MRPC EXAM WITH CORRECT
SOLUTION
Rule 1.1 - ANSWER Competence
A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation.
Rule 1.2 - ANSWER Scope of Representation and Allocation of Authority
(a) SHALL abide by client decisions. SHALL consult w/ client as to means. MAY take
such action as impliedly authorized
(b) representation =/= endorsement
(c) MAY limit the scope reasonably and w/ informed consent
(d) SHALL not counsel a client to help with crime/fraud (they can however discuss
consequences of assist a client in evaluating the pertinent law)
Rule 1.3 - ANSWER Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
Rule 1.4 - ANSWER Communications
(a) SHALL (1,3) inform the client (to the extent REASONABLY necessary) (2)
REASONABLY consult regarding means (4) PROMPTLY comply w/ REASONABLE
requests for info.
Rule 1.5(a-b) - ANSWER Fees
(a) REASONABLE!
factors: time/labor, novelty/difficulty of the legal issue, future limitations due to conflict,
customary fee, results, lawyer/client relationship, lawyer reputation/experience, fixed vs
contingent, client sophistication
-non-refundable retainers... must be reasonable
(b) preferably in writing... rate changes must be reasonable due to change in
circumstances
, Rule 1.5 (c-e) - ANSWER Contigent and Split Fees
b) SHALL communicate the basis for the fee and any changes (c) contingent fees SHALL
be in a signed writing stating a clear and complete basis for the fee (under foreseeable
circumstances) + written statement outlining recovery, fee at the matters conclusion
-(d) exceptions... (1) any fee in a domestic relations matter and (2) criminal defense
Rule 1.5(e) - ANSWER Division Outside Firm
(e) MAY be made only if: (1) in proportion to services performed (2) informed client
agrees via signed writing AND (3) reasonable total
Rule 1.6 - ANSWER Confidentiality
-some information not protected by ACP or WPI may still be protected by 1.6
(a) SHALL not reveal information relating to the representation of a client UNLESS (b)
the lawyer MAY to the extent the believe is reasonably believes necessary to: (1-7)
exceptions
(c) SHALL make REASONABLE efforts to prevent inadvertent disclosure of info. subject
to this rule
-NOTE the source of the info. does not have to be the client
Rule 1.6(b) - ANSWER Confidentiality Exceptions
(b) reasonably necessary to: prevent reasonably certain death/substantial bodily harm,
to prevent crime/fraud reasonable certain to cause financial harm to another,
mitigate/rectify crime/fraud when lawyer's services have furthered, to secure advice
about lawyer's compliance with MRPC, to establish a claim/defense in subsequent
litigation w/ the client, comply w/ other law/court order, to resolve a conflict of interest if
client is not prejudiced
Losing Confidentiality - ANSWER (1) client death
(2) information loses confidentiality... becomes public knowledge
(3) client waiver w/ informed consent (limited waiver permits waiver in one
circumstances but not another
SOLUTION
Rule 1.1 - ANSWER Competence
A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation.
Rule 1.2 - ANSWER Scope of Representation and Allocation of Authority
(a) SHALL abide by client decisions. SHALL consult w/ client as to means. MAY take
such action as impliedly authorized
(b) representation =/= endorsement
(c) MAY limit the scope reasonably and w/ informed consent
(d) SHALL not counsel a client to help with crime/fraud (they can however discuss
consequences of assist a client in evaluating the pertinent law)
Rule 1.3 - ANSWER Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
Rule 1.4 - ANSWER Communications
(a) SHALL (1,3) inform the client (to the extent REASONABLY necessary) (2)
REASONABLY consult regarding means (4) PROMPTLY comply w/ REASONABLE
requests for info.
Rule 1.5(a-b) - ANSWER Fees
(a) REASONABLE!
factors: time/labor, novelty/difficulty of the legal issue, future limitations due to conflict,
customary fee, results, lawyer/client relationship, lawyer reputation/experience, fixed vs
contingent, client sophistication
-non-refundable retainers... must be reasonable
(b) preferably in writing... rate changes must be reasonable due to change in
circumstances
, Rule 1.5 (c-e) - ANSWER Contigent and Split Fees
b) SHALL communicate the basis for the fee and any changes (c) contingent fees SHALL
be in a signed writing stating a clear and complete basis for the fee (under foreseeable
circumstances) + written statement outlining recovery, fee at the matters conclusion
-(d) exceptions... (1) any fee in a domestic relations matter and (2) criminal defense
Rule 1.5(e) - ANSWER Division Outside Firm
(e) MAY be made only if: (1) in proportion to services performed (2) informed client
agrees via signed writing AND (3) reasonable total
Rule 1.6 - ANSWER Confidentiality
-some information not protected by ACP or WPI may still be protected by 1.6
(a) SHALL not reveal information relating to the representation of a client UNLESS (b)
the lawyer MAY to the extent the believe is reasonably believes necessary to: (1-7)
exceptions
(c) SHALL make REASONABLE efforts to prevent inadvertent disclosure of info. subject
to this rule
-NOTE the source of the info. does not have to be the client
Rule 1.6(b) - ANSWER Confidentiality Exceptions
(b) reasonably necessary to: prevent reasonably certain death/substantial bodily harm,
to prevent crime/fraud reasonable certain to cause financial harm to another,
mitigate/rectify crime/fraud when lawyer's services have furthered, to secure advice
about lawyer's compliance with MRPC, to establish a claim/defense in subsequent
litigation w/ the client, comply w/ other law/court order, to resolve a conflict of interest if
client is not prejudiced
Losing Confidentiality - ANSWER (1) client death
(2) information loses confidentiality... becomes public knowledge
(3) client waiver w/ informed consent (limited waiver permits waiver in one
circumstances but not another
