MPRE Multiple Choice UPDATED
ACTUAL Exam Questions and CORRECT
Answers
1. A toy manufacturer was sue d by the parent of a child injured by one of its products. As the
manufacturers attorney was preparing to respond to a discovery request from the plaintiff, the
attorney found a document that was very damaging to his clients case. Prior to complying with
the discovery request and turning over the document, the attorney called his opposing counsel
and offered to settle the case. The attorney stated that although he believed his client was very
likely to wind a summary judgment motion, they would settle the case for a modest amount to
save the costs of litigation. In fact, the attorney believed his client had no chance of winning a
summary judgment motion and was also likely to lose at trial based on the document he had
found. The opposing counsel declined the attorney;s offer. The attorney turned over the
document and the case proceeded to trial, where judgment was awarded to the plaintif -
CORRECT ANSWER - C. Yes because the attorney's statement did not constitute statements
of fact. (Explanation. Pg 58 B 1) and 2)
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his
client's family physician and the client's only daughter to determine whether a guardian should
be appointed to monitor the client's finances. These were the only discussions the attorney had
ever had with either the physician or the daughter, In these discussions, the attorney revealed
confidential information about a bank account maintained by the client before learning that the
daughter and her mother were estranged because the daughter had stolen from the mother in the
past.
Was the attorney's revelation of the confidential information proper? - CORRECT
ANSWER - D) No because the attorney did not first determine whether ether the doctor or his
client's daughter might act adversely to his client's interest. (pg 32) b.
An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less
than progressive than he. The attorney accepted the case of a client whose claim was not
supported by law within the jurisdiction. If the client had been able to bring the claim in another
state, however, his claim would have likely have been successful. The attorney accepted the
claim despite his knowledge that the client would lose because he was confident that the media
attention would provide momentum for a change4 of the law. He notified the client of the
likelihood of losing, but the client wished to pursue the claim regardless.
, Is the attorney subject to discipline for bringing this suit? - CORRECT ANSWER - D) Yes,
because there is no basis of law in the jurisdiction to support the claim.
In representing a client in litigation involving a boundary dispute, an attorney, after consultation
with and approval by the client, employed a surveyor. The attorney, who had used and
compensated the surveyor in previous, similar situations for other clients, described the purpose
of the survey and the party she represented to the surveyor. The retainer agreement between the
attorney and the client specified that the client was responsible for the payment of all litigation
expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to
the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct
conversation with his neighbor, reached an agreement over the boundary between their
properties. The client paid the attorney her fee as agreed upon in the retainer agreement but
refused to pay the attorney for the costs of the survey.
Is the attorney like - CORRECT ANSWER - Ye because of the nature of the services rendered
by the surveyor.
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of the
defendant. The judge's niece was a salaried associate in the estate planning department of the law
firm representing the plaintiff. At the initial scheduling conference, the judge this relationship to
the parties. Subsequently, the judge also disclosed that a person listed by the plaintiff as a
material witness was his wife's nephew. Neither the niece nor the nephew resided in the judges
household. Neither party moved to disqualify the judge. Other than the disclosures made by the
judge, there were no grounds upon which the judges impartiality could be reasonably questioned.
Should the judge disqualify himself from presiding over this action? - CORRECT ANSWER -
Yes because of the judges familial relationship with the material witness
While using the copy machine a transactional associate overheard two summer interns talking in
the next room about a litigation associate in the firm. The interns, who did not see the
transactional associate or know he was there, discussed the litigation associate's behavior and
speculated that she had been drinking while at work. They said they believed that her drinking
had caused her to make several mistakes in active cases. The interns never mentioned the
litigation associate by name, but the transactional associate knew they primarily worked with one
attorney. He had never seen the litigation associate drinking and had always heard that her work
ACTUAL Exam Questions and CORRECT
Answers
1. A toy manufacturer was sue d by the parent of a child injured by one of its products. As the
manufacturers attorney was preparing to respond to a discovery request from the plaintiff, the
attorney found a document that was very damaging to his clients case. Prior to complying with
the discovery request and turning over the document, the attorney called his opposing counsel
and offered to settle the case. The attorney stated that although he believed his client was very
likely to wind a summary judgment motion, they would settle the case for a modest amount to
save the costs of litigation. In fact, the attorney believed his client had no chance of winning a
summary judgment motion and was also likely to lose at trial based on the document he had
found. The opposing counsel declined the attorney;s offer. The attorney turned over the
document and the case proceeded to trial, where judgment was awarded to the plaintif -
CORRECT ANSWER - C. Yes because the attorney's statement did not constitute statements
of fact. (Explanation. Pg 58 B 1) and 2)
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his
client's family physician and the client's only daughter to determine whether a guardian should
be appointed to monitor the client's finances. These were the only discussions the attorney had
ever had with either the physician or the daughter, In these discussions, the attorney revealed
confidential information about a bank account maintained by the client before learning that the
daughter and her mother were estranged because the daughter had stolen from the mother in the
past.
Was the attorney's revelation of the confidential information proper? - CORRECT
ANSWER - D) No because the attorney did not first determine whether ether the doctor or his
client's daughter might act adversely to his client's interest. (pg 32) b.
An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less
than progressive than he. The attorney accepted the case of a client whose claim was not
supported by law within the jurisdiction. If the client had been able to bring the claim in another
state, however, his claim would have likely have been successful. The attorney accepted the
claim despite his knowledge that the client would lose because he was confident that the media
attention would provide momentum for a change4 of the law. He notified the client of the
likelihood of losing, but the client wished to pursue the claim regardless.
, Is the attorney subject to discipline for bringing this suit? - CORRECT ANSWER - D) Yes,
because there is no basis of law in the jurisdiction to support the claim.
In representing a client in litigation involving a boundary dispute, an attorney, after consultation
with and approval by the client, employed a surveyor. The attorney, who had used and
compensated the surveyor in previous, similar situations for other clients, described the purpose
of the survey and the party she represented to the surveyor. The retainer agreement between the
attorney and the client specified that the client was responsible for the payment of all litigation
expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to
the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct
conversation with his neighbor, reached an agreement over the boundary between their
properties. The client paid the attorney her fee as agreed upon in the retainer agreement but
refused to pay the attorney for the costs of the survey.
Is the attorney like - CORRECT ANSWER - Ye because of the nature of the services rendered
by the surveyor.
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of the
defendant. The judge's niece was a salaried associate in the estate planning department of the law
firm representing the plaintiff. At the initial scheduling conference, the judge this relationship to
the parties. Subsequently, the judge also disclosed that a person listed by the plaintiff as a
material witness was his wife's nephew. Neither the niece nor the nephew resided in the judges
household. Neither party moved to disqualify the judge. Other than the disclosures made by the
judge, there were no grounds upon which the judges impartiality could be reasonably questioned.
Should the judge disqualify himself from presiding over this action? - CORRECT ANSWER -
Yes because of the judges familial relationship with the material witness
While using the copy machine a transactional associate overheard two summer interns talking in
the next room about a litigation associate in the firm. The interns, who did not see the
transactional associate or know he was there, discussed the litigation associate's behavior and
speculated that she had been drinking while at work. They said they believed that her drinking
had caused her to make several mistakes in active cases. The interns never mentioned the
litigation associate by name, but the transactional associate knew they primarily worked with one
attorney. He had never seen the litigation associate drinking and had always heard that her work
