MPRE Study Questions with 100% Correct Answers

Inherent Powers of Courts to Regulate Lawyers 1. State Courts-- regulate all aspects of the practice of law within their jurisdiction; each state with its own rules of professional conduct, often based on the ABA Model Rules 2. Federal Courts--each court has its own bar to which a lawyer must be admitted in order to practice before the court Requirements for Admission 1. Education—most states require graduation from an ABA-accredited law school 2. Knowledge—most states require applicants to pass a bar examination 3. Character—past conduct may be considered when assessing an applicant's good character and general fitness to practice law; false statements to the bar examiners may result in a denial of admission 4. Residency—no residency requirements Application Process (Restrictions on Applicant) 1. Prohibited from knowingly making a false statement of material fact regarding bar admission, failing to disclose a material fact, or knowingly failing to respond to lawful demand by an admissions authority regarding the application 2. Can invoke the Fifth Amendment privilege; must do so openly, not simply omit information 3. Violations of the Model Rules (MR) may prevent admission Regulation After Admission: Grounds of Misconduct Rule 8.4 1. Violate or attempt to violate MR, or knowingly assist or induce another to do so 2. Commit a criminal act that adversely reflects on the lawyer's honesty, trustworthiness, or fitness as lawyer 3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation 4. Engage in conduct prejudicial to administration of justice 5. State or imply an ability to influence improperly government agency or official 6. Knowingly assist a judge or judicial officer in a violation of judicial conduct rules or other law 7. Engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination Regulation After Admission: Misconduct Committed by Others in a Law Firm 1. Misconduct of another lawyer or non-lawyer, ordered or ratified by a lawyer 2. Manager's responsibility for firm's preventive measures—must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that the conduct of all lawyers and non-lawyers conforms to the MR 3. Direct supervisor's responsibility for supervised person's conduct—must make reasonable efforts to ensure that the supervised person's conduct conforms to the MR 4. Failure to remediate known misconduct—when a lawyer with managerial authority knows that the consequences of misconduct can be avoided or mitigated but fails to take reasonable remedial action 5. Duties of subordinate lawyer—must conform to the MR even if acting under the direction of a supervising lawyer; not liable for violation of the MR if the subordinate acts in accordance with the supervising lawyer's reasonable resolution of an arguable question of professional duty Misconduct Outside of the Jurisdiction Rule 8.5 —a lawyer is subject to discipline for misconduct in any JX where the lawyer is admitted to practice, even if the misconduct occurred outside of that JX; also subject to discipline by the JX where misconduct occurred