MPRE

May an attorney reveal confidential info to prevent fraud or do they have to? - ANSWER>>A lawyer may, but is not required to, reveal confidential information if he believes it necessary to prevent a fraud that is reasonably certain to result in substantial financial harm to another. Since the facts do not suggest that the attorney acted with the intent to assist the husband in his fraud, disclosure is also not necessary to avoid assisting a criminal or fraudulent act. Can a lawye...

MODULE I: REGULATION OF THE LEGAL PROFESSION - Admission Requirements to the Bar: -Must be rationally related to the practice of law, e.g.: 1. Graduation from accredited law school 2. Oath to uphold the constitution 3. Good moral character Requirements That Are NOT Rationally Related 1. Citizenship 2. Residency When making and application to the bar, a candidate: -1. Cannot knowingly make false statements of material fact 2. Must respond to all requests for information 3. Must correct...

Applicant Boaz was an outstanding candidate for the bar who came from an excellent family. He had outstanding academic credentials in both undergraduate school and in law school, as well as an absolutely impeccable previous work experience. However, Boaz did have a little problem with speeding. In fact, his past driving record indicates that since obtaining a driver's license (10 years ago), Boaz has received 20 different speeding tickets (on average, about two per year) including two with...

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 adopt...

When a judge learns of the substiantal likelihood that an attorney has violated the rules (i.e. received a gift) - they MUST report it, regardless of the jdx if a juror/potential juror declines to speak to the attorney post-trial - then the attorney MUST not speak to them further a judge MAY accept benefits associated with their spouse - if they are incidental attorney has a duty to respond truthfully when - inquired by the NCBE a lawyer MUST NOT draft legal documents that will likely resu...

Power to regulate the legal profession - State's Highest Court -Adopts ethical rules -Enforces through disciplinary commission or bar association Congress and State Legislatures -Have enacted laws that govern certain aspects of law practice (e.g., attorney-client privilege). Admission to the legal profession: ADMISSION REQUIREMENTS (8.1) - Must be *rationally related* to the practice of law, e.g.: 1. Graduation from accredited law school 2. Oath to uphold the constitution 3. Good moral...

ADMISSION REQUIREMENTS (8.1) - Must be *rationally related* to the practice of law, e.g.: 1. Graduation from accredited law school 2. Oath to uphold the constitution 3. Good moral character To result in rejection, the misconduct must involve *moral turpitude*: i. Crimes involving intentional dishonesty ii. Crimes of violence iii. Lying is always moral turpitude even if not crime Requirements That Are *NOT* Rational 1. Citizenship 2. Residency When making character and fitness applicat...

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. ...

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 AnswersViol...

MPRE (Correct Answers) L represented A in the case of A v. B. B prevailed at the trial court. Under the applicable rules, A has 30 days to file a notice appeal. B/c of a vacation and a busy schedule, L failed to comply with the 30-day deadline and A is now barred from pursuing an appeal. If the appeal had been filed, A would have prevailed. Is L subject to discipline or civil liability? Correct AnswersYes, L is subject to discipline and civil liability (i.e. malpractice). "Competent repres...