Professional Responsibility (MPRE) Exam Questions and Answers Solved Correctly
Contingent fees not allowed in (2) types of cases - Answers 1. Domestic relations cases
2. Criminal cases
What happens if an attorney in a contingent-fee case is fired before the case is tried or settled? Can he
get paid anything? - Answers Yes, he can get paid in proportion to the work he did
Attorney fees must be reasonable taking into account... (6) things*
* 1 new! - Answers Novelty
Difficulty
Skill and time required
Experience of and other demands on the attorney
Result obtained
Not excessive relative to work done (i.e., not $500 million)
Double billing
(example and rule) - Answers Ex: spending two hours working on something for two clients but charging
each of them two hours (4 hours total)
Rule: Unreasonable and dishonest
Fee Splitting
1. Rule for splitting w/ lawyers in your firm
2. Rule for splitting w/ lawyers outside your firm
*UPDATED* - Answers 1. OK to split fees w/ lawyers in your firm.
,2. OK to split fees with w/ lawyers outside your firm if:
a. Total fee is ethical
b. Division must proportional to work done
c. Written disclosure (of fee division) and client consent
Can you split fees with non lawyers? - Answers Generally, no.
(3) Exceptions to splitting fees w/ non lawyers - Answers 1. Death benefits paid to a deceased lawyer's
heirs for his work
2. Salaries paid to non-lawyer employees
3. Sharing of court-awarded legal fees with a non-profit organization that employed or recommended
the lawyer.
Nonlaywers as partners in a law firm
(1) rule - Answers Can't do it.
Nonlawyers cannot be partners, shareholders, officers, or control or direct your professional judgment.
Reciprocal referrals with other professionals
*UPDATED* - Answers OK if they are not
1. exclusive,
2. you explain the arrangement to the client,
3. they're not infinite in duration
, Duty to safeguard client's property
(2) requirements - Answers 1. Label it
2. Store it in a safe place
Money held for the client must go into... - Answers Client trust account
Money held for the client includes (at least 2 things) - Answers 1. Money received on his behalf
2. Advances for costs, expenses and unearned fees
Money held for the client must never be... - Answers Commingled w/ lawyer's personal money
Lawyer may never ___________ money from client's trust account - Answers Borrow
Paying third parties using client funds
(1) rule - Answers Requires client consent
4 randoms duties RE: client funds - Answers Must:
1. Keep individual client ledgers
2. Render accountings
3. Notify your client of moneys received on his behalf
4. Pay promptly money due to him
Duty of competence
(competence defined) - Answers Using the legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation.
Can you take a case when you don't know the relevant law? - Answers Only if:
1. You can learn the law without undue expense or delay.
Contingent fees not allowed in (2) types of cases - Answers 1. Domestic relations cases
2. Criminal cases
What happens if an attorney in a contingent-fee case is fired before the case is tried or settled? Can he
get paid anything? - Answers Yes, he can get paid in proportion to the work he did
Attorney fees must be reasonable taking into account... (6) things*
* 1 new! - Answers Novelty
Difficulty
Skill and time required
Experience of and other demands on the attorney
Result obtained
Not excessive relative to work done (i.e., not $500 million)
Double billing
(example and rule) - Answers Ex: spending two hours working on something for two clients but charging
each of them two hours (4 hours total)
Rule: Unreasonable and dishonest
Fee Splitting
1. Rule for splitting w/ lawyers in your firm
2. Rule for splitting w/ lawyers outside your firm
*UPDATED* - Answers 1. OK to split fees w/ lawyers in your firm.
,2. OK to split fees with w/ lawyers outside your firm if:
a. Total fee is ethical
b. Division must proportional to work done
c. Written disclosure (of fee division) and client consent
Can you split fees with non lawyers? - Answers Generally, no.
(3) Exceptions to splitting fees w/ non lawyers - Answers 1. Death benefits paid to a deceased lawyer's
heirs for his work
2. Salaries paid to non-lawyer employees
3. Sharing of court-awarded legal fees with a non-profit organization that employed or recommended
the lawyer.
Nonlaywers as partners in a law firm
(1) rule - Answers Can't do it.
Nonlawyers cannot be partners, shareholders, officers, or control or direct your professional judgment.
Reciprocal referrals with other professionals
*UPDATED* - Answers OK if they are not
1. exclusive,
2. you explain the arrangement to the client,
3. they're not infinite in duration
, Duty to safeguard client's property
(2) requirements - Answers 1. Label it
2. Store it in a safe place
Money held for the client must go into... - Answers Client trust account
Money held for the client includes (at least 2 things) - Answers 1. Money received on his behalf
2. Advances for costs, expenses and unearned fees
Money held for the client must never be... - Answers Commingled w/ lawyer's personal money
Lawyer may never ___________ money from client's trust account - Answers Borrow
Paying third parties using client funds
(1) rule - Answers Requires client consent
4 randoms duties RE: client funds - Answers Must:
1. Keep individual client ledgers
2. Render accountings
3. Notify your client of moneys received on his behalf
4. Pay promptly money due to him
Duty of competence
(competence defined) - Answers Using the legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation.
Can you take a case when you don't know the relevant law? - Answers Only if:
1. You can learn the law without undue expense or delay.
