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Exam (elaborations)

MPRE PRACTICE Questions and Answers 100% Verified

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MPRE PRACTICE Questions and Answers 100% Verified

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MPRE PRACTICE Questions and Answers 100%
Verified

Question:

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 within the year immediately preceding the date of his application

for admission to the bar. When filling out the sworn bar application, Boaz inadvertently

omitted two of the total twenty prior speeding tickets (i.e., he simply had so many tickets to

locate and report that somehow two tickets from his earliest driving years were inadvertently

misplaced by Boaz and not included in the list). Would the bar committee be justified in

denying


Answer:

b. Yes, if the committee determines that, despite his unintentional omission of the two

earliest speeding tickets on his bar application, Boaz's application (showing a total of 18

speeding tickets, two of which were received in the current year) nevertheless indicates

Boaz's present disrespect for the authority of the law.

,Question:

Attorney Hobbs practices with several other lawyers in a small firm. He also owns a company

that collects bad checks for local businesses. The check collection business is completely

unrelated to Attorney Hobbs's practice of law. In the check collection business, Attorney

Hobbs was convicted of a misdemeanor violation of the applicable wage and hour law.

Based on the foregoing fact, is Attorney Hobbs subject to discipline?


Answer:

c. Attorney Hobbs may be subject to discipline if it is determined that he engaged in

dishonesty or deceit.



Question:

Attorney Johnson represented Cliff who had been charged with the crime "cable theft"

against the local television cable company. During the course of this representation, Johnson

learned how Cliff was able to use a fairly simple technique to remove an electronic filter from

inside the cable box that blocked certain portions of the cable signal, thus allowing the user

to receive the full cable signal (including all premium channels and high-speed internet).

Unable to secure tickets to the biggest football game of the year between the two in-state

rival teams, Johnson decided to watch the game at home on his new high- definition

television. Since he also subscribed to "basic" cable service, Johnson decided to test out his

new television by temporarily removing the electronic filter from his cable box in order to

receive an HD- quality digital signal just for the game. Johnson had actually intended to sign

up with the cab


Answer:

a. Johnson is subject to discipline because he was engaged in conduct involving dishonesty,

fraud, deceit, or misrepresentation.

,Question:

Ms. Hicks is an attorney who tried without success to destroy evidence in a bitter divorce

case. Ms. Hicks "erased" and "deleted" a number of incriminating e-mails that her client had

sent, for the purpose of making sure those messages would not be available to her client's

husband at trial. Unbeknownst to Ms. Hicks, however, it is extremely difficult to "erase"

e-mails, and a forensic computer specialist was able to retrieve the messages and testify

about Ms. Hick's attempts to destroy them. Because she failed, Ms. Hicks did not violate the

state obstruction of justice statute. Which of the following statements most accurately

describes the propriety of Ms. Hick's conduct under the Model Rules?


Answer:

c. Ms. Hicks committed misconduct because she attempted an act, that if successful, would

have violated a rule of professional conduct.

, Question:

Grace Patton is an associate in a law firm. Her firm bills clients by the hour. When she began

working for the firm, she signed a statement in which she agreed to abide by firm policy. The

firm policy stated in part: "All misconduct shall be reported promptly to the managing partner

and shall not be revealed to anyone else in the firm or outside the firm."Grace discovers that

Arthur, the partner who supervises her work, always alters her time sheets by multiplying the

number of hours she reported working by 1.2, thereby claiming to clients that she spent 20%

more time on each project than she actually spent, and billing the clients accordingly. Grace

reports the misconduct to the managing partner, who tells her not to concern herself with the

conduct of her superiors. He takes no action. Would Grace be subject to discipline if she

failed to report Arthur's conduct to the disciplinary authorities? a. Yes, because oth


Answer:

b. Yes, because Arthur's conduct involves a violation of the rules that raises a substantial

question as to his honesty.

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