MPRE LATEST 2026 TEST PAPER QUESTIONS AND
SOLUTIONS RATED A+
✔✔Client - lawyer contracts - ✔✔Lawyer can limit representation
Basic rules of Contract construction apply
✔✔Factors in setting a reasonable fee - ✔✔1) Time and Labor
2) Difficulty and Novelty of Questions
3) Experience, Reputation and abilities
4) Relationships: Nature and length
5) Exclusions (whether lawyer must turn away other cases if client knows of this)
6) Fixed or contingent (contingent can be higher)
7) Fee Customarily Charged
✔✔Contingent Fees - ✔✔Must be reasonable, Signed by client,
Must not use in criminal cases
-No percentage of publication rights based upon representation until the case is over,
appeals and all
Must not use in domestic relations cases (Past due support payments ARE DEBT AND
THEREFORE OKAY).
Contingent fee must be explained - in writing and must notify the client of any expenses
for which they are liable, whether or not the client wins the case
-Before you take the case
-After the case is concluded (settlement Letter)
✔✔Buying/Selling Law Practice - ✔✔Can only sell the ENTIRE field of practice
Seller must exercise competence in identifying a competent purchaser.
Written Notice must be given to seller's clients regarding:
1) The sale
2) Clients' right to get their files returned
3) Clients' right to get new counsel
4) consent will be presumed if the client take no action within 90 days of the receipt of
the notice. If notice cannot be given for some reason, then a court order is required to
authorize the transfer of the representation.
Sell must cease to engage in private practice of law (or at least in the sold field).
✔✔What does the attorney client privilege protect? - ✔✔Privilege protects confidential
communication; confidentially cover the same AND any other information obtained by
the attorney relating to representation, regardless of the source, including the which
may be embarrassing or derogatory to the client.
,Privilege is held by the client, not the attorney.
Lawyer have an affirmative duty to protect information; i.e., lawyer MUST make
reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or
unauthorized access to, information relating to a client's representation.
✔✔Attorney-client privilege, what does the presence of a third person entail? - ✔✔The
presence of a third party does not destroy confidentiality if the third person was present
to help further the attorney-client relationship.
✔✔Work Product doctrine - ✔✔Material prepared by a lawyer for or in anticipation of
litigation is immune from discovery unless the other side shows a substantial need for
the material an inability to gather the material without undue hardship.
A lawyer's mental impressions and opinions are always immune from discovery
regardless of need, unless immunity is waived.
✔✔Disclosures Expressly or Impliedly Authorized by Client - ✔✔Express authorization
requires informed consent: client agrees to proposed course of conduct after lawyer
sufficiently explains material risks and reasonable alternatives.
✔✔Exceptions to privilege and confidentiality - ✔✔Privilege:
1) Waived by client
2) Clients seeks attorney's service to engage in or assist in future crime/fraud
3) Communication is relevant to issue of breach of attorney-client relationship.
Confidentiality:
1) Waived by Client
2) Required by law or court order
3) Informed Consent
4) Implied authority to disclose to further the representation
5) Lawyer has the duty to rectify false testimony until the end of the proceedings,
appeals and all
6) To obtain legal or ethical advice for lawyer. Use of hypotheticals with collegue is ok if
discreet o protect identify of client
7) To prevent reasonably certain death or substantial bodily harm (assumes in the
future): permitted to reveal information to the extent necessary to prevent the harm
which does not need to be the product of a crime.
8) To prevent substantial financial harm or fraud if the client is or has used the laywer's
services in the matter. Also true if the client has already acted and disclosure can
prevent or mitigate the consequent financial harm.
9 Information may be revealed to the extent believed necessary to detect and resolve
conflicts of interests arising from a change of employment or changes in a law firm's
composition or ownership
✔✔Past Crimes - ✔✔1)Are considered SECRETS, NOT DISCLOSABLE
, 2) Death of client does not end obligations
✔✔Conflicts of interest - ✔✔In general, lawyer cannot represent adverse interests of
client or prospective client. In some instances, conflict can be cured if Both of the
following occur:
1) Lawyer fully explains risks and alternatives (informed consent)
2) Client agrees in writing (can be electronic)
✔✔Current Client Conflicts - ✔✔No loans to clients in connection with pending or
contemplated litigation; no deminimus exception.
-Exception: advancing the costs of litigation.
✔✔Current Client Conflict - Rule of Imputation - ✔✔What one lawyer can't take, the
FIRM can't take (except the lawyer as witness and whre conflict is uniquely personal to
the lawyer.)
✔✔Sexual Relationships with client - ✔✔Sexual relationships with clients that are not
preexisting to the representation are subject to discipline; consent or harm irrelevant; no
rule of imputation; but screening required
✔✔Acquiring an interest in the litigation - ✔✔Generally: Lawyers can't acquire an
interest in the case.
Exceptions:
1) Contingency Fees
2) Security Interests
✔✔Conflicting Interests - Current Clients and Former Clients - ✔✔Generally: Lawyer
cannot have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in
former representation
✔✔Current Client Conflicts - Multiple Clients and Joint Representation - ✔✔1)Must have
reasonable belief of no adverse effect
2) Client gives written informed consent
✔✔Aggregation of settlement claims of multiple clients - ✔✔When representing two or
more clients, lawyer shall not make an aggregate settlement of claims with informed
consent in writing from each client after full review of entire settlement as to all parties,
which includes:
SOLUTIONS RATED A+
✔✔Client - lawyer contracts - ✔✔Lawyer can limit representation
Basic rules of Contract construction apply
✔✔Factors in setting a reasonable fee - ✔✔1) Time and Labor
2) Difficulty and Novelty of Questions
3) Experience, Reputation and abilities
4) Relationships: Nature and length
5) Exclusions (whether lawyer must turn away other cases if client knows of this)
6) Fixed or contingent (contingent can be higher)
7) Fee Customarily Charged
✔✔Contingent Fees - ✔✔Must be reasonable, Signed by client,
Must not use in criminal cases
-No percentage of publication rights based upon representation until the case is over,
appeals and all
Must not use in domestic relations cases (Past due support payments ARE DEBT AND
THEREFORE OKAY).
Contingent fee must be explained - in writing and must notify the client of any expenses
for which they are liable, whether or not the client wins the case
-Before you take the case
-After the case is concluded (settlement Letter)
✔✔Buying/Selling Law Practice - ✔✔Can only sell the ENTIRE field of practice
Seller must exercise competence in identifying a competent purchaser.
Written Notice must be given to seller's clients regarding:
1) The sale
2) Clients' right to get their files returned
3) Clients' right to get new counsel
4) consent will be presumed if the client take no action within 90 days of the receipt of
the notice. If notice cannot be given for some reason, then a court order is required to
authorize the transfer of the representation.
Sell must cease to engage in private practice of law (or at least in the sold field).
✔✔What does the attorney client privilege protect? - ✔✔Privilege protects confidential
communication; confidentially cover the same AND any other information obtained by
the attorney relating to representation, regardless of the source, including the which
may be embarrassing or derogatory to the client.
,Privilege is held by the client, not the attorney.
Lawyer have an affirmative duty to protect information; i.e., lawyer MUST make
reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or
unauthorized access to, information relating to a client's representation.
✔✔Attorney-client privilege, what does the presence of a third person entail? - ✔✔The
presence of a third party does not destroy confidentiality if the third person was present
to help further the attorney-client relationship.
✔✔Work Product doctrine - ✔✔Material prepared by a lawyer for or in anticipation of
litigation is immune from discovery unless the other side shows a substantial need for
the material an inability to gather the material without undue hardship.
A lawyer's mental impressions and opinions are always immune from discovery
regardless of need, unless immunity is waived.
✔✔Disclosures Expressly or Impliedly Authorized by Client - ✔✔Express authorization
requires informed consent: client agrees to proposed course of conduct after lawyer
sufficiently explains material risks and reasonable alternatives.
✔✔Exceptions to privilege and confidentiality - ✔✔Privilege:
1) Waived by client
2) Clients seeks attorney's service to engage in or assist in future crime/fraud
3) Communication is relevant to issue of breach of attorney-client relationship.
Confidentiality:
1) Waived by Client
2) Required by law or court order
3) Informed Consent
4) Implied authority to disclose to further the representation
5) Lawyer has the duty to rectify false testimony until the end of the proceedings,
appeals and all
6) To obtain legal or ethical advice for lawyer. Use of hypotheticals with collegue is ok if
discreet o protect identify of client
7) To prevent reasonably certain death or substantial bodily harm (assumes in the
future): permitted to reveal information to the extent necessary to prevent the harm
which does not need to be the product of a crime.
8) To prevent substantial financial harm or fraud if the client is or has used the laywer's
services in the matter. Also true if the client has already acted and disclosure can
prevent or mitigate the consequent financial harm.
9 Information may be revealed to the extent believed necessary to detect and resolve
conflicts of interests arising from a change of employment or changes in a law firm's
composition or ownership
✔✔Past Crimes - ✔✔1)Are considered SECRETS, NOT DISCLOSABLE
, 2) Death of client does not end obligations
✔✔Conflicts of interest - ✔✔In general, lawyer cannot represent adverse interests of
client or prospective client. In some instances, conflict can be cured if Both of the
following occur:
1) Lawyer fully explains risks and alternatives (informed consent)
2) Client agrees in writing (can be electronic)
✔✔Current Client Conflicts - ✔✔No loans to clients in connection with pending or
contemplated litigation; no deminimus exception.
-Exception: advancing the costs of litigation.
✔✔Current Client Conflict - Rule of Imputation - ✔✔What one lawyer can't take, the
FIRM can't take (except the lawyer as witness and whre conflict is uniquely personal to
the lawyer.)
✔✔Sexual Relationships with client - ✔✔Sexual relationships with clients that are not
preexisting to the representation are subject to discipline; consent or harm irrelevant; no
rule of imputation; but screening required
✔✔Acquiring an interest in the litigation - ✔✔Generally: Lawyers can't acquire an
interest in the case.
Exceptions:
1) Contingency Fees
2) Security Interests
✔✔Conflicting Interests - Current Clients and Former Clients - ✔✔Generally: Lawyer
cannot have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in
former representation
✔✔Current Client Conflicts - Multiple Clients and Joint Representation - ✔✔1)Must have
reasonable belief of no adverse effect
2) Client gives written informed consent
✔✔Aggregation of settlement claims of multiple clients - ✔✔When representing two or
more clients, lawyer shall not make an aggregate settlement of claims with informed
consent in writing from each client after full review of entire settlement as to all parties,
which includes:
