MPRE EVALUATION EXAM 2026 QUESTIONS AND
SOLUTIONS RATED A+
✔✔31. An attorney made an agreement to borrow money from a client who had
received a large inheritance. The attorney agreed to pay the client the same interest
rate that banks in that area were charging for unsecured business loans, and she gave
the client a detailed written disclosure of the terms and conditions of the loan, with
phrasing that a nonlawyer could understand. The client gave written, signed consent to
the essential terms of the loan, including the fact that the attorney was not representing
the client in the transaction. During one of their conversations about the loan, the
attorney also advised the client in writing that it would be prudent to obtain the advice of
another lawyer about the transaction, and she offered to give the client time to find
another lawyer, but the client did not want to do this. Upon consummation of the
agreement, the client transferred the loan amount to the attorney, who made - ✔✔b)
Yes, because the attorney complied with the requirements of the Model Rules for this
type of transaction with a client.
Rule 1.8(a)
✔✔32. An attorney, a venture capitalist, and a land developer agreed to form a
corporation to develop a new shopping mall. Their agreement allocates ownership
shares based on the appraised value of the venture capitalist's land, which he is
contributing for this enterprise, the market value of the developer's design and
construction work, and the attorney's regular fees for the hours contributed to the
formation and ongoing representation as corporate counsel. The attorney was already
representing both the venture capitalist and the developer as his clients in unrelated
matters. Which of the following is NOT a duty of the attorney in this situation, if the
attorney performs the others?
a) The attorney must fully disclose in writing all the terms of the development
corporation ownership agreement to the developer and the venture capitalist in
language they understand, and the terms of the agreement are objectively fai - ✔✔c)
The attorney must withdraw from representing the venture capitalist and the developer
on the other matters, at least until the process of forming the corporation is complete, to
avoid conflicts of interest.
Rule 1.8(a); RESTATEMENT § 126
✔✔33. An attorney represented a client who was a stockbroker in a boundary dispute
with the client's neighbor. Before the conclusion of the representation, the attorney also
made some personal investments using the same client's brokerage services, receiving
the same terms, services, and fee waivers that other customers of the brokerage firm
received. The attorney did not advise the client to seek the opinion of independent legal
counsel for this transaction, and did not obtain signed, written consent from the client
about the attorney's role in the transaction. The terms of the brokerage services
,agreement were in writing, as usual. Based on these facts, were the attorney's actions
proper in this transaction?
a) Yes, because the essential terms of the agreement were in writing, and it does not
appear that the attorney charged the client any additional legal fees for this transaction.
b) Yes, this is a standard comm - ✔✔b) Yes, this is a standard commercial transaction
between the attorney and the client for a service that the client normally would market to
others.
Rule 1.8(a) Cmt. 1
✔✔34. A transactional attorney agreed to represent a new client who already had
representation by trial counsel on another matter. The client agreed to a complex fee
arrangement, which included a fixed flat fee for the first phase of the transaction, a
modest hourly rate for the remainder of the transaction, and a modest contingent fee in
addition to these other fees, scaled to the outcome of the transaction - that is, a higher
contingent fee for obtaining more favorable final terms in the transaction. The attorney
did not advise the client to seek the opinion of independent legal counsel for this
transaction, and did not obtain signed, written consent from the client about the
attorney's role in the transaction. The client's other lawyer reviewed the terms of the fee
agreement and advised the client to accept it. Based on these facts, could the attorney
be subject to discipline for violating the provisions Model Rule - ✔✔d) No, because Rule
1.8 does not apply to ordinary fee arrangements between client and lawyer.
Rule 1.8(a) Cmt. 1
✔✔35. A certain client needed to sell a parcel of real estate to pay off a large amount of
credit card debt. He brought this situation to the attention of his attorney, who was
representing him in his interactions with collection agencies and credit bureaus. The
attorney offered to purchase the property immediately for the full amount of the client's
outstanding credit card debt - just over a hundred thousand dollars - without delaying
the matter by arranging a mortgage first, or having the property appraised. The client
was disappointed, because he thought the property was worth more than that, but he
agreed due to his dire financial circumstances. The attorney fully disclosed the terms of
the purchase to the client, in understandable written form, and advised the client in
writing that it would be prudent to consult with another lawyer about the transaction,
which the client could not realistically afford to do. The - ✔✔d) No, because the
transaction was objectively unfair.
Committee on Prof. Ethics v. Baker, 269 N.W.2d 463 (Iowa 1978) Rule 1.8(a);
RESTATEMENT § 126
✔✔36. An attorney represented a client in a litigation matter, and while the matter was
still pending, the attorney and the client also agreed to purchase an investment property
,together. The client had another lawyer who regularly represented the client in
transactional matters, but not litigation. The litigation attorney and the client contributed
equal amounts toward the purchase of the investment property, and each received an
equal share. The attorney did not advise the client in writing of the desirability of
obtaining the opinion of independent legal counsel in the transaction, but the client
nevertheless asked his other lawyer, who handled the client's transactional matters, to
review the terms and render an opinion. The other lawyer provided the client with a
written disclosure of the terms and conditions of the agreement and recommended that
the client proceed. Did the litigation attorney act properly in this - ✔✔a) Yes, because
the client had representation by another lawyer in the transaction.
Rule 1.8(a) Cmt. 4
✔✔37. An attorney has a successful blog about legal practice, and the blog generates
substantial side income for the attorney. The attorney posts entertaining stories about
his clients that attract the attention of his readers and make the blog successful and
lucrative. He does not obtain client consent for these posts, but he is careful 1) not to
post anything that would seriously injure the client's reputation or legal interests, and 2)
not to post information about individuals that is truly confidential, that is not part of the
public record. On the other hand, he does post about his personal observations and
opinions of clients and their lifestyles, and often shares generalizations based on
confidential information of former clients, such as: "On three occasions I've had clients
who lived a double life, maintaining separate families in separate cities, and their
families never knew." Another post recounted, "Last y - ✔✔d) The attorney has a
common-law fiduciary duty not to profit from using client information even if the use
complies with the lawyer's ethical obligations, without accounting to the client for any
profits made.
ABA Formal Ethics Op. 18-480 (2018), fn. 16, citing RESTATEMENT § 60(2); Accord
D.C. Bar Op. 370 (2016).
✔✔38. A certain attorney represents a client in a civil suit. The client and the attorney
often discuss their hunting trips and have gone hunting together on several occasions.
The client tells the attorney he is purchasing a piece of property for hunting with five
other people and asks the attorney if he would like to go in on the purchase. The
attorney tells the client he would like to join in the purchase and he provides the client
with a check for his portion of the purchase price. Is the attorney subject to discipline?
a) Yes, attorneys shall not enter into transactions with clients that result in joint
ownership of property.
b) Yes, attorneys shall not engage in social activities with current clients or enter into
transactions that result in joint ownership of property.
, c) No, attorneys may enter into transactions with clients assuming the transactions are
not related to the current representation of the clie - ✔✔d) No, attorneys can enter into
fair and reasonable business transactions with clients, assuming the client receives an
advisory in writing of the benefit of seeking advice from independent counsel and gives
informed consent, in writing and signed by the client, of the transaction details.
Rule 1.8(a)
✔✔39. Asylum Now is a nonprofit organization that advocates for refugees and
immigrants from poor countries. The Board of Directors for Asylum Now wants to bring
a test case in federal court to challenge the constitutionality of detaining refugees who
enter the country under duress without a visa. Asylum Now has offered to pay an
attorney to seek the release of a certain refugee currently in federal detention, and to
use this case to challenge current federal laws and regulations that mandate such
detentions. The refugee consents to the representation, as well as the payment of legal
fees by Asylum Now, and agrees to have his case be the test case that might benefit
others. During the representation, the attorney meets several times with the directors of
Asylum Now to discuss how to frame their argument in the case in a way that would
shape public policy in the right direction. Is it permissible for the attorney to und - ✔✔a)
Yes, the attorney may accept payment by Asylum Now and may agree to make
contentions that Asylum Now wishes to have tested by the litigation.
Rule 1.8(f); RESTATEMENT § 134
✔✔40. Conglomerate Corporation hired an attorney to represent one of its employees,
a delivery truck driver, who is the defendant in a personal injury lawsuit. The incident
that caused the plaintiff's injury was potentially within the scope of the employee's
duties, and under Conglomerate's ultimate supervision. Conglomerate's directors asked
the attorney what the truck driver intends to testify about the accident and its
surrounding circumstances. The employee consented to having Conglomerate pay his
legal fees, but the attorney did not ask the driver specifically about sharing this type of
information with Conglomerate during the representation. Would it be improper for the
attorney to give this requested information to Conglomerate's directors?
a) Yes, a lawyer shall not accept compensation for representing a client from one other
than the client, especially an employer.
b) Yes, without specific authorization fro - ✔✔b) Yes, without specific authorization from
the employee-client, the attorney may not disclose to Conglomerate how the employee
intends to testify.
Rule 1.8(f); RESTATEMENT § 134
✔✔41. An attorney was preparing a will for one of her wealthy elderly clients. The client
had no surviving family members - her spouse had passed away years before, as had
SOLUTIONS RATED A+
✔✔31. An attorney made an agreement to borrow money from a client who had
received a large inheritance. The attorney agreed to pay the client the same interest
rate that banks in that area were charging for unsecured business loans, and she gave
the client a detailed written disclosure of the terms and conditions of the loan, with
phrasing that a nonlawyer could understand. The client gave written, signed consent to
the essential terms of the loan, including the fact that the attorney was not representing
the client in the transaction. During one of their conversations about the loan, the
attorney also advised the client in writing that it would be prudent to obtain the advice of
another lawyer about the transaction, and she offered to give the client time to find
another lawyer, but the client did not want to do this. Upon consummation of the
agreement, the client transferred the loan amount to the attorney, who made - ✔✔b)
Yes, because the attorney complied with the requirements of the Model Rules for this
type of transaction with a client.
Rule 1.8(a)
✔✔32. An attorney, a venture capitalist, and a land developer agreed to form a
corporation to develop a new shopping mall. Their agreement allocates ownership
shares based on the appraised value of the venture capitalist's land, which he is
contributing for this enterprise, the market value of the developer's design and
construction work, and the attorney's regular fees for the hours contributed to the
formation and ongoing representation as corporate counsel. The attorney was already
representing both the venture capitalist and the developer as his clients in unrelated
matters. Which of the following is NOT a duty of the attorney in this situation, if the
attorney performs the others?
a) The attorney must fully disclose in writing all the terms of the development
corporation ownership agreement to the developer and the venture capitalist in
language they understand, and the terms of the agreement are objectively fai - ✔✔c)
The attorney must withdraw from representing the venture capitalist and the developer
on the other matters, at least until the process of forming the corporation is complete, to
avoid conflicts of interest.
Rule 1.8(a); RESTATEMENT § 126
✔✔33. An attorney represented a client who was a stockbroker in a boundary dispute
with the client's neighbor. Before the conclusion of the representation, the attorney also
made some personal investments using the same client's brokerage services, receiving
the same terms, services, and fee waivers that other customers of the brokerage firm
received. The attorney did not advise the client to seek the opinion of independent legal
counsel for this transaction, and did not obtain signed, written consent from the client
about the attorney's role in the transaction. The terms of the brokerage services
,agreement were in writing, as usual. Based on these facts, were the attorney's actions
proper in this transaction?
a) Yes, because the essential terms of the agreement were in writing, and it does not
appear that the attorney charged the client any additional legal fees for this transaction.
b) Yes, this is a standard comm - ✔✔b) Yes, this is a standard commercial transaction
between the attorney and the client for a service that the client normally would market to
others.
Rule 1.8(a) Cmt. 1
✔✔34. A transactional attorney agreed to represent a new client who already had
representation by trial counsel on another matter. The client agreed to a complex fee
arrangement, which included a fixed flat fee for the first phase of the transaction, a
modest hourly rate for the remainder of the transaction, and a modest contingent fee in
addition to these other fees, scaled to the outcome of the transaction - that is, a higher
contingent fee for obtaining more favorable final terms in the transaction. The attorney
did not advise the client to seek the opinion of independent legal counsel for this
transaction, and did not obtain signed, written consent from the client about the
attorney's role in the transaction. The client's other lawyer reviewed the terms of the fee
agreement and advised the client to accept it. Based on these facts, could the attorney
be subject to discipline for violating the provisions Model Rule - ✔✔d) No, because Rule
1.8 does not apply to ordinary fee arrangements between client and lawyer.
Rule 1.8(a) Cmt. 1
✔✔35. A certain client needed to sell a parcel of real estate to pay off a large amount of
credit card debt. He brought this situation to the attention of his attorney, who was
representing him in his interactions with collection agencies and credit bureaus. The
attorney offered to purchase the property immediately for the full amount of the client's
outstanding credit card debt - just over a hundred thousand dollars - without delaying
the matter by arranging a mortgage first, or having the property appraised. The client
was disappointed, because he thought the property was worth more than that, but he
agreed due to his dire financial circumstances. The attorney fully disclosed the terms of
the purchase to the client, in understandable written form, and advised the client in
writing that it would be prudent to consult with another lawyer about the transaction,
which the client could not realistically afford to do. The - ✔✔d) No, because the
transaction was objectively unfair.
Committee on Prof. Ethics v. Baker, 269 N.W.2d 463 (Iowa 1978) Rule 1.8(a);
RESTATEMENT § 126
✔✔36. An attorney represented a client in a litigation matter, and while the matter was
still pending, the attorney and the client also agreed to purchase an investment property
,together. The client had another lawyer who regularly represented the client in
transactional matters, but not litigation. The litigation attorney and the client contributed
equal amounts toward the purchase of the investment property, and each received an
equal share. The attorney did not advise the client in writing of the desirability of
obtaining the opinion of independent legal counsel in the transaction, but the client
nevertheless asked his other lawyer, who handled the client's transactional matters, to
review the terms and render an opinion. The other lawyer provided the client with a
written disclosure of the terms and conditions of the agreement and recommended that
the client proceed. Did the litigation attorney act properly in this - ✔✔a) Yes, because
the client had representation by another lawyer in the transaction.
Rule 1.8(a) Cmt. 4
✔✔37. An attorney has a successful blog about legal practice, and the blog generates
substantial side income for the attorney. The attorney posts entertaining stories about
his clients that attract the attention of his readers and make the blog successful and
lucrative. He does not obtain client consent for these posts, but he is careful 1) not to
post anything that would seriously injure the client's reputation or legal interests, and 2)
not to post information about individuals that is truly confidential, that is not part of the
public record. On the other hand, he does post about his personal observations and
opinions of clients and their lifestyles, and often shares generalizations based on
confidential information of former clients, such as: "On three occasions I've had clients
who lived a double life, maintaining separate families in separate cities, and their
families never knew." Another post recounted, "Last y - ✔✔d) The attorney has a
common-law fiduciary duty not to profit from using client information even if the use
complies with the lawyer's ethical obligations, without accounting to the client for any
profits made.
ABA Formal Ethics Op. 18-480 (2018), fn. 16, citing RESTATEMENT § 60(2); Accord
D.C. Bar Op. 370 (2016).
✔✔38. A certain attorney represents a client in a civil suit. The client and the attorney
often discuss their hunting trips and have gone hunting together on several occasions.
The client tells the attorney he is purchasing a piece of property for hunting with five
other people and asks the attorney if he would like to go in on the purchase. The
attorney tells the client he would like to join in the purchase and he provides the client
with a check for his portion of the purchase price. Is the attorney subject to discipline?
a) Yes, attorneys shall not enter into transactions with clients that result in joint
ownership of property.
b) Yes, attorneys shall not engage in social activities with current clients or enter into
transactions that result in joint ownership of property.
, c) No, attorneys may enter into transactions with clients assuming the transactions are
not related to the current representation of the clie - ✔✔d) No, attorneys can enter into
fair and reasonable business transactions with clients, assuming the client receives an
advisory in writing of the benefit of seeking advice from independent counsel and gives
informed consent, in writing and signed by the client, of the transaction details.
Rule 1.8(a)
✔✔39. Asylum Now is a nonprofit organization that advocates for refugees and
immigrants from poor countries. The Board of Directors for Asylum Now wants to bring
a test case in federal court to challenge the constitutionality of detaining refugees who
enter the country under duress without a visa. Asylum Now has offered to pay an
attorney to seek the release of a certain refugee currently in federal detention, and to
use this case to challenge current federal laws and regulations that mandate such
detentions. The refugee consents to the representation, as well as the payment of legal
fees by Asylum Now, and agrees to have his case be the test case that might benefit
others. During the representation, the attorney meets several times with the directors of
Asylum Now to discuss how to frame their argument in the case in a way that would
shape public policy in the right direction. Is it permissible for the attorney to und - ✔✔a)
Yes, the attorney may accept payment by Asylum Now and may agree to make
contentions that Asylum Now wishes to have tested by the litigation.
Rule 1.8(f); RESTATEMENT § 134
✔✔40. Conglomerate Corporation hired an attorney to represent one of its employees,
a delivery truck driver, who is the defendant in a personal injury lawsuit. The incident
that caused the plaintiff's injury was potentially within the scope of the employee's
duties, and under Conglomerate's ultimate supervision. Conglomerate's directors asked
the attorney what the truck driver intends to testify about the accident and its
surrounding circumstances. The employee consented to having Conglomerate pay his
legal fees, but the attorney did not ask the driver specifically about sharing this type of
information with Conglomerate during the representation. Would it be improper for the
attorney to give this requested information to Conglomerate's directors?
a) Yes, a lawyer shall not accept compensation for representing a client from one other
than the client, especially an employer.
b) Yes, without specific authorization fro - ✔✔b) Yes, without specific authorization from
the employee-client, the attorney may not disclose to Conglomerate how the employee
intends to testify.
Rule 1.8(f); RESTATEMENT § 134
✔✔41. An attorney was preparing a will for one of her wealthy elderly clients. The client
had no surviving family members - her spouse had passed away years before, as had
