Professional Responsibility (MPRE)
What are the 5 Common Law elements of Attorney Client Privilege? - CORRECT
ANSWER-(1) confidential, (2) communication, (3) for purposes of legal advice, (4)
involving a lawyer or lawyer's employees, (5) can be waived with informed consent.
What are the 3 elements of the Work Product Doctrine under FRCP 26.02(e)? -
CORRECT ANSWER-(1)confidential document/tangible thing, (2) prepared in
anticipation of litigation or trial, (3) by/for another party (including other party's
lawyer/witness/etc.)
Not everything that is _______ is privileged, but privilege only apples when there is
______. - CORRECT ANSWER-confidential/confidentiality
Describe Model Rule 7.1: Communication Concerning Lawyer's Services - CORRECT
ANSWER-A lawyer shall not make a false or misleading communication about the
lawyer or the lawyer's services.
When is a communication false or misleading under Model Rule 7.1: Communication
Concerning Lawyer's Services - CORRECT ANSWER-if it contains a material
misrepresentation of fact or law, or omits a fact necessary to make the statement
considered as a whole not materially misleading.
Under Comment 2 of Model Rule 7.1: Communication Concerning Lawyer's Services, a
truthful statement is misleading if: - CORRECT ANSWER-(1) it omits a fact necessary
to make the lawyer's communication considered as a whole not materially misleading,
(2) a substantial likelihood exists that it will lead a reasonable person to formulate a
specific conclusion about the lawyer or the lawyer's services for which there is no
reasonable factual foundation, (3) presented in a way that creates a substantial
likelihood that a reasonable person would believe the lawyer's communication requires
that person to take further action when, in fact, no action is required.
Generally, describe Model Rule 7.2(a): Communications Concerning a Lawyers
Services: Specific Rules - CORRECT ANSWER-a lawyer shall not compensate, give or
promise anything of value to a person for recommending the lawyer's services.
What are the five exceptions of Model Rule 7.2(a)? - CORRECT ANSWER-(1) pay the
reasonable costs of advertisements or communications permitted by this Rule, (2) pay
the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral
service, (3)pay for a law practice in accordance with Rule 1.17, (4) refer clients to
another lawyer or a nonlawyer professional pursuant to an agreement not otherwise
prohibited under these Rules that provides for the other person to refer clients or
customers to the lawyer, if: the reciprocal referral agreement is not exclusive; and the
,client is informed of the existence and nature of the agreement; and (5) give nominal
gifts as an expression of appreciation that are neither intended nor reasonably expected
to be a form of compensation for recommending a lawyer's services.
Generally, describe Model Rule 7.2(b): Communications Concerning a Lawyers
Services: Specific Rules - CORRECT ANSWER-A lawyer shall not state or imply that a
lawyer is certified as a specialist in a particular field of law
What is the exception to Model Rule 7.2(b): Communication Concerning a Lawyer's
Services: Specific Rules - CORRECT ANSWER-The lawyer has been certified as a
specialist by an organization that has been approved by an appropriate authority of the
state or the District of Columbia or a U.S. Territory or that has been accredited by the
American Bar Association and the name of the certifying organization is clearly
identified in the communication.
Define "solicitation" under Model Rule 7.3(a): Solicitation of Clients - CORRECT
ANSWER-denotes a communication initiated by or on behalf of a lawyer or law firm that
is directed to a specific person the lawyer knows or reasonably should know needs legal
services in a particular matter and that offers to provide, or reasonably can be
understood as offering to provide, legal services for that matter.
Describe a fiduciary duty. - CORRECT ANSWER-putting the client's interests before the
lawyers
Describe the duty of loyalty/communication. - CORRECT ANSWER-knowing who the
client is and being loyal to them and their interests
Describe the duty of confidentiality. - CORRECT ANSWER-clients must feel secure to
tell the lawyer absolutely everything
Describe the duty of candor. - CORRECT ANSWER-lawyers are obligated to inform
clients of the good and the bad
Describe Model Rule 1.1: Competence - CORRECT ANSWER-A lawyer shall provide
competent representation to a client.
Under Model Rule 1.1, what does competent representation require? - CORRECT
ANSWER-the legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation.
Describe Model Rule 1.3: Diligence - CORRECT ANSWER-a lawyer shall act with
reasonable diligence and promptness in representing a client
Describe Model Rule 2.1: Advisor - CORRECT ANSWER-In representing a client, a
lawyer shall exercise independent professional judgment and render candid advice. In
rendering advice, a lawyer may refer not only to law but to other considerations such as
, moral, economic, social and political factors, that may be relevant to the client's
situation.
Describe Model Rule 4.1: Truthfulness in Statements to Others - CORRECT ANSWER-
In the course of representing a client a lawyer shall knowingly: (a) make a false
statement of material fact or law to a third person; or (b) fail to disclose a material fact to
a third person when disclosure is necessary to avoid assisting a criminal or fraudulent
act by a client, unless disclosure is prohibited by Rule 1.6.
Describe Model Rule 1.9: Duties to Former Clients - CORRECT ANSWER-A lawyer
who has formerly represented a client in a matter or whose present or former firm has
formerly represented a client in a matter shall not thereafter: (1) use information relating
to the representation to the disadvantage of the former client except as these Rules
would permit or require with respect to a client, o when the information has become
generally known; or (2) reveal information relating to the representation except as these
rules would permit or require with respect to a client.
Under Comment 8 or Model Rule 1.9: Duties to Former Clients, the fact a lawyer has
once served a client does not __________. - CORRECT ANSWER-preclude the lawyer
from using generally known information about that client when later representing
another client.
Describe Model Rule 1.18(a): Duties to Prospective Clients - CORRECT ANSWER-
Even when no client lawyer relationship ensues, a lawyer who has learned information
from a prospective client shall not use or reveal that information, except as Rule 1.9
would permit with respect to information of a former client.
Describe Model Rule 1.2(a): Client Decisions, Scope of Representation, Crime/Fraud -
CORRECT ANSWER-Subject to paragraphs (c) and (d), a lawyer shall abide by a
client's decisions concerning the objectives of representation and, as required by Rule
1.4, shall consult with the client as to the means by which they are to be pursued. A
lawyer may take such action on behalf of the client as is impliedly authorized to carry
out the representation. A lawyer shall abide by a client's decision whether to settle a
matter. In a criminal case, the lawyer shall abide by the client's decision, after
consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and
whether the client will testify.
Describe Model Rule 1.2(b - CORRECT ANSWER-c): Client Decisions, Scope of
Representation, Crime/Fraud- (b) A lawyer's representation of a client, including
representation by appointment, does not constitute an endorsement of the client's
political, economic, social or moral views or activities.(c) A lawyer may limit the scope of
the representation if the limitation is reasonable under the circumstances and the client
gives informed consent.
Describe Model Rule 1.2(d): Client Decisions, Scope of Representation, Crime/Fraud -
CORRECT ANSWER-A lawyer shall not counsel a client to engage, or assist a client, in
What are the 5 Common Law elements of Attorney Client Privilege? - CORRECT
ANSWER-(1) confidential, (2) communication, (3) for purposes of legal advice, (4)
involving a lawyer or lawyer's employees, (5) can be waived with informed consent.
What are the 3 elements of the Work Product Doctrine under FRCP 26.02(e)? -
CORRECT ANSWER-(1)confidential document/tangible thing, (2) prepared in
anticipation of litigation or trial, (3) by/for another party (including other party's
lawyer/witness/etc.)
Not everything that is _______ is privileged, but privilege only apples when there is
______. - CORRECT ANSWER-confidential/confidentiality
Describe Model Rule 7.1: Communication Concerning Lawyer's Services - CORRECT
ANSWER-A lawyer shall not make a false or misleading communication about the
lawyer or the lawyer's services.
When is a communication false or misleading under Model Rule 7.1: Communication
Concerning Lawyer's Services - CORRECT ANSWER-if it contains a material
misrepresentation of fact or law, or omits a fact necessary to make the statement
considered as a whole not materially misleading.
Under Comment 2 of Model Rule 7.1: Communication Concerning Lawyer's Services, a
truthful statement is misleading if: - CORRECT ANSWER-(1) it omits a fact necessary
to make the lawyer's communication considered as a whole not materially misleading,
(2) a substantial likelihood exists that it will lead a reasonable person to formulate a
specific conclusion about the lawyer or the lawyer's services for which there is no
reasonable factual foundation, (3) presented in a way that creates a substantial
likelihood that a reasonable person would believe the lawyer's communication requires
that person to take further action when, in fact, no action is required.
Generally, describe Model Rule 7.2(a): Communications Concerning a Lawyers
Services: Specific Rules - CORRECT ANSWER-a lawyer shall not compensate, give or
promise anything of value to a person for recommending the lawyer's services.
What are the five exceptions of Model Rule 7.2(a)? - CORRECT ANSWER-(1) pay the
reasonable costs of advertisements or communications permitted by this Rule, (2) pay
the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral
service, (3)pay for a law practice in accordance with Rule 1.17, (4) refer clients to
another lawyer or a nonlawyer professional pursuant to an agreement not otherwise
prohibited under these Rules that provides for the other person to refer clients or
customers to the lawyer, if: the reciprocal referral agreement is not exclusive; and the
,client is informed of the existence and nature of the agreement; and (5) give nominal
gifts as an expression of appreciation that are neither intended nor reasonably expected
to be a form of compensation for recommending a lawyer's services.
Generally, describe Model Rule 7.2(b): Communications Concerning a Lawyers
Services: Specific Rules - CORRECT ANSWER-A lawyer shall not state or imply that a
lawyer is certified as a specialist in a particular field of law
What is the exception to Model Rule 7.2(b): Communication Concerning a Lawyer's
Services: Specific Rules - CORRECT ANSWER-The lawyer has been certified as a
specialist by an organization that has been approved by an appropriate authority of the
state or the District of Columbia or a U.S. Territory or that has been accredited by the
American Bar Association and the name of the certifying organization is clearly
identified in the communication.
Define "solicitation" under Model Rule 7.3(a): Solicitation of Clients - CORRECT
ANSWER-denotes a communication initiated by or on behalf of a lawyer or law firm that
is directed to a specific person the lawyer knows or reasonably should know needs legal
services in a particular matter and that offers to provide, or reasonably can be
understood as offering to provide, legal services for that matter.
Describe a fiduciary duty. - CORRECT ANSWER-putting the client's interests before the
lawyers
Describe the duty of loyalty/communication. - CORRECT ANSWER-knowing who the
client is and being loyal to them and their interests
Describe the duty of confidentiality. - CORRECT ANSWER-clients must feel secure to
tell the lawyer absolutely everything
Describe the duty of candor. - CORRECT ANSWER-lawyers are obligated to inform
clients of the good and the bad
Describe Model Rule 1.1: Competence - CORRECT ANSWER-A lawyer shall provide
competent representation to a client.
Under Model Rule 1.1, what does competent representation require? - CORRECT
ANSWER-the legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation.
Describe Model Rule 1.3: Diligence - CORRECT ANSWER-a lawyer shall act with
reasonable diligence and promptness in representing a client
Describe Model Rule 2.1: Advisor - CORRECT ANSWER-In representing a client, a
lawyer shall exercise independent professional judgment and render candid advice. In
rendering advice, a lawyer may refer not only to law but to other considerations such as
, moral, economic, social and political factors, that may be relevant to the client's
situation.
Describe Model Rule 4.1: Truthfulness in Statements to Others - CORRECT ANSWER-
In the course of representing a client a lawyer shall knowingly: (a) make a false
statement of material fact or law to a third person; or (b) fail to disclose a material fact to
a third person when disclosure is necessary to avoid assisting a criminal or fraudulent
act by a client, unless disclosure is prohibited by Rule 1.6.
Describe Model Rule 1.9: Duties to Former Clients - CORRECT ANSWER-A lawyer
who has formerly represented a client in a matter or whose present or former firm has
formerly represented a client in a matter shall not thereafter: (1) use information relating
to the representation to the disadvantage of the former client except as these Rules
would permit or require with respect to a client, o when the information has become
generally known; or (2) reveal information relating to the representation except as these
rules would permit or require with respect to a client.
Under Comment 8 or Model Rule 1.9: Duties to Former Clients, the fact a lawyer has
once served a client does not __________. - CORRECT ANSWER-preclude the lawyer
from using generally known information about that client when later representing
another client.
Describe Model Rule 1.18(a): Duties to Prospective Clients - CORRECT ANSWER-
Even when no client lawyer relationship ensues, a lawyer who has learned information
from a prospective client shall not use or reveal that information, except as Rule 1.9
would permit with respect to information of a former client.
Describe Model Rule 1.2(a): Client Decisions, Scope of Representation, Crime/Fraud -
CORRECT ANSWER-Subject to paragraphs (c) and (d), a lawyer shall abide by a
client's decisions concerning the objectives of representation and, as required by Rule
1.4, shall consult with the client as to the means by which they are to be pursued. A
lawyer may take such action on behalf of the client as is impliedly authorized to carry
out the representation. A lawyer shall abide by a client's decision whether to settle a
matter. In a criminal case, the lawyer shall abide by the client's decision, after
consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and
whether the client will testify.
Describe Model Rule 1.2(b - CORRECT ANSWER-c): Client Decisions, Scope of
Representation, Crime/Fraud- (b) A lawyer's representation of a client, including
representation by appointment, does not constitute an endorsement of the client's
political, economic, social or moral views or activities.(c) A lawyer may limit the scope of
the representation if the limitation is reasonable under the circumstances and the client
gives informed consent.
Describe Model Rule 1.2(d): Client Decisions, Scope of Representation, Crime/Fraud -
CORRECT ANSWER-A lawyer shall not counsel a client to engage, or assist a client, in
