MPRE PART II: THE CLIENT-
LAWYER RELATIONSHIP EXAM
2025 QUESTIONS AND ANSWERS
What law governs the attorney client relationship? - ....ANSWER ...-Contract. The
terms of this contract are generally implied by custom, but for the most part can be
varied by mutual agreement.
What contractual between a lawyer and her client relationship is implied? -
....ANSWER ...-Both a fiduciary and agent relationship.
How can a lawyer-client relationship be formed? (3 ways) - ....ANSWER ...-1.
Express Agreement
2. Implied Agreement
3. Appointment by court
When MUST a lawyer refuse employment? (5 situations) - ....ANSWER ...-1. The
client's motive is harassment
2. If the lawyer is forced to take a position that is factually or legally frivolous
3. The lawyer is not competent (e.g. inexperiences or busy)
4. If the lawyer has strong personal feelings about a case that would impair her ability to
effectively represent the client
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
, 5. If the lawyer has an impaired mental or physical condition that would materially
impair her ability to represent her client
When is a position NOT frivolous? - ....ANSWER ...-When the lawyer can make a
good faith argument that the facts are as claimed or that the law is frivolous.
NOTE**A position is not frivolous just because a lawyer does not have all the facts at
the outset
What duties does a lawyer owe a prospective client? (mandatory) (3) -
....ANSWER ...-1. A duty to protect confidential information (includes refusing to
represent clients in the same or related matter if the confidential information would be
harmful to the prospective client)
2. A duty to protect any property the prospective client has given the lawyer
3. A duty to use reasonable care in giving the person any legal advice (e.g. whether the
claim has merit, COI, when the action must be commenced)
What are the types of attorney's fees? - ....ANSWER ...-- Hourly
-Flat
-Contingency
**Note fees can be in the form of non-monetary property
What communications MUST a lawyer make to her clients with regard to fee
agreements? - ....ANSWER ...-1. The basis of the fee
2. The rate
3. The expenses for which the client is responsible
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
LAWYER RELATIONSHIP EXAM
2025 QUESTIONS AND ANSWERS
What law governs the attorney client relationship? - ....ANSWER ...-Contract. The
terms of this contract are generally implied by custom, but for the most part can be
varied by mutual agreement.
What contractual between a lawyer and her client relationship is implied? -
....ANSWER ...-Both a fiduciary and agent relationship.
How can a lawyer-client relationship be formed? (3 ways) - ....ANSWER ...-1.
Express Agreement
2. Implied Agreement
3. Appointment by court
When MUST a lawyer refuse employment? (5 situations) - ....ANSWER ...-1. The
client's motive is harassment
2. If the lawyer is forced to take a position that is factually or legally frivolous
3. The lawyer is not competent (e.g. inexperiences or busy)
4. If the lawyer has strong personal feelings about a case that would impair her ability to
effectively represent the client
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
, 5. If the lawyer has an impaired mental or physical condition that would materially
impair her ability to represent her client
When is a position NOT frivolous? - ....ANSWER ...-When the lawyer can make a
good faith argument that the facts are as claimed or that the law is frivolous.
NOTE**A position is not frivolous just because a lawyer does not have all the facts at
the outset
What duties does a lawyer owe a prospective client? (mandatory) (3) -
....ANSWER ...-1. A duty to protect confidential information (includes refusing to
represent clients in the same or related matter if the confidential information would be
harmful to the prospective client)
2. A duty to protect any property the prospective client has given the lawyer
3. A duty to use reasonable care in giving the person any legal advice (e.g. whether the
claim has merit, COI, when the action must be commenced)
What are the types of attorney's fees? - ....ANSWER ...-- Hourly
-Flat
-Contingency
**Note fees can be in the form of non-monetary property
What communications MUST a lawyer make to her clients with regard to fee
agreements? - ....ANSWER ...-1. The basis of the fee
2. The rate
3. The expenses for which the client is responsible
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
