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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 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 w...

MPRE Rules (Correct Answers) Rule 1.1 Competence Correct AnswersSHALL be competent = legal knowledge, skill, thoroughness and preparation reasonably necessary Rule 1.2 Scope of Representation and Allocation of Authority Correct AnswersSHALL abide by client's decisions concerning objectives of representation SHALL consult with the client as to the means pursued. MAY take implied action to carry out representation SHALL abide by a client's decision whether to settle SHALL abide by the ...

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 Practice Exercise (Correct Answers) Decisions to be made by the client Correct Answers1. Whether to accept a settlement offer 2. What to plea in a criminal case 3. Whether to waive a jury trial in a criminal case 4. Whether to testify in a criminal case 5. Whether to appeal Terminating Lawyer Client Relationship Correct Answers1. Client fires the lawyer (quantum merit but it contingent fee the claim does not arise until until contingency comes to pass); may be subject to court appro...

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...

MPRE Flashcards (Correct Answers) Rules for Applicants Correct Answers a. All applicants for admission to a state bar MUST be morally fit to practice law. b. Past conduct places an applicant's moral fitness in question if that past conduct has a rational connection with applicant's fitness to practice law. When applying for admission to a state bar, an applicant MUST NOT KNOWINGLY: Correct Answers(1) make a false statement of material fact OR (2) fail to disclose a fact that is necess...

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 represe...

500 MPRE Questions (Correct Answers) 1. Conglomerate Corporation owns a little more than half the stock of Giant Company. Conglomerate's stock, in turn, is public, available on the public stock exchange, as is the remainder of the stock in Giant Company. The president of Conglomerate Corporation has asked Attorney Stevenson to represent Giant Company in a deal by which Giant would make a proposed transfer of certain real property to Conglomerate Corporation. The property in question is unusu...

MPRE Assignments (Correct Answers) What are the two primary forms of discipline of an attorney? Correct Answers1. censure: express severe disapproval of (someone or something), typically in a formal statement 2. disbarment: loss of license to practice law What are the three forms of non-disciplinary sanctions? Correct Answers1. disqualification: thrown out of representation of a particular client 2. civil liability: usually malpractice 3. criminal liability: fraud What are the ways in wh...