MISSED MPRE EXAM
QUESTIONS WITH CORRECT
ANSWERS 100% 2024
May CPA and Lawyer form partnership so long as the CPA does not give legal
advice and only does CPA work? - CORRECT ANSWERS-No.
A lawyer shall not form a partnership with a nonlawyer if any of the activities
of the partnership consist of the "practice of law." 5.5. A lawyer who does so
is assisting another in the unauthorized practice of law and is subject to
discipline. 5.5 (a). Even though only the lawyer is doing the legal services,
the partnership is providing the legal services (and the accountant is a
partner).
Can non-lawyers be an officer of a corporation or association/firm authorized
to practice law for a profit? - CORRECT ANSWERS-NO. 5.4(d)(2): "A lawyer
shall not practice with or in the form of a professional corporation or
association authorized to practice law for a profit, if...a nonlawyer is a
corporate director or officer thereof or occupies the position of similar
responsibility."
Prior to conclusion of representation, may a lawyer make/negotiate an
agreement with the client giving lawyer literary or media rights to a portrayal
or account based on the representation? - CORRECT ANSWERS-No!
1.8(d) "Prior to conclusion of representation, a lawyer shall not make or
negotiate an agreement giving lawyer literary or media rights to a portrayal
or account based in substantial part on information relating to the
representation."
May attorney disclose tax info IRS requests if client tells attorney not to? -
CORRECT ANSWERS-No!
Unless an exception related to preventing a crime, defending the attorney,
or compliance with law or a court order, the general rule is that
"A lawyer shall not reveal information relating to the representation of a
client unless the client gives informed consent." 1.6.
Do the MPRE rules prohibit a lawyer and nonlawyer have an agreement
where they recommend the other's services to their clients, so long as the
, lawyer practices in the nonlawyers area, they do not share fees and their
prices are reasonable? - CORRECT ANSWERS-Yes! The rules prohibit the
arrangement.
A lawyer may not give anything of value to a person for recommending the
lawyer's services except under certain circumstances. 7.2(b). "Anything of
value" refers to more than money, including recommendations and referrals.
May a lawyer contact a person not represented by a lawyer involved in the
lawyer's case? - CORRECT ANSWERS-Yes, but the lawyer must tell the person
that he is a lawyer representing a client and must not imply that the lawyer
is disinterested.
"In dealing on behalf of a client with a person who is not represented by
counsel, a lawyer shall not state or imply that the lawyer is disinterested."
4.3.
May a former government lawyer who investigated a defendant take on a
case/client that involves the same defendant in a civil matter? - CORRECT
ANSWERS-No.
Summary (0%)A former government lawyer may not represent a client in
connection "with a matter in which the lawyer participated personally and
substantially as a public officer or employee, unless the appropriate
government agency gives its informed consent, confirmed in writing, to the
representation." 1.1(a)(2).
Four years ago lawyer represented husband and wife in purchase of home.
Since them, attorney also helped prepare their tax returns and draft their
wills.
The couple is now getting divorced and want the lawyer to represent both of
them and have an amicable divorce.
May the lawyer represent them jointly? - CORRECT ANSWERS-Yes, so long as:
"1) the lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client
against another client represented by the lawyer in the same litigation or
other proceeding before a tribunal;
4) each affected client gives informed consent confirmed in writing."
Plaintiff is suing both lawyer and his client over the same real estate
transaction. May lawyer reveal confidential info from the representation that
QUESTIONS WITH CORRECT
ANSWERS 100% 2024
May CPA and Lawyer form partnership so long as the CPA does not give legal
advice and only does CPA work? - CORRECT ANSWERS-No.
A lawyer shall not form a partnership with a nonlawyer if any of the activities
of the partnership consist of the "practice of law." 5.5. A lawyer who does so
is assisting another in the unauthorized practice of law and is subject to
discipline. 5.5 (a). Even though only the lawyer is doing the legal services,
the partnership is providing the legal services (and the accountant is a
partner).
Can non-lawyers be an officer of a corporation or association/firm authorized
to practice law for a profit? - CORRECT ANSWERS-NO. 5.4(d)(2): "A lawyer
shall not practice with or in the form of a professional corporation or
association authorized to practice law for a profit, if...a nonlawyer is a
corporate director or officer thereof or occupies the position of similar
responsibility."
Prior to conclusion of representation, may a lawyer make/negotiate an
agreement with the client giving lawyer literary or media rights to a portrayal
or account based on the representation? - CORRECT ANSWERS-No!
1.8(d) "Prior to conclusion of representation, a lawyer shall not make or
negotiate an agreement giving lawyer literary or media rights to a portrayal
or account based in substantial part on information relating to the
representation."
May attorney disclose tax info IRS requests if client tells attorney not to? -
CORRECT ANSWERS-No!
Unless an exception related to preventing a crime, defending the attorney,
or compliance with law or a court order, the general rule is that
"A lawyer shall not reveal information relating to the representation of a
client unless the client gives informed consent." 1.6.
Do the MPRE rules prohibit a lawyer and nonlawyer have an agreement
where they recommend the other's services to their clients, so long as the
, lawyer practices in the nonlawyers area, they do not share fees and their
prices are reasonable? - CORRECT ANSWERS-Yes! The rules prohibit the
arrangement.
A lawyer may not give anything of value to a person for recommending the
lawyer's services except under certain circumstances. 7.2(b). "Anything of
value" refers to more than money, including recommendations and referrals.
May a lawyer contact a person not represented by a lawyer involved in the
lawyer's case? - CORRECT ANSWERS-Yes, but the lawyer must tell the person
that he is a lawyer representing a client and must not imply that the lawyer
is disinterested.
"In dealing on behalf of a client with a person who is not represented by
counsel, a lawyer shall not state or imply that the lawyer is disinterested."
4.3.
May a former government lawyer who investigated a defendant take on a
case/client that involves the same defendant in a civil matter? - CORRECT
ANSWERS-No.
Summary (0%)A former government lawyer may not represent a client in
connection "with a matter in which the lawyer participated personally and
substantially as a public officer or employee, unless the appropriate
government agency gives its informed consent, confirmed in writing, to the
representation." 1.1(a)(2).
Four years ago lawyer represented husband and wife in purchase of home.
Since them, attorney also helped prepare their tax returns and draft their
wills.
The couple is now getting divorced and want the lawyer to represent both of
them and have an amicable divorce.
May the lawyer represent them jointly? - CORRECT ANSWERS-Yes, so long as:
"1) the lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client
against another client represented by the lawyer in the same litigation or
other proceeding before a tribunal;
4) each affected client gives informed consent confirmed in writing."
Plaintiff is suing both lawyer and his client over the same real estate
transaction. May lawyer reveal confidential info from the representation that
