Professional Responsibility (MPRE) Questions and
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/ Describe a fiduciary duty. - Answer-putting the client's interests before the lawyers
/.Describe the duty of loyalty/communication. - Answer-knowing who the client is and
being loyal to them and their interests
/.Describe the duty of confidentiality. - Answer-clients must feel secure to tell the lawyer
absolutely everything
/.Describe the duty of candor. - Answer-lawyers are obligated to inform clients of the
good and the bad
/.Describe Model Rule 1.1: Competence - Answer-A lawyer shall provide competent
representation to a client.
/.Under Model Rule 1.1, what does competent representation require? - Answer-the
legal knowledge, skill, thoroughness and preparation reasonably necessary for the
representation.
/.Describe Model Rule 1.3: Diligence - Answer-a lawyer shall act with reasonable
diligence and promptness in representing a client
/.Describe Model Rule 2.1: Advisor - 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 - 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 - 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 __________. - 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 - 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 -
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 - 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 -
Answer-A lawyer shall not counsel a client to engage, or assist a client, in conduct that
the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal
consequences of any proposed course of conduct with a client and may counsel or
assist a client to make a good faith effort to determine the validity, scope, meaning or
application of the law.
/.Under Model Rule 1.4: Communications, a lawyer shall: - Answer-(1) promptly inform
the client of any decision or circumstance with respect to which the client's informed
consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult
with the client about the means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter; (4) promptly
comply with reasonable requests for information; and (5) consult with the client about
any relevant limitation on the lawyer's conduct when the lawyer knows that the client
expects assistance not permitted by the Rules of Professional Conduct or other law.
, /.Under Model Rule 1.4: Communications, a lawyer shall explain a matter to the extent
_______. - Answer-reasonably necessary to permit the client to make informed
decisions regarding the representation.
/.Define Model Rule 4.2: Communication with Person Represented by Counsel -
Answer-In representing a client, a lawyer shall not communicate about the subject of the
representation with a person the lawyer knows to be represented by another lawyer in
the matter, unless the lawyer has the consent of the other lawyer or is authorized to do
so by law or a court order.
/.Define Model Rule 4.3: Dealing with Unrepresented Person - Answer-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. When the lawyer knows or reasonably
should know that the unrepresented person misunderstands the lawyer's role in the
matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The
lawyer shall not give legal advice to an unrepresented person, other than the advice to
secure counsel, if the lawyer knows or reasonably should know that the interests of
such a person are or have a reasonable possibility of being in conflict with the interests
of the client.
/.Under Model Rule 1.14(a): Diminished Capacity, when the lawyer reasonably believes
that the client has diminished capacity, is at risk of substantial physical, financial or
other harm unless action is taken and cannot adequately act in the client's own interest,
the lawyer may _____. - Answer-take reasonably necessary protective action, including
consulting with individuals or entities that have the ability to take action to protect the
client and, in appropriate cases, seeking the appointment of a guardian ad litem,
conservator or guardian.
/.How does Rule 1.6 protect information relating to the representation of a client with
diminished capacity? - Answer-Such information is protects by Rule 1.6. When taking
protective action pursuant to paragraph (b), the lawyer is impliedly authorized under
Rule 1.6(a) to reveal information about the client, but only to the extent reasonably
necessary to protect the client's interests.
/.What are the 5 Common Law elements of Attorney Client Privilege? - 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)? -
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
______. - Answer-confidential/confidentiality
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Update
/ Describe a fiduciary duty. - Answer-putting the client's interests before the lawyers
/.Describe the duty of loyalty/communication. - Answer-knowing who the client is and
being loyal to them and their interests
/.Describe the duty of confidentiality. - Answer-clients must feel secure to tell the lawyer
absolutely everything
/.Describe the duty of candor. - Answer-lawyers are obligated to inform clients of the
good and the bad
/.Describe Model Rule 1.1: Competence - Answer-A lawyer shall provide competent
representation to a client.
/.Under Model Rule 1.1, what does competent representation require? - Answer-the
legal knowledge, skill, thoroughness and preparation reasonably necessary for the
representation.
/.Describe Model Rule 1.3: Diligence - Answer-a lawyer shall act with reasonable
diligence and promptness in representing a client
/.Describe Model Rule 2.1: Advisor - 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 - 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 - 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 __________. - 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 - 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 -
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 - 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 -
Answer-A lawyer shall not counsel a client to engage, or assist a client, in conduct that
the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal
consequences of any proposed course of conduct with a client and may counsel or
assist a client to make a good faith effort to determine the validity, scope, meaning or
application of the law.
/.Under Model Rule 1.4: Communications, a lawyer shall: - Answer-(1) promptly inform
the client of any decision or circumstance with respect to which the client's informed
consent, as defined in Rule 1.0(e), is required by these Rules; (2) reasonably consult
with the client about the means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter; (4) promptly
comply with reasonable requests for information; and (5) consult with the client about
any relevant limitation on the lawyer's conduct when the lawyer knows that the client
expects assistance not permitted by the Rules of Professional Conduct or other law.
, /.Under Model Rule 1.4: Communications, a lawyer shall explain a matter to the extent
_______. - Answer-reasonably necessary to permit the client to make informed
decisions regarding the representation.
/.Define Model Rule 4.2: Communication with Person Represented by Counsel -
Answer-In representing a client, a lawyer shall not communicate about the subject of the
representation with a person the lawyer knows to be represented by another lawyer in
the matter, unless the lawyer has the consent of the other lawyer or is authorized to do
so by law or a court order.
/.Define Model Rule 4.3: Dealing with Unrepresented Person - Answer-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. When the lawyer knows or reasonably
should know that the unrepresented person misunderstands the lawyer's role in the
matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The
lawyer shall not give legal advice to an unrepresented person, other than the advice to
secure counsel, if the lawyer knows or reasonably should know that the interests of
such a person are or have a reasonable possibility of being in conflict with the interests
of the client.
/.Under Model Rule 1.14(a): Diminished Capacity, when the lawyer reasonably believes
that the client has diminished capacity, is at risk of substantial physical, financial or
other harm unless action is taken and cannot adequately act in the client's own interest,
the lawyer may _____. - Answer-take reasonably necessary protective action, including
consulting with individuals or entities that have the ability to take action to protect the
client and, in appropriate cases, seeking the appointment of a guardian ad litem,
conservator or guardian.
/.How does Rule 1.6 protect information relating to the representation of a client with
diminished capacity? - Answer-Such information is protects by Rule 1.6. When taking
protective action pursuant to paragraph (b), the lawyer is impliedly authorized under
Rule 1.6(a) to reveal information about the client, but only to the extent reasonably
necessary to protect the client's interests.
/.What are the 5 Common Law elements of Attorney Client Privilege? - 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)? -
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
______. - Answer-confidential/confidentiality
