Professional Responsibility (MPRE) Questions and
Answers
/. What is the main source of regulation of lawyers? - Answer-STATES COURTS
-ultimate power of regulating sits with the highest state court
-case law, rules of the court, and state statutes are used
/.Ethics Rules? - Answer--ABA Model Rules and Judicial Code
-most state adopted ethics rules patterned after the Model rules
-some states enacted some version of the Model Code of Judicial conduct
/.Bar Associations? - Answer--each state has one
-majority have integrated bars meaning that one MUST be a member to practice law in
the state
-Duties: administration of bar exams, provision of CLE and assistance with discipline
/.Legislature? - Answer-all state legislatures have enacted statutes governing some
aspects of legal practice
/.Federal AGencies regulation of lawyers? - Answer--can be binding in particular areas
such as tax
/.Federal System regulation of lawyers - Answer--each federal court has its own bar that
an attorney must belong to to practice before the court
-federal practice is goverened by federal statutes, case law, and court or agency rules
-Federal government attorneys are subject to state ethics laws and rules in each state
where they practice
/.Multi-State regulation? - Answer--lawyer is subject to regulation by each and every
state they are admitted to practice in
-getting sanctioned in one state may not mean sanctions in another, but the other state
bars should be notified and they may take action as they see fit
/.5 Requirements for Admission to the Bar - Answer-1. graduation from accredited
undergraduate university
2. graduation from ABA accredited law school
3. Passing score on the state's bar exam: MEE, MPT, MBE, MPRE
4. submission of an application for admission to the state's bar association
5. finding that the applicant is of good moral character and is fit for the practice of law
/.False Statement on Bar Application - Answer--applicant or lawyer must NOT knowingly
make a false statement of material fact on application
-subject to the 5th amendment and corresponding provisions of state constitution
,/.Failure to Disclose Information on Bar Application/disciplinary matter - Answer-
Applicant or lawyer must NOT:
1. fail to disclose a fact that is necessary to correct a misapprehesion known by the
applicant or lawyer to have arisen in the matter; OR
2. fail to respond to a lawful demand for information
-does NOT apply to information protected by the duty of confidentiality
/.What if an applicant wants to rely on the 5th amendment to avoid disclosing a fact on
an application? - Answer-Applicant MUST do so openly and not use the right of
nondisclosure as justification for failure to comply with the rule
-ex: "I am invoking my 5th amendment right in response to this question"
/.Can an applicant/lawyer be represented by a lawyer in application matters or
disciplinary proceedings? - Answer-YES. The relationship is governed by the client-
lawyer relationship
/.What is Character and Fitness? - Answer-Applicant must demonstrate that they are of
good moral character in order to be admitted to practice
-bar admissions are more likely to delay or deny admission for serious offenses
-applicant must be scrupulously honest in everything they report: do not lie or conceal
/.What if there is a question as to an applicant's character or fitness? - Answer--
Applicant may be asked to appear at a hearing before the admissions committee
-they will be afforded procedural due process rights
-applicant may be represented by counsel
/.What factors do the bar admissions comittee consider in character and fitness
evaluation? - Answer--candor and consistency
-patterns vs. single instances
-recent vs. long ago events
/.What is an applicant's relevant conduct for character and fitness evaluation? - Answer-
-all aspects of their past conduct is subject to review
-criminal conduct and other acts constituting moral turpitude are grounds for denial
-evidence of rehabilitation is considered
/.Can an applicant fail a character and fitness review due to membership in an
organization? - Answer-NO.
-membership to an organization such as communist party is insufficient to show lack of
moral character
-if there is evidence that the applicant advocated to overthrow the government, that is
different
/.Is there a citizenship/residency requirement for bar admission? - Answer-NO.
-no requirement that an applicant be a US citizen or a state citizen
,-such a requirement is unconstitutional
/.When is a lawyer subject to discipline for Professional Misconduct? - Answer-1.
violating or attempting to violate disciplinary rules
2. knowingly assisting or inducing another to violate a disciplinary rule (ex: client)
3. using the acts of another person to violate a rule
4. engaging in criminal conduct that shows dishonesty, untrustworthiness or unfitness to
practice law
5. engaging in any conduct involving dishonesty, fraud, deceit or misrepresentation
6. engaging in conduct that is prejudicial to the administration of justice
7. stating or implying an ability to improperly influence a government agency or official
to achieve results by means that violate law or ethics rules
8. Knowingly assisting a judge in illegal conduct or that violates Judicial code of conduct
9. engaging in conduct that is discrimintatory or harrasment
/.Can an attorney be disciplined for his private conduct? - Answer-YES.
-can be grounds for professional discipline if it reflects poorly on the lawyer's fitness to
practice law or the administration of justice
-ex: filing fraudulent tax returns
-a lawyer would NOT be professionally disciplined for adultery because it doesnt reflect
poorly on their ability to practice law
/.What if a lawyer does a minor offense but commits it multiple times? - Answer-a
pattern of repeated offenses, even of minor signifcance when considered separately,
CAN indicate indifference to a legal obligation and be grounds for discipline
-ex: a single traffic ticket is not a big deal but if the lawyer gets 5 in a month, that might
show an indifference to law and unfitness to practice
/.Can a lawyer be held liable for their client's actions? - Answer-YES.
-a lawyer may NOT counsel a client to engage in or assist a client in conduct that the
lawyer knows is criminal or fraudulent
/.How can a lawyer address a client's questions about a potential fraud or crime? -
Answer-lawyer may discuss the legal consequences of any proposed course of conduct
with a client
-may counsel or assist a client to make a good faith effort to determine the validity,
scope, meaning or application of the law
-ex: can tell client that a course of action would be punishable with jail time
-ex: may NOT counsel a client in how to perform an illegal action and avoid detection
/.Duty to Report (Rat Rule) - Answer-Lawyer is subject to discipline for failing to report a
disciplinary violation committed by another lawyer or judge that they KNOW of
/.ABA limitation on the duty to report? - Answer--lawyer is only required to report
misconduct that raises a SUBSTANTIAL question as to the lawyer's honesty,
trustworthiness, or fitness as a lawyer
, -ex: do not need to report that a partner in their firm in committing adultery
/.Do judges have a duty to report? - Answer-YES
/.Exceptions to the Duty to Report? - Answer-1. information that is protected by the duty
of confidentiality
2. information gained by a lawyer or judge while serving as a member of an approved
lawyer's assistance program
/.How does the disciplinary process begin? - Answer--Proceedings begin when a
complaint is filed with the state disciplinary authority
-complaint is first investigated by a paid staff attorney in the disciplinary office of most
state bar association
-if the complaint has no merit it will be dismissed
/.What is the next step of the process if a complaint is not dismissed after initial
investigation? - Answer--case is presented to a hearing committee
-accussed lawyer is entitled to procedural Due Process and may be represented by
counsel
-committee will hear evidence, make findings of fact, and recommend sanctions
/.Is a disciplinary decision reviewable? - Answer-YES.
-lawyer is entitled to review by the state's highest court or by a state judicial agency
/.What law is applied to a disciplinary hearing for misconduct related to a proceeding
that is pending before a tribunal? - Answer-the ethics rules of the jurisdiction in which
the tribunal sits will apply unless the tribunal rules say otherwise
-ex: lawyer is representing client in a case pending before TN court. Lawyer files a
fraudulent document in evidence in the proceeding. TN law will govern the disciplinary
hearing
/.What law governs disciplinary hearing for misconduct that does not relate to a
proceeding pending before a tribunal? - Answer--General Rule: rules of the jurisdiction
in which the conduct occurred will apply
-Exception: if the predominant effect of the conduct is in some other jurisdiction, that
jurisdiction's rules will apply
/.Can lawyers enter an advance agreement about the law that will apply in disciplinary
proceedings shall misconduct occur? - Answer-YES.
-lawyer and client may enter into an advanced written agreement specifying the
predominant effect jurisdiction
-must be entered into with informed consent
-the agreement will be considered in determining whether the lawyer reasonably
believed the jurisdiction's rules would apply, but it is not controlling
Answers
/. What is the main source of regulation of lawyers? - Answer-STATES COURTS
-ultimate power of regulating sits with the highest state court
-case law, rules of the court, and state statutes are used
/.Ethics Rules? - Answer--ABA Model Rules and Judicial Code
-most state adopted ethics rules patterned after the Model rules
-some states enacted some version of the Model Code of Judicial conduct
/.Bar Associations? - Answer--each state has one
-majority have integrated bars meaning that one MUST be a member to practice law in
the state
-Duties: administration of bar exams, provision of CLE and assistance with discipline
/.Legislature? - Answer-all state legislatures have enacted statutes governing some
aspects of legal practice
/.Federal AGencies regulation of lawyers? - Answer--can be binding in particular areas
such as tax
/.Federal System regulation of lawyers - Answer--each federal court has its own bar that
an attorney must belong to to practice before the court
-federal practice is goverened by federal statutes, case law, and court or agency rules
-Federal government attorneys are subject to state ethics laws and rules in each state
where they practice
/.Multi-State regulation? - Answer--lawyer is subject to regulation by each and every
state they are admitted to practice in
-getting sanctioned in one state may not mean sanctions in another, but the other state
bars should be notified and they may take action as they see fit
/.5 Requirements for Admission to the Bar - Answer-1. graduation from accredited
undergraduate university
2. graduation from ABA accredited law school
3. Passing score on the state's bar exam: MEE, MPT, MBE, MPRE
4. submission of an application for admission to the state's bar association
5. finding that the applicant is of good moral character and is fit for the practice of law
/.False Statement on Bar Application - Answer--applicant or lawyer must NOT knowingly
make a false statement of material fact on application
-subject to the 5th amendment and corresponding provisions of state constitution
,/.Failure to Disclose Information on Bar Application/disciplinary matter - Answer-
Applicant or lawyer must NOT:
1. fail to disclose a fact that is necessary to correct a misapprehesion known by the
applicant or lawyer to have arisen in the matter; OR
2. fail to respond to a lawful demand for information
-does NOT apply to information protected by the duty of confidentiality
/.What if an applicant wants to rely on the 5th amendment to avoid disclosing a fact on
an application? - Answer-Applicant MUST do so openly and not use the right of
nondisclosure as justification for failure to comply with the rule
-ex: "I am invoking my 5th amendment right in response to this question"
/.Can an applicant/lawyer be represented by a lawyer in application matters or
disciplinary proceedings? - Answer-YES. The relationship is governed by the client-
lawyer relationship
/.What is Character and Fitness? - Answer-Applicant must demonstrate that they are of
good moral character in order to be admitted to practice
-bar admissions are more likely to delay or deny admission for serious offenses
-applicant must be scrupulously honest in everything they report: do not lie or conceal
/.What if there is a question as to an applicant's character or fitness? - Answer--
Applicant may be asked to appear at a hearing before the admissions committee
-they will be afforded procedural due process rights
-applicant may be represented by counsel
/.What factors do the bar admissions comittee consider in character and fitness
evaluation? - Answer--candor and consistency
-patterns vs. single instances
-recent vs. long ago events
/.What is an applicant's relevant conduct for character and fitness evaluation? - Answer-
-all aspects of their past conduct is subject to review
-criminal conduct and other acts constituting moral turpitude are grounds for denial
-evidence of rehabilitation is considered
/.Can an applicant fail a character and fitness review due to membership in an
organization? - Answer-NO.
-membership to an organization such as communist party is insufficient to show lack of
moral character
-if there is evidence that the applicant advocated to overthrow the government, that is
different
/.Is there a citizenship/residency requirement for bar admission? - Answer-NO.
-no requirement that an applicant be a US citizen or a state citizen
,-such a requirement is unconstitutional
/.When is a lawyer subject to discipline for Professional Misconduct? - Answer-1.
violating or attempting to violate disciplinary rules
2. knowingly assisting or inducing another to violate a disciplinary rule (ex: client)
3. using the acts of another person to violate a rule
4. engaging in criminal conduct that shows dishonesty, untrustworthiness or unfitness to
practice law
5. engaging in any conduct involving dishonesty, fraud, deceit or misrepresentation
6. engaging in conduct that is prejudicial to the administration of justice
7. stating or implying an ability to improperly influence a government agency or official
to achieve results by means that violate law or ethics rules
8. Knowingly assisting a judge in illegal conduct or that violates Judicial code of conduct
9. engaging in conduct that is discrimintatory or harrasment
/.Can an attorney be disciplined for his private conduct? - Answer-YES.
-can be grounds for professional discipline if it reflects poorly on the lawyer's fitness to
practice law or the administration of justice
-ex: filing fraudulent tax returns
-a lawyer would NOT be professionally disciplined for adultery because it doesnt reflect
poorly on their ability to practice law
/.What if a lawyer does a minor offense but commits it multiple times? - Answer-a
pattern of repeated offenses, even of minor signifcance when considered separately,
CAN indicate indifference to a legal obligation and be grounds for discipline
-ex: a single traffic ticket is not a big deal but if the lawyer gets 5 in a month, that might
show an indifference to law and unfitness to practice
/.Can a lawyer be held liable for their client's actions? - Answer-YES.
-a lawyer may NOT counsel a client to engage in or assist a client in conduct that the
lawyer knows is criminal or fraudulent
/.How can a lawyer address a client's questions about a potential fraud or crime? -
Answer-lawyer may discuss the legal consequences of any proposed course of conduct
with a client
-may counsel or assist a client to make a good faith effort to determine the validity,
scope, meaning or application of the law
-ex: can tell client that a course of action would be punishable with jail time
-ex: may NOT counsel a client in how to perform an illegal action and avoid detection
/.Duty to Report (Rat Rule) - Answer-Lawyer is subject to discipline for failing to report a
disciplinary violation committed by another lawyer or judge that they KNOW of
/.ABA limitation on the duty to report? - Answer--lawyer is only required to report
misconduct that raises a SUBSTANTIAL question as to the lawyer's honesty,
trustworthiness, or fitness as a lawyer
, -ex: do not need to report that a partner in their firm in committing adultery
/.Do judges have a duty to report? - Answer-YES
/.Exceptions to the Duty to Report? - Answer-1. information that is protected by the duty
of confidentiality
2. information gained by a lawyer or judge while serving as a member of an approved
lawyer's assistance program
/.How does the disciplinary process begin? - Answer--Proceedings begin when a
complaint is filed with the state disciplinary authority
-complaint is first investigated by a paid staff attorney in the disciplinary office of most
state bar association
-if the complaint has no merit it will be dismissed
/.What is the next step of the process if a complaint is not dismissed after initial
investigation? - Answer--case is presented to a hearing committee
-accussed lawyer is entitled to procedural Due Process and may be represented by
counsel
-committee will hear evidence, make findings of fact, and recommend sanctions
/.Is a disciplinary decision reviewable? - Answer-YES.
-lawyer is entitled to review by the state's highest court or by a state judicial agency
/.What law is applied to a disciplinary hearing for misconduct related to a proceeding
that is pending before a tribunal? - Answer-the ethics rules of the jurisdiction in which
the tribunal sits will apply unless the tribunal rules say otherwise
-ex: lawyer is representing client in a case pending before TN court. Lawyer files a
fraudulent document in evidence in the proceeding. TN law will govern the disciplinary
hearing
/.What law governs disciplinary hearing for misconduct that does not relate to a
proceeding pending before a tribunal? - Answer--General Rule: rules of the jurisdiction
in which the conduct occurred will apply
-Exception: if the predominant effect of the conduct is in some other jurisdiction, that
jurisdiction's rules will apply
/.Can lawyers enter an advance agreement about the law that will apply in disciplinary
proceedings shall misconduct occur? - Answer-YES.
-lawyer and client may enter into an advanced written agreement specifying the
predominant effect jurisdiction
-must be entered into with informed consent
-the agreement will be considered in determining whether the lawyer reasonably
believed the jurisdiction's rules would apply, but it is not controlling
