the litigation associate that included allegations related to
Correct AnswersNo, because the transactional associate did not have actual knowledge
of any misconduct.
An attorney represented a corporation in a suit brought by one of its competitors for
misappropriation of trade secrets. Shortly before trial but after the discovery deadlines
had passed the corporations chief engineer told the attorney that he had found
memorandum he had written to himself the previous year. The statements in the
memorandum aligned with he chief engineers version of the events in question and
directly contradicted the competitors claims. The attorney was skeptical of the
documents authentic because it had not been produced during the discovery process,
and he believed that it may have been fabricated for trial purposes. Although the chief
engineer assured the attorney that the document was authentic, the attorney continued
to have doubts. Nonetheless, the attorney offered the document into evidence during
his examination of the chief engineer at trial.
Was the attorney's action in offering the doc Correct AnswersYes, because the attorney
did not know the evidence was false.
, An attorney represented a father in a custody dispute with his ex-wife regarding their
child. As a result of the custody proceeding, the father lose custody of his child.
Subsequently, the father sued the attorney, asserting that the attorney failed to diligently
represent him in the proceeding because she had taken on too many clients. At trial, the
attorney seeks to disclose information she acquired from her client regarding his
finances as evidence that he is suing because he is upset about the significant support
payments he had to make.
Is the attorney's disclosure of the financial information she acquired form her client
proper? Correct AnswersNo, because her client's finances are not relevant to the
dispute.
An associate in a small law firm represented a property owner in a suit against the
former owner, a corporation, for fraud with regard to the sale of the property. The
associate has learned that the largest shareholder of a wholly owned subsidiary of the
corporation is the managing partner of the law firm. If the property owner is successful
in the action, the corporation and its subsidiary would be crippled financially, and the
managing partner would likely see a significant decline in the value of his stock, which
represents a substantial portion of the managing partner's retirement portfolio.
Must the associate share with the property owner the information regarding the
managing partner's relationship to the corporation and seek the property owner's
consent in order to continue representing him? Correct AnswersYes, because there is a
significant risk of the managing partner's relationship to the opposing party materially
limiting the associate's representation of the property owner.
An attorney represented a shopkeeper who was trying to sell his business, and was
approached by an interested buyer. The attorney told the potential buyer that she
believed the the opportunity to purchase the business would be brief because the
business was being offered at a very low price. In fact, the attorney believed that the
business was priced too high and that the shopkeeper would have difficulty selling it for
that reason.
Was the attorney's statement to the potential buyer proper? Correct AnswersYes,
because the attorney's statement did not constitute a statement of fact.
The beneficiary of an estate, who was indigent, met with an attorney about the
possibility of representing him in a dispute over his share of the estate. The attorney's
secretary attended the meeting to take notes. After discussing the matter with he
beneficiary, the attorney stated that she could not take the case because her
reasonable fee would exceed the amount of the potential recovery. Later, the attorney
learned from another attorney that the second attorney had agreed to represent the
beneficiary. The attorney discussed the beneficiary's position with the second attorney,
advising the lawyer of what she believed were some weaknesses in the case.
Did the attorney who elected not to represent the beneficiary behave properly? Correct
AnswersNo, because she breached a duty of confidentiality she owed to the beneficiary.
An attorney, acting on behalf of a wealthy client, entered into negotiations to purchase
land from its owner. Solely in order to forestall the seller from raising the asking price
A toy manufacturer was sued by the parent of a child injured by one of its products. As
the manufacturers attorney was preparing to respond to a discovery request from the
plaintiff, the attorney found a document that was very damaging to his clients case. Prior
to complying with the discovery request and turning over the document, the attorney
called his opposing counsel and offered to settle the case. The attorney stated that
although he believed his client was very likely to win a summary judgment motion, they
would settle the case for a modest amount save the costs of litigation. In fact, the
attorney believed his client had no chance of winning a summary judgment motion and
was also likely to lose at trial based on the document he had found. The opposing
counsel declined the attorneys offer. The attorney turned over the document, and the
case proceeded to trial, where judgment was awarded to the plaintiff.
Wer Correct AnswersYes, because the attorneys statement did not constitute a
statement of fact.
An attorney was convinced that his client was suffering from dementia. The attorney
spoke to his client's family physician and the client's only daughter to determine whether
a guardian should be appointed to monitor the clients finances. These were the only
discussions the attorney had ever had with either the physician or the daughter. In these
discussions, the attorney revealed confidential information about a bank account
maintained by the client before learning that the daughter and her mother were
estranged because the daughter had stolen from her mother in the past.
Was the attorneys revelation of the confidential information proper? Correct AnswersNo,
because the attorney did not first determine whether either the doctor or his clients
daughter might act adversely to his client's interests.
In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyed. The attorney, who
had used and compensated the surveyor in previous, similar situations for other clients,
described the purpose of the survey and the party she represented to the surveyor. The
retainer agreement between the attorney and the client specified that the client was
responsible for payment of all litigation expenses. The surveyor performed a survey of
the disputed boundary and submitted an invoice to the attorney for the agreement-upon
amount. Prior to payment of this invoice, the client paid the attorney her fee as agreed
upon in the retainer agreement but refused to pay the attorney for the cost of the
survey.
Is the attorney likely subject to civil liability to the surveyor for the unpaid invoice?
Correct AnswersYes, because of the nature of the services rendered by the surveyor.
A plaintiff filed a personal complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of
the defendant. The judges niece was a salaried associate in the estate planning
department of the law firm representing the plaintiff. At the initial scheduling conference,
,the judge disclosed this relationship to the parties. Subsequently the judge also
disclosed that a person listed by the plaintiff as a material witness was his wife's
nephew. Neither the niece nor the nephew resided in the judge's household. Neither
party moved to disqualify the judge. Other than the disclosures made by he judge there
were no grounds upon which the judges impartiality could be reasonably questioned.
Should the judge disqualify himself from presiding over this action? Correct
AnswersYes, because the judges familial relationship with the material witness.
An attorney was passionate about civil rights, but the jurisdiction in which he practiced
was less progressive than he. The attorney accepted the case of a client whose claim
was not supported by law within the jurisdiction. If the client had been able to bring the
claim in another state, however, his claim would likely have been successful. the
attorney accepted the claim despite his knowledge that the client would lose because
he was confident that the media attention would provide momentum for a change of the
law. He notified the client of the likelihood of losing, but the client wished to pursue the
claim regardless.
Is the attorney subject to discipline for bringing this suit? Correct AnswersNo, because
the case, even if unsuccessful, might lead to a change in existing law.
While using the copy machine, a transactional associate overheard two summer interns
talking in the next room about a litigation associate in the firm. The interns, who did not
see the transactional associate or know he was there, discussed the litigation
associate's behavior and speculated that she had been drinking while at work. They
said they believed that her drinking had caused her to make several mistakes in active
cases. The interns never mentioned the litigation associate by name, but the
transactional associate knew that they primarily worked with one attorney. He had never
seen the litigation associate drinking and has always heard that her work was
satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the
disciplinary board against the litigation associate that included allegations related to
Correct AnswersNo, because the transactional associate did not have actual knowledge
of any misconduct.
An attorney represented a corporation in a suit brought by one of its competitors for
misappropriation of trade secrets. Shortly before trial but after the discovery deadlines
had passed the corporations chief engineer told the attorney that he had found
memorandum he had written to himself the previous year. The statements in the
memorandum aligned with he chief engineers version of the events in question and
directly contradicted the competitors claims. The attorney was skeptical of the
documents authentic because it had not been produced during the discovery process,
and he believed that it may have been fabricated for trial purposes. Although the chief
engineer assured the attorney that the document was authentic, the attorney continued
to have doubts. Nonetheless, the attorney offered the document into evidence during
his examination of the chief engineer at trial.
Was the attorney's action in offering the doc Correct AnswersYes, because the attorney
did not know the evidence was false.
, An attorney represented a father in a custody dispute with his ex-wife regarding their
child. As a result of the custody proceeding, the father lose custody of his child.
Subsequently, the father sued the attorney, asserting that the attorney failed to diligently
represent him in the proceeding because she had taken on too many clients. At trial, the
attorney seeks to disclose information she acquired from her client regarding his
finances as evidence that he is suing because he is upset about the significant support
payments he had to make.
Is the attorney's disclosure of the financial information she acquired form her client
proper? Correct AnswersNo, because her client's finances are not relevant to the
dispute.
An associate in a small law firm represented a property owner in a suit against the
former owner, a corporation, for fraud with regard to the sale of the property. The
associate has learned that the largest shareholder of a wholly owned subsidiary of the
corporation is the managing partner of the law firm. If the property owner is successful
in the action, the corporation and its subsidiary would be crippled financially, and the
managing partner would likely see a significant decline in the value of his stock, which
represents a substantial portion of the managing partner's retirement portfolio.
Must the associate share with the property owner the information regarding the
managing partner's relationship to the corporation and seek the property owner's
consent in order to continue representing him? Correct AnswersYes, because there is a
significant risk of the managing partner's relationship to the opposing party materially
limiting the associate's representation of the property owner.
An attorney represented a shopkeeper who was trying to sell his business, and was
approached by an interested buyer. The attorney told the potential buyer that she
believed the the opportunity to purchase the business would be brief because the
business was being offered at a very low price. In fact, the attorney believed that the
business was priced too high and that the shopkeeper would have difficulty selling it for
that reason.
Was the attorney's statement to the potential buyer proper? Correct AnswersYes,
because the attorney's statement did not constitute a statement of fact.
The beneficiary of an estate, who was indigent, met with an attorney about the
possibility of representing him in a dispute over his share of the estate. The attorney's
secretary attended the meeting to take notes. After discussing the matter with he
beneficiary, the attorney stated that she could not take the case because her
reasonable fee would exceed the amount of the potential recovery. Later, the attorney
learned from another attorney that the second attorney had agreed to represent the
beneficiary. The attorney discussed the beneficiary's position with the second attorney,
advising the lawyer of what she believed were some weaknesses in the case.
Did the attorney who elected not to represent the beneficiary behave properly? Correct
AnswersNo, because she breached a duty of confidentiality she owed to the beneficiary.
An attorney, acting on behalf of a wealthy client, entered into negotiations to purchase
land from its owner. Solely in order to forestall the seller from raising the asking price
