MPRE FINAL EXAM (Correct Answers)
A lawyer assigned his secretary to manage his client trust account. The lawyer gave the
secretary extensive, detailed instructions about the kinds of records to keep,Correct
AnswersA. Yes, because he did not adequately supervise the secretary
1. Two years ago, when a couple divorced in State A, the court awarded the wife
custody of the three children and ordered the husband to pay wife $3,000 per month in
child support and alimony payments.Correct AnswersA. No, as long as $5,100 is a
reasonable fee for the work he did.
1. An attorney represented a landlord in a dispute with her longtime tenant, who had
recently decided not to renew his lease. The landlord wanted to retain the security
deposit to pay for extensive damage to the carpetingCorrect AnswersD. No, because
the landlord and tenant spoke to each other directly.
1. A man who has been arrested and charged w/ aggravated battery hires an attorney
recommended to him by his brother. Neither the accused nor his brother knows that the
attorney plans to run for public office and is always interested in getting as much
publicityCorrect AnswersA. Yes, because the attorney did not convey the offer of a
lesser charge to her client.
1. The state in which a tax attorney practices levies an annual tax on trusts for the
benefit of minors. Tax returns must be filed, and the taxes must be paid, by March
15;Correct AnswersA. Yes, even though the March 15 deadline has not yet passed.
1. A full time judge lives in state A. Her father lives in a retirement home in State B. The
judge's father told her that several of his friends in the retirement home had employed
an attorney to write wills for themCorrect AnswersA. Yes, because she has received
information indicating a substantial likelihood that the attorney has violated legal ethics.
1. A judge serves on a state trial court that has nine other judges. Her husband is a life
insurance salesman for a large life insurance company.Correct AnswersA. Yes,
because acceptance of the prize cannot reasonably be perceived as undermining the
judge's integrity or impartiality
1. A law student is applying for admission to the State A Bar. When the law student was
in high school, he and his parents lived in State B. His next door neighbor was an
attorney admitted to practice in State BCorrect AnswersD. She should state what she
knows about the law student, including mention of his burglary conviction.
1. A patent attorney focuses her practice on patents that involve genetically engineered
medicines. Representatives of a bioengineering firm had a preliminary conversation with
the attorney about representing the bioengineering firm in a patent infringement action
against a pharmaceutical corporation.Correct AnswersD. No, because the prior
conversation between the attorney and the bioengineering firm's representatives did not
involve confidential information.
1. A law firm represented an oil company in a merger transaction in which the oil
company acquired all of the assets of a smaller petroleum company in exchange for a
specified amount of capital stock of the oil company. The law firm's work for the oil
company was limited to the antitrust and securities law issues raised by the merger, and
the firm lawyers who worked on the matterCorrect AnswersA. No, because the merger
matter and the discrimination case are unrelated matters and because the law firm did
, not gain confidential information from the oil company that would be material in the
discrimination case.
1. A potential client consulted an attorney, hoping to hire her to represent him as plaintiff
in a medical malpractice action against his doctor. Without mentioning the doctors
name, the client described the alleged acts of malpractice and said that they happened
more than two years ago.Correct AnswersA. No, because the attorney did what a
reasonably prudent lawyer would do in the circumstances---decline to represent the
potential client and suggest that he consult other counsel
1. A swimming coach was charged with assault of another coach. The swimming coach
hired a criminal attorney to defend him. Subsequently, the swimming coach pleaded not
guilty and was released on his own recognizance,Correct AnswersC. Yes, provided that
the swimming coach proves by a preponderance of evidence that he did not commit the
assault on the opposing coach.
1. A lawyer represents a client who is a writer and producer of Broadway stage plays.
This morning the client telephoned the lawyer with great news-a famous actor has
agreed to star in his new stage play. The client stated that with this famous actor in the
lead, the play is certain to be a long-runner blockbuster.Correct AnswersC. Yes,
because the lawyer profited by $5,000 from trading on her client's confidential
information. She can be ordered to disgorge her profit to her client.
1. A client hired a lawyer to do the legal work in connection with a complex public
securities offering. The lawyer agreed to do the work for a set hourly fee. The lawyer did
a great deal of legal research, prepared numerous memoranda of fact and law, and
drafted most of the documents needed for the public offering.Correct AnswersD. All of
the papers, even though the client fired the lawyer
1. For the past five years, an attorney has represented an art dealer in the sale of many
valuable paintings. One of the major transactions occurred three years ago, when the
art dealer sold a landscape purportedly painted by Vincent van GoghCorrect AnswersD.
Refuse to represent the art dealer in the present transaction
1. The state bar association has established a peer counseling program where lawyers
who are addicted to alcohol or other drugs can receive confidential counseling from
other lawyers. The bar association 's ethics rule on confidential information
providesCorrect AnswersC. Yes, even if the lawyer objects.
1. Solo practitioners Alpha and Beta share office space. Each of them has organized
her practice as a professional corporation. The sign on their office door reads:Correct
Answersanswer unknown
1. A judge presides over a state trial court. Every six years, trial judges in the state must
stand as candidates in a partisan public election to determine whether they will retain
their positions.Correct AnswersA. Establish a campaign committee that will solicit
reasonable contributions for the judge's campaign.
1. A district court judge heard through the "courthouse grapevine" that the district
attorney was investigating corrupt practices in the courts and that the investigation
focused on some as yet unascertained time in the past.Correct AnswersC. No, because
the judge's disclosures to the retired attorney dealt with past crimes.
1. The State Bar and the State University are joint sponsors of the Sate Continuing
Legal Education Foundation. The purpose of the foundation is to provide continuing
legal education to lawyers and judges in the state. Its board of directors is
A lawyer assigned his secretary to manage his client trust account. The lawyer gave the
secretary extensive, detailed instructions about the kinds of records to keep,Correct
AnswersA. Yes, because he did not adequately supervise the secretary
1. Two years ago, when a couple divorced in State A, the court awarded the wife
custody of the three children and ordered the husband to pay wife $3,000 per month in
child support and alimony payments.Correct AnswersA. No, as long as $5,100 is a
reasonable fee for the work he did.
1. An attorney represented a landlord in a dispute with her longtime tenant, who had
recently decided not to renew his lease. The landlord wanted to retain the security
deposit to pay for extensive damage to the carpetingCorrect AnswersD. No, because
the landlord and tenant spoke to each other directly.
1. A man who has been arrested and charged w/ aggravated battery hires an attorney
recommended to him by his brother. Neither the accused nor his brother knows that the
attorney plans to run for public office and is always interested in getting as much
publicityCorrect AnswersA. Yes, because the attorney did not convey the offer of a
lesser charge to her client.
1. The state in which a tax attorney practices levies an annual tax on trusts for the
benefit of minors. Tax returns must be filed, and the taxes must be paid, by March
15;Correct AnswersA. Yes, even though the March 15 deadline has not yet passed.
1. A full time judge lives in state A. Her father lives in a retirement home in State B. The
judge's father told her that several of his friends in the retirement home had employed
an attorney to write wills for themCorrect AnswersA. Yes, because she has received
information indicating a substantial likelihood that the attorney has violated legal ethics.
1. A judge serves on a state trial court that has nine other judges. Her husband is a life
insurance salesman for a large life insurance company.Correct AnswersA. Yes,
because acceptance of the prize cannot reasonably be perceived as undermining the
judge's integrity or impartiality
1. A law student is applying for admission to the State A Bar. When the law student was
in high school, he and his parents lived in State B. His next door neighbor was an
attorney admitted to practice in State BCorrect AnswersD. She should state what she
knows about the law student, including mention of his burglary conviction.
1. A patent attorney focuses her practice on patents that involve genetically engineered
medicines. Representatives of a bioengineering firm had a preliminary conversation with
the attorney about representing the bioengineering firm in a patent infringement action
against a pharmaceutical corporation.Correct AnswersD. No, because the prior
conversation between the attorney and the bioengineering firm's representatives did not
involve confidential information.
1. A law firm represented an oil company in a merger transaction in which the oil
company acquired all of the assets of a smaller petroleum company in exchange for a
specified amount of capital stock of the oil company. The law firm's work for the oil
company was limited to the antitrust and securities law issues raised by the merger, and
the firm lawyers who worked on the matterCorrect AnswersA. No, because the merger
matter and the discrimination case are unrelated matters and because the law firm did
, not gain confidential information from the oil company that would be material in the
discrimination case.
1. A potential client consulted an attorney, hoping to hire her to represent him as plaintiff
in a medical malpractice action against his doctor. Without mentioning the doctors
name, the client described the alleged acts of malpractice and said that they happened
more than two years ago.Correct AnswersA. No, because the attorney did what a
reasonably prudent lawyer would do in the circumstances---decline to represent the
potential client and suggest that he consult other counsel
1. A swimming coach was charged with assault of another coach. The swimming coach
hired a criminal attorney to defend him. Subsequently, the swimming coach pleaded not
guilty and was released on his own recognizance,Correct AnswersC. Yes, provided that
the swimming coach proves by a preponderance of evidence that he did not commit the
assault on the opposing coach.
1. A lawyer represents a client who is a writer and producer of Broadway stage plays.
This morning the client telephoned the lawyer with great news-a famous actor has
agreed to star in his new stage play. The client stated that with this famous actor in the
lead, the play is certain to be a long-runner blockbuster.Correct AnswersC. Yes,
because the lawyer profited by $5,000 from trading on her client's confidential
information. She can be ordered to disgorge her profit to her client.
1. A client hired a lawyer to do the legal work in connection with a complex public
securities offering. The lawyer agreed to do the work for a set hourly fee. The lawyer did
a great deal of legal research, prepared numerous memoranda of fact and law, and
drafted most of the documents needed for the public offering.Correct AnswersD. All of
the papers, even though the client fired the lawyer
1. For the past five years, an attorney has represented an art dealer in the sale of many
valuable paintings. One of the major transactions occurred three years ago, when the
art dealer sold a landscape purportedly painted by Vincent van GoghCorrect AnswersD.
Refuse to represent the art dealer in the present transaction
1. The state bar association has established a peer counseling program where lawyers
who are addicted to alcohol or other drugs can receive confidential counseling from
other lawyers. The bar association 's ethics rule on confidential information
providesCorrect AnswersC. Yes, even if the lawyer objects.
1. Solo practitioners Alpha and Beta share office space. Each of them has organized
her practice as a professional corporation. The sign on their office door reads:Correct
Answersanswer unknown
1. A judge presides over a state trial court. Every six years, trial judges in the state must
stand as candidates in a partisan public election to determine whether they will retain
their positions.Correct AnswersA. Establish a campaign committee that will solicit
reasonable contributions for the judge's campaign.
1. A district court judge heard through the "courthouse grapevine" that the district
attorney was investigating corrupt practices in the courts and that the investigation
focused on some as yet unascertained time in the past.Correct AnswersC. No, because
the judge's disclosures to the retired attorney dealt with past crimes.
1. The State Bar and the State University are joint sponsors of the Sate Continuing
Legal Education Foundation. The purpose of the foundation is to provide continuing
legal education to lawyers and judges in the state. Its board of directors is
