Multistate Professional Responsibility Examination MPRE
Ultimate Exam
**Question 1.** Which of the following best describes the source of a state supreme court’s inherent
authority to regulate the practice of law?
A) Legislative enactments only
B) The court’s constitutional grant of judicial power
C) Federal statutes preempting state law
D) The American Bar Association’s Model Rules
Answer: B
Explanation: State courts derive inherent authority to regulate the legal profession from the
constitutional grant of judicial power, not from statutes or external bodies.
**Question 2.** Under Rule 8.3, which of the following statements is true about mandatory reporting of
professional misconduct?
A) A lawyer must report any misconduct of a fellow lawyer, even if the conduct is not related to the
practice of law.
B) Reporting is mandatory only when the lawyer knows of a violation that raises a substantial question
about the lawyer’s honesty, trustworthiness, or fitness.
C) A lawyer may report a former client’s misconduct without the client’s consent.
D) Mandatory reporting applies only to criminal conduct.
Answer: B
Explanation: Rule 8.3 requires reporting of conduct that raises a substantial question about a lawyer’s
honesty, trustworthiness, or fitness, not every wrongdoing.
**Question 3.** Which of the following is a permissible basis for denying admission to the bar?
A) The applicant’s political beliefs.
B) The applicant’s failure to graduate from an ABA‑accredited law school.
C) The applicant’s prior conviction for a non‑violent misdemeanor.
D) The applicant’s refusal to disclose financial assets.
,Multistate Professional Responsibility Examination MPRE
Ultimate Exam
Answer: B
Explanation: Most states require graduation from an ABA‑accredited law school (or its equivalent) as a
prerequisite for admission; political beliefs are protected, and many misdemeanor convictions do not
automatically bar admission.
**Question 4.** A lawyer who practices law in State A without a license but is supervised by a licensed
attorney in State A is engaging in:
A) Pro hac vice admission.
B) Unauthorized practice of law.
C) Temporary practice under a reciprocity agreement.
D) A permissible “foreign lawyer” arrangement.
Answer: B
Explanation: Practicing law without a license, even under supervision, constitutes the unauthorized
practice of law unless an exception applies.
**Question 5.** Which of the following fee‑division arrangements is expressly prohibited by the Model
Rules?
A) A lawyer dividing a fee with a non‑lawyer for services performed by the non‑lawyer.
B) A lawyer sharing a fee with another lawyer who performed a substantial part of the work.
C) A lawyer paying a referral fee to another lawyer provided the client is informed.
D) A lawyer receiving a contingent fee from a client in a personal injury case.
Answer: A
Explanation: Rule 5.4 forbids a lawyer from sharing legal fees with a non‑lawyer, except for certain
limited expenses.
**Question 6.** An attorney who wishes to appear in a trial in a state where she is not admitted must
first:
A) File a motion for temporary admission pro hac vice and associate with local counsel.
B) Register as a foreign attorney with the state bar and practice freely.
,Multistate Professional Responsibility Examination MPRE
Ultimate Exam
C) Obtain a written waiver from the judge.
D) Practice only as a consultant and never appear in court.
Answer: A
Explanation: Pro hac vice admission requires filing a motion and associating with local counsel to
practice temporarily in another jurisdiction.
**Question 7.** Which of the following statements about law‑firm ownership is correct under the
Model Rules?
A) Non‑lawyers may own a majority interest in a law firm in any state.
B) Professional corporations may be owned only by lawyers.
C) A law firm may be owned by a publicly traded corporation if the lawyers retain control.
D) A partnership can have a non‑lawyer as a general partner.
Answer: B
Explanation: Model Rule 5.4 requires that ownership of professional corporations (and similar entities)
be limited to lawyers.
**Question 8.** A partner in a law firm discovers that an associate has been overbilling a client. The
partner’s primary ethical duty is to:
A) Ignore the conduct if the associate is a close friend.
B) Report the conduct to the state disciplinary authority immediately.
C) Ensure the firm takes remedial action, including restitution to the client.
D) Advise the associate to keep quiet to avoid bad publicity.
Answer: C
Explanation: Under Rule 5.1, partners must make reasonable efforts to ensure the firm’s compliance
with the Rules, including addressing misconduct.
**Question 9.** Non‑compete clauses in lawyer employment contracts are generally:
, Multistate Professional Responsibility Examination MPRE
Ultimate Exam
A) Enforceable in all jurisdictions.
B) Permissible only if they protect a legitimate business interest and are reasonable in scope.
C) Allowed if the lawyer agrees in writing.
D) Unrestricted under the Model Rules.
Answer: B
Explanation: Non‑compete clauses must be reasonable in duration, geography, and scope, and protect a
legitimate interest; many states limit or prohibit them for lawyers.
**Question 10.** When a prospective client contacts an attorney but does not retain counsel, the
attorney’s duty of confidentiality:
A) Applies only after a formal retainer is signed.
B) Applies to all communications, regardless of retention.
C) Does not apply because no attorney‑client relationship exists.
D) Applies only if the prospective client pays a fee.
Answer: B
Explanation: Rule 1.6’s confidentiality obligation applies to information relating to the representation of
a prospective client, even if no formal relationship is formed.
**Question 11.** Which of the following best characterizes a lawyer’s authority to settle a case on
behalf of a client?
A) The lawyer may settle any case without client consent if the settlement is “reasonable.”
B) The lawyer must obtain the client’s express consent to settle, unless the client has granted settlement
authority in writing.
C) The lawyer can settle only if the client is incapacitated.
D) The lawyer may settle any claim involving a third party without the client’s input.
Answer: B
Ultimate Exam
**Question 1.** Which of the following best describes the source of a state supreme court’s inherent
authority to regulate the practice of law?
A) Legislative enactments only
B) The court’s constitutional grant of judicial power
C) Federal statutes preempting state law
D) The American Bar Association’s Model Rules
Answer: B
Explanation: State courts derive inherent authority to regulate the legal profession from the
constitutional grant of judicial power, not from statutes or external bodies.
**Question 2.** Under Rule 8.3, which of the following statements is true about mandatory reporting of
professional misconduct?
A) A lawyer must report any misconduct of a fellow lawyer, even if the conduct is not related to the
practice of law.
B) Reporting is mandatory only when the lawyer knows of a violation that raises a substantial question
about the lawyer’s honesty, trustworthiness, or fitness.
C) A lawyer may report a former client’s misconduct without the client’s consent.
D) Mandatory reporting applies only to criminal conduct.
Answer: B
Explanation: Rule 8.3 requires reporting of conduct that raises a substantial question about a lawyer’s
honesty, trustworthiness, or fitness, not every wrongdoing.
**Question 3.** Which of the following is a permissible basis for denying admission to the bar?
A) The applicant’s political beliefs.
B) The applicant’s failure to graduate from an ABA‑accredited law school.
C) The applicant’s prior conviction for a non‑violent misdemeanor.
D) The applicant’s refusal to disclose financial assets.
,Multistate Professional Responsibility Examination MPRE
Ultimate Exam
Answer: B
Explanation: Most states require graduation from an ABA‑accredited law school (or its equivalent) as a
prerequisite for admission; political beliefs are protected, and many misdemeanor convictions do not
automatically bar admission.
**Question 4.** A lawyer who practices law in State A without a license but is supervised by a licensed
attorney in State A is engaging in:
A) Pro hac vice admission.
B) Unauthorized practice of law.
C) Temporary practice under a reciprocity agreement.
D) A permissible “foreign lawyer” arrangement.
Answer: B
Explanation: Practicing law without a license, even under supervision, constitutes the unauthorized
practice of law unless an exception applies.
**Question 5.** Which of the following fee‑division arrangements is expressly prohibited by the Model
Rules?
A) A lawyer dividing a fee with a non‑lawyer for services performed by the non‑lawyer.
B) A lawyer sharing a fee with another lawyer who performed a substantial part of the work.
C) A lawyer paying a referral fee to another lawyer provided the client is informed.
D) A lawyer receiving a contingent fee from a client in a personal injury case.
Answer: A
Explanation: Rule 5.4 forbids a lawyer from sharing legal fees with a non‑lawyer, except for certain
limited expenses.
**Question 6.** An attorney who wishes to appear in a trial in a state where she is not admitted must
first:
A) File a motion for temporary admission pro hac vice and associate with local counsel.
B) Register as a foreign attorney with the state bar and practice freely.
,Multistate Professional Responsibility Examination MPRE
Ultimate Exam
C) Obtain a written waiver from the judge.
D) Practice only as a consultant and never appear in court.
Answer: A
Explanation: Pro hac vice admission requires filing a motion and associating with local counsel to
practice temporarily in another jurisdiction.
**Question 7.** Which of the following statements about law‑firm ownership is correct under the
Model Rules?
A) Non‑lawyers may own a majority interest in a law firm in any state.
B) Professional corporations may be owned only by lawyers.
C) A law firm may be owned by a publicly traded corporation if the lawyers retain control.
D) A partnership can have a non‑lawyer as a general partner.
Answer: B
Explanation: Model Rule 5.4 requires that ownership of professional corporations (and similar entities)
be limited to lawyers.
**Question 8.** A partner in a law firm discovers that an associate has been overbilling a client. The
partner’s primary ethical duty is to:
A) Ignore the conduct if the associate is a close friend.
B) Report the conduct to the state disciplinary authority immediately.
C) Ensure the firm takes remedial action, including restitution to the client.
D) Advise the associate to keep quiet to avoid bad publicity.
Answer: C
Explanation: Under Rule 5.1, partners must make reasonable efforts to ensure the firm’s compliance
with the Rules, including addressing misconduct.
**Question 9.** Non‑compete clauses in lawyer employment contracts are generally:
, Multistate Professional Responsibility Examination MPRE
Ultimate Exam
A) Enforceable in all jurisdictions.
B) Permissible only if they protect a legitimate business interest and are reasonable in scope.
C) Allowed if the lawyer agrees in writing.
D) Unrestricted under the Model Rules.
Answer: B
Explanation: Non‑compete clauses must be reasonable in duration, geography, and scope, and protect a
legitimate interest; many states limit or prohibit them for lawyers.
**Question 10.** When a prospective client contacts an attorney but does not retain counsel, the
attorney’s duty of confidentiality:
A) Applies only after a formal retainer is signed.
B) Applies to all communications, regardless of retention.
C) Does not apply because no attorney‑client relationship exists.
D) Applies only if the prospective client pays a fee.
Answer: B
Explanation: Rule 1.6’s confidentiality obligation applies to information relating to the representation of
a prospective client, even if no formal relationship is formed.
**Question 11.** Which of the following best characterizes a lawyer’s authority to settle a case on
behalf of a client?
A) The lawyer may settle any case without client consent if the settlement is “reasonable.”
B) The lawyer must obtain the client’s express consent to settle, unless the client has granted settlement
authority in writing.
C) The lawyer can settle only if the client is incapacitated.
D) The lawyer may settle any claim involving a third party without the client’s input.
Answer: B
