MPRE Practice Questions
An attorney and a prospective client met to discuss whether the attorney would represent the client
in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about
her litigation objectives and how much she would be able to pay the attorney. As they were wrapping
up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client
confided in the attorney that she had a son the same age, but she had given him up for adoption
because she was an unwed teenager when he was born. She told the attorney that no one except
her family knew about the adoption, and she asked the attorney to keep it confidential. Is the
information about the client's pregnancy protected by the attorney-client privilege?
A. No, because the woman had not retained the attorney when the conversation took place.
B. No, because the communication was not relayed for legal advice.
C - ✔✔Answer choice B is correct. A confidential communication between a client and her attorney is
privileged. The evidentiary attorney-client privilege covers the client's communication to an attorney
whom the client reasonably believes represents the client, and the circumstances indicate a desire by
the client for confidentiality. Although the attorney does not need to give advice or agree to the
representation for the privilege to exist, the communication must be for the purpose of seeking legal
advice or representation. Although the statement about the client's child was given in confidence
and would be protected by the attorney's ethical duty of confidentiality, it is not subject to the
attorney-client privilege because it was not relayed for the purpose of obtaining legal advice. Answer
choice A is incorrect because, although the woman was a potential client with regard to the contract
matter, the privilege would not apply to the statement regarding the adoption because the
statement was not made for the purpose of obtaining legal advice. Answer choice C is incorrect
because the communication was not made for the purpose of obtaining legal advice, so it is not
privileged even if the woman had a reasonable expectation of representation. Answer choice D is
incorrect because, although the communication would have been privileged if it had been relayed for
the purpose of obtaining legal advice, it was not relayed for that purpose.
A well-known defense attorney met with a criminal defendant regarding representation of the
defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was
indigent, that she would represent him if he agreed to grant her movie rights regarding the
representation. The client agreed to these terms, and the attorney provided him with a written
consent form setting forth the terms of the representation and advising him to seek independent
counsel. The attorney met with the defendant several days later, at which time he returned a signed
copy of the written consent form. He told her that he had not consulted with another attorney. The
attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case
to television studios shortly thereafter. Were the attorney's actions in securing the movie rights
based on the case proper?
,A. No, because the attorney neg - ✔✔Answer choice A is correct. An attorney is prohibited from
negotiating for literary or media rights relating to representation of a client prior to the conclusion of
the representation. Because the attorney negotiated for movie rights before the representation
concluded in this case, her actions were improper. Answer choice B is incorrect because the
prohibition on making or negotiating an agreement prior to the conclusion of the representation is a
blanket prohibition that cannot be waived by the client regardless of whether the client sought or
obtained independent legal counsel. Answer choice C is incorrect because an attorney may not
negotiate for media rights before the conclusion of representation, even if the client consents.
Answer choice D is incorrect because an attorney may not negotiate for literary or media rights
before the conclusion of representation, even if such rights serve as the attorney's compensation.
An attorney represented an incarcerated, indigent criminal defendant on a pro bono basis. At their
initial meeting, the defendant was extremely fidgety. The defendant explained that she was a smoker
but had not had a cigarette since being imprisoned because she had no money to buy cigarettes in
the facility. The attorney gave the defendant $50 to buy cigarettes without securing from the
defendant a promise to repay the money. Nevertheless, the defendant subsequently did repay the
attorney. Was the attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the client's living
expenses.
No, because an attorney must take steps to ensure that a client will repay any monetary advances
made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
Yes, because the defendant repaid the money to t - ✔✔Answer choice A is correct. Financial
assistance to a client is prohibited with respect to pending or planned litigation, except that an
attorney may advance litigation expenses and court costs. The $50 in this case did not relate to such
expenses and costs, and therefore it is prohibited. Answer choice B is incorrect because an attorney
may not generally provide money to a client regardless of whether there is a prior agreement by the
client to repay it. Answer choice C is incorrect because although an attorney representing an indigent
client may advance court costs and litigation expenses regardless of whether the funds will be repaid,
an attorney may not provide other forms of financial assistance. The money in this case did not relate
to court costs or litigation expenses, and thus it would be prohibited. Answer choice D is incorrect
because, even though the client repaid the attorney, an attorney is prohibited from providing a client
with funds for living expenses.
An author engaged an attorney to represent him in a copyright infringement action. The
representation agreement contained a provision that required the parties to submit all disputes,
including malpractice disputes, to arbitration. The attorney did not discuss this provision with the
,author, nor did he advise him to seek independent counsel with regard to it. The infringement action
was successful, and no dispute arose between the author and the attorney. Consequently, the
provision was not enforced. The applicable jurisdiction recognizes the validity of arbitration in this
context. Is the attorney subject to discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration
section of the representation agreement.
Yes, because the attorney - ✔✔Answer choice C is correct. An attorney may enter into an arbitration
agreement with a client with regard to a malpractice dispute if such an agreement is permitted by
the applicable jurisdiction. However, the client must be fully informed as to the scope and effect of
the agreement. Because the attorney failed to provide the client with such information, the attorney
is subject to discipline for this failure. Answer choice A is incorrect because, although an arbitration
provision is only enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his
ethical obligations, an attorney must ensure that the client is fully informed as to the scope and
effect of the agreement. Answer choice B is incorrect because the lack of enforcement of the
provision can affect whether the attorney is sanctioned for the violation, but it does not erase the
attorney's failure to adhere to his ethical obligations. Answer choice D is incorrect because, while the
client must be fully informed as to the scope and effect of the arbitration agreement, the attorney is
not required to advise the client to seek independent counsel.
Two friends were involved in a car accident and hired an attorney to represent them as co-parties in
a claim for damages related to the accident. Each client provided the attorney with the minimum
amount he would be willing to accept to settle the case. The clients suggested vastly different
amounts. The attorney received a large settlement offer that met the individual requirements of
each party, though each party would receive significantly different amounts in the settlement. He
called both clients into his office separately to discuss settlement. Both clients immediately
consented in writing to the agreement, though neither was aware of the amount received by the
other. The attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients disclosed to
the other the amount he had received in the settlemen - ✔✔Answer choice D is correct. An attorney
representing co-parties may make an aggregate settlement only if both clients consent in writing
after full consultation and disclosure by the attorney, including disclosure of the nature and extent of
all claims and pleas, and the participation of each party in the settlement. Here, the attorney did not
disclose the nature and extent of the offer and the participation of each party in the settlement
before accepting the settlement offer. Answer choice A is incorrect because the attorney did not
make a full disclosure about the settlement to each party before he accepted the offers; it is
irrelevant whether the amount was aligned with the original amount specified by each party. Answer
, choice B is incorrect because the attorney did not make a full disclosure regarding the settlement to
the clients before they accepted the settlement in writing. Answer choice C is incorrect because an
attorney may represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of prostitution.
Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged
brothel sought to hire the attorney to represent him. The woman told the attorney that she did not
object to his representation of any of the men charged with solicitation, but she refused to sign a
written statement to that effect because she no longer wanted to be linked to the charges in any
written document. Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the attorney
represented the woman.
Yes, because the attorney received the woman's informed oral consent.
Yes, although the attorney did not receive the woman's informed consent in writing. - ✔✔Answer
choice D is correct. An attorney who has previously represented a client in a matter must not
subsequently represent another person in the same or a substantially related matter in which that
person's interests are materially adverse to the interests of the former client, unless the former client
gives informed consent, confirmed in writing. Here, while the matters were substantially related, the
interests of the politician and the woman were not adverse because both wanted to disprove that
any illegal acts related to prostitution occurred. Answer choice A is incorrect because even though
the attorney represented a former client in a substantially related matter, the interests of the woman
and the politician are not adverse. Answer choice B is incorrect because the former and current
clients do not have adverse interests. Answer choice C is incorrect because the woman's informed
consent, oral or written, is not required because the clients do not have adverse interests.
As required by a purchase agreement, a consumer and a retailer submitted a dispute to an
arbitration panel. The consumer and retailer each named an attorney to be a partisan member of the
panel and together those two panel members chose the third member of the panel. After listening to
both sides, the panel ruled 2-1 in favor of the retailer, with the panel member named by the
consumer voting in favor of the consumer. Without seeking the consent of the retailer, the consumer
employed the attorney he had appointed to the panel to challenge the arbitration of the dispute. Is it
proper for the attorney to accept this employment?
Yes, because the attorney served as a partisan member of the three-member arbitration panel.
An attorney and a prospective client met to discuss whether the attorney would represent the client
in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about
her litigation objectives and how much she would be able to pay the attorney. As they were wrapping
up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client
confided in the attorney that she had a son the same age, but she had given him up for adoption
because she was an unwed teenager when he was born. She told the attorney that no one except
her family knew about the adoption, and she asked the attorney to keep it confidential. Is the
information about the client's pregnancy protected by the attorney-client privilege?
A. No, because the woman had not retained the attorney when the conversation took place.
B. No, because the communication was not relayed for legal advice.
C - ✔✔Answer choice B is correct. A confidential communication between a client and her attorney is
privileged. The evidentiary attorney-client privilege covers the client's communication to an attorney
whom the client reasonably believes represents the client, and the circumstances indicate a desire by
the client for confidentiality. Although the attorney does not need to give advice or agree to the
representation for the privilege to exist, the communication must be for the purpose of seeking legal
advice or representation. Although the statement about the client's child was given in confidence
and would be protected by the attorney's ethical duty of confidentiality, it is not subject to the
attorney-client privilege because it was not relayed for the purpose of obtaining legal advice. Answer
choice A is incorrect because, although the woman was a potential client with regard to the contract
matter, the privilege would not apply to the statement regarding the adoption because the
statement was not made for the purpose of obtaining legal advice. Answer choice C is incorrect
because the communication was not made for the purpose of obtaining legal advice, so it is not
privileged even if the woman had a reasonable expectation of representation. Answer choice D is
incorrect because, although the communication would have been privileged if it had been relayed for
the purpose of obtaining legal advice, it was not relayed for that purpose.
A well-known defense attorney met with a criminal defendant regarding representation of the
defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was
indigent, that she would represent him if he agreed to grant her movie rights regarding the
representation. The client agreed to these terms, and the attorney provided him with a written
consent form setting forth the terms of the representation and advising him to seek independent
counsel. The attorney met with the defendant several days later, at which time he returned a signed
copy of the written consent form. He told her that he had not consulted with another attorney. The
attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case
to television studios shortly thereafter. Were the attorney's actions in securing the movie rights
based on the case proper?
,A. No, because the attorney neg - ✔✔Answer choice A is correct. An attorney is prohibited from
negotiating for literary or media rights relating to representation of a client prior to the conclusion of
the representation. Because the attorney negotiated for movie rights before the representation
concluded in this case, her actions were improper. Answer choice B is incorrect because the
prohibition on making or negotiating an agreement prior to the conclusion of the representation is a
blanket prohibition that cannot be waived by the client regardless of whether the client sought or
obtained independent legal counsel. Answer choice C is incorrect because an attorney may not
negotiate for media rights before the conclusion of representation, even if the client consents.
Answer choice D is incorrect because an attorney may not negotiate for literary or media rights
before the conclusion of representation, even if such rights serve as the attorney's compensation.
An attorney represented an incarcerated, indigent criminal defendant on a pro bono basis. At their
initial meeting, the defendant was extremely fidgety. The defendant explained that she was a smoker
but had not had a cigarette since being imprisoned because she had no money to buy cigarettes in
the facility. The attorney gave the defendant $50 to buy cigarettes without securing from the
defendant a promise to repay the money. Nevertheless, the defendant subsequently did repay the
attorney. Was the attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the client's living
expenses.
No, because an attorney must take steps to ensure that a client will repay any monetary advances
made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
Yes, because the defendant repaid the money to t - ✔✔Answer choice A is correct. Financial
assistance to a client is prohibited with respect to pending or planned litigation, except that an
attorney may advance litigation expenses and court costs. The $50 in this case did not relate to such
expenses and costs, and therefore it is prohibited. Answer choice B is incorrect because an attorney
may not generally provide money to a client regardless of whether there is a prior agreement by the
client to repay it. Answer choice C is incorrect because although an attorney representing an indigent
client may advance court costs and litigation expenses regardless of whether the funds will be repaid,
an attorney may not provide other forms of financial assistance. The money in this case did not relate
to court costs or litigation expenses, and thus it would be prohibited. Answer choice D is incorrect
because, even though the client repaid the attorney, an attorney is prohibited from providing a client
with funds for living expenses.
An author engaged an attorney to represent him in a copyright infringement action. The
representation agreement contained a provision that required the parties to submit all disputes,
including malpractice disputes, to arbitration. The attorney did not discuss this provision with the
,author, nor did he advise him to seek independent counsel with regard to it. The infringement action
was successful, and no dispute arose between the author and the attorney. Consequently, the
provision was not enforced. The applicable jurisdiction recognizes the validity of arbitration in this
context. Is the attorney subject to discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration
section of the representation agreement.
Yes, because the attorney - ✔✔Answer choice C is correct. An attorney may enter into an arbitration
agreement with a client with regard to a malpractice dispute if such an agreement is permitted by
the applicable jurisdiction. However, the client must be fully informed as to the scope and effect of
the agreement. Because the attorney failed to provide the client with such information, the attorney
is subject to discipline for this failure. Answer choice A is incorrect because, although an arbitration
provision is only enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his
ethical obligations, an attorney must ensure that the client is fully informed as to the scope and
effect of the agreement. Answer choice B is incorrect because the lack of enforcement of the
provision can affect whether the attorney is sanctioned for the violation, but it does not erase the
attorney's failure to adhere to his ethical obligations. Answer choice D is incorrect because, while the
client must be fully informed as to the scope and effect of the arbitration agreement, the attorney is
not required to advise the client to seek independent counsel.
Two friends were involved in a car accident and hired an attorney to represent them as co-parties in
a claim for damages related to the accident. Each client provided the attorney with the minimum
amount he would be willing to accept to settle the case. The clients suggested vastly different
amounts. The attorney received a large settlement offer that met the individual requirements of
each party, though each party would receive significantly different amounts in the settlement. He
called both clients into his office separately to discuss settlement. Both clients immediately
consented in writing to the agreement, though neither was aware of the amount received by the
other. The attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients disclosed to
the other the amount he had received in the settlemen - ✔✔Answer choice D is correct. An attorney
representing co-parties may make an aggregate settlement only if both clients consent in writing
after full consultation and disclosure by the attorney, including disclosure of the nature and extent of
all claims and pleas, and the participation of each party in the settlement. Here, the attorney did not
disclose the nature and extent of the offer and the participation of each party in the settlement
before accepting the settlement offer. Answer choice A is incorrect because the attorney did not
make a full disclosure about the settlement to each party before he accepted the offers; it is
irrelevant whether the amount was aligned with the original amount specified by each party. Answer
, choice B is incorrect because the attorney did not make a full disclosure regarding the settlement to
the clients before they accepted the settlement in writing. Answer choice C is incorrect because an
attorney may represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of prostitution.
Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged
brothel sought to hire the attorney to represent him. The woman told the attorney that she did not
object to his representation of any of the men charged with solicitation, but she refused to sign a
written statement to that effect because she no longer wanted to be linked to the charges in any
written document. Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the attorney
represented the woman.
Yes, because the attorney received the woman's informed oral consent.
Yes, although the attorney did not receive the woman's informed consent in writing. - ✔✔Answer
choice D is correct. An attorney who has previously represented a client in a matter must not
subsequently represent another person in the same or a substantially related matter in which that
person's interests are materially adverse to the interests of the former client, unless the former client
gives informed consent, confirmed in writing. Here, while the matters were substantially related, the
interests of the politician and the woman were not adverse because both wanted to disprove that
any illegal acts related to prostitution occurred. Answer choice A is incorrect because even though
the attorney represented a former client in a substantially related matter, the interests of the woman
and the politician are not adverse. Answer choice B is incorrect because the former and current
clients do not have adverse interests. Answer choice C is incorrect because the woman's informed
consent, oral or written, is not required because the clients do not have adverse interests.
As required by a purchase agreement, a consumer and a retailer submitted a dispute to an
arbitration panel. The consumer and retailer each named an attorney to be a partisan member of the
panel and together those two panel members chose the third member of the panel. After listening to
both sides, the panel ruled 2-1 in favor of the retailer, with the panel member named by the
consumer voting in favor of the consumer. Without seeking the consent of the retailer, the consumer
employed the attorney he had appointed to the panel to challenge the arbitration of the dispute. Is it
proper for the attorney to accept this employment?
Yes, because the attorney served as a partisan member of the three-member arbitration panel.
