BARBRI MPRE ACTUAL Exam Questions
and CORRECT Answers
Sources of Legal Profession Regulation - CORRECT ANSWER - ABA RPC
Courts
Courts Regulation of Legal Profession - CORRECT ANSWER - States' highest courts have
inherent power to regulate lawyers and adopt ethical rules.
Supreme Court can impose rational requirements on admission: Examples ? - CORRECT
ANSWER - Rational:
- Graduation from ABA Accredited Law School
-Must take Oath to state/federal constitutions
- Good moral character including "moral turpitude" and bar inquiry"
Supreme Court can impose rational requirements on admission: Nonrational examples? -
CORRECT ANSWER - US Citizenship
Residency in the State
Being in/belonging to a particular group (ideology driven)
Regarding character investigations, an applicant or lawyer recommending an applicant must not:
- CORRECT ANSWER - 1) Make a false statement of material fact;
2) Fail to respond to a lawful demand for information (duty to cooperate)
3) Fail to disclose any fact necessary to correct a misapprehension
Regarding character investigations, an applicant or lawyer is not required to - CORRECT
ANSWER - disclose any information otherwise protected by the duty of confidentiliality
Duty of a lawyer to report professional misconduct by lawyers - CORRECT ANSWER - A
lawyer who KNOWS another lawyer has violated RPC or laws that raise a substanital q about
,lawyer's honesty, trustworthiness, or ability to practice MUST report unless DoC applies or
approved lawyer's assistance program
Duty of lawyers to report professional misconduct by judges - CORRECT ANSWER - Same
as duty to report other lawyers
Lawyer subject to discipline for crime if - CORRECT ANSWER - crime relevant to some
aspect of practicing law (dishonesty and serious violence)
Any _ is grounds for discipline, even in business - CORRECT ANSWER - fraud, dishonesty,
misrepresentation, or deceit
In conduct ____, lawyers must not harass or discriminate on basis of race, sex, religion, national
origin, ethnicity, age, sexual orientation, gender identity, marital status, or socioeonomic status -
CORRECT ANSWER - related to practice of law
Rule against discrimination does not affect lawyers' ability - CORRECT ANSWER - a) to
accept or decline a case
b) does not preclude "legitimate advice or advocacy"
Rule against discrimination __ affect lawyers' efforts to promote diversity - CORRECT
ANSWER - does not
Any state in which lawyer is admitted has power to discipline the lawyer... - CORRECT
ANSWER - regardless of where the misconduct occurred
A lawyer not admitted in a state is also subject to its jurisdiction if - CORRECT ANSWER -
lawyer renders or offers any legal services in the state
choice of law in conduct in connection with litigation pending before a court - CORRECT
ANSWER - rules of jurisdiction in which court sits govern the lawyer's conduct
,for other conduct, choice of law: - CORRECT ANSWER - rules of jurisdiction in which
lawyer's conduct occurred (or where predominant effect of the conduct occurred)
Following activities require license and are "practice of law" - CORRECT ANSWER - 1)
judicial proceedings and depositions
2) contracts
3) negotiating settlements
following are not "practice of law" and do not requrie a license - CORRECT ANSWER -
interviewing people
filling in forms
writing legal memos
Can you practice in jurisdictions in which you aren't admitted? - CORRECT ANSWER - no,
cannot
Permissible temporary multijurisdictional practice - CORRECT ANSWER - a) Associate with
an active local lawyer
b) Special permission called pro hac vice; (just that matter)
c) Mediation or arbitration out of home-state practice
d) anything reasonably related to home-state practice (e.g. real estate site visit for deal)
Permissible permanent multi-jurisdictional practice - CORRECT ANSWER - Lawyer
employed by only client (in-house counsel or government)
Nature of Client-Lawyer Relationship - CORRECT ANSWER - Consensual; no duty to
accept clients
must have express intent of parties
, Exceptions to express intent for client-lawyer relationship - CORRECT ANSWER - 1) Client
manifests intention that lawyer represent him
2) lawyer fails to clearly decline (implied assent)
AND
3) lawyer knows that client reasonably relying on person for services (reasonable reliance)
or
Tribunal appointment
Reason to avoid appointment by tribunal - CORRECT ANSWER - Must not except for good
cause such as:
-cause violation of law or RPC
- unreasonable financial burden
-personal feelings render lawyer unable to represent client effectively
-no competence
A lawyer may reasonably limit the scope of the representation if the client gives - CORRECT
ANSWER - informed consent
Duty to reject certain cases - CORRECT ANSWER - 1) client motive is harassment
2) unsupportable factual or legal position
3) lawyer not competent
4) strong personal feelings
5) impaired mental or physical condition
Unsupportable factual or legal position - CORRECT ANSWER - Factually or legally
frivolous
and CORRECT Answers
Sources of Legal Profession Regulation - CORRECT ANSWER - ABA RPC
Courts
Courts Regulation of Legal Profession - CORRECT ANSWER - States' highest courts have
inherent power to regulate lawyers and adopt ethical rules.
Supreme Court can impose rational requirements on admission: Examples ? - CORRECT
ANSWER - Rational:
- Graduation from ABA Accredited Law School
-Must take Oath to state/federal constitutions
- Good moral character including "moral turpitude" and bar inquiry"
Supreme Court can impose rational requirements on admission: Nonrational examples? -
CORRECT ANSWER - US Citizenship
Residency in the State
Being in/belonging to a particular group (ideology driven)
Regarding character investigations, an applicant or lawyer recommending an applicant must not:
- CORRECT ANSWER - 1) Make a false statement of material fact;
2) Fail to respond to a lawful demand for information (duty to cooperate)
3) Fail to disclose any fact necessary to correct a misapprehension
Regarding character investigations, an applicant or lawyer is not required to - CORRECT
ANSWER - disclose any information otherwise protected by the duty of confidentiliality
Duty of a lawyer to report professional misconduct by lawyers - CORRECT ANSWER - A
lawyer who KNOWS another lawyer has violated RPC or laws that raise a substanital q about
,lawyer's honesty, trustworthiness, or ability to practice MUST report unless DoC applies or
approved lawyer's assistance program
Duty of lawyers to report professional misconduct by judges - CORRECT ANSWER - Same
as duty to report other lawyers
Lawyer subject to discipline for crime if - CORRECT ANSWER - crime relevant to some
aspect of practicing law (dishonesty and serious violence)
Any _ is grounds for discipline, even in business - CORRECT ANSWER - fraud, dishonesty,
misrepresentation, or deceit
In conduct ____, lawyers must not harass or discriminate on basis of race, sex, religion, national
origin, ethnicity, age, sexual orientation, gender identity, marital status, or socioeonomic status -
CORRECT ANSWER - related to practice of law
Rule against discrimination does not affect lawyers' ability - CORRECT ANSWER - a) to
accept or decline a case
b) does not preclude "legitimate advice or advocacy"
Rule against discrimination __ affect lawyers' efforts to promote diversity - CORRECT
ANSWER - does not
Any state in which lawyer is admitted has power to discipline the lawyer... - CORRECT
ANSWER - regardless of where the misconduct occurred
A lawyer not admitted in a state is also subject to its jurisdiction if - CORRECT ANSWER -
lawyer renders or offers any legal services in the state
choice of law in conduct in connection with litigation pending before a court - CORRECT
ANSWER - rules of jurisdiction in which court sits govern the lawyer's conduct
,for other conduct, choice of law: - CORRECT ANSWER - rules of jurisdiction in which
lawyer's conduct occurred (or where predominant effect of the conduct occurred)
Following activities require license and are "practice of law" - CORRECT ANSWER - 1)
judicial proceedings and depositions
2) contracts
3) negotiating settlements
following are not "practice of law" and do not requrie a license - CORRECT ANSWER -
interviewing people
filling in forms
writing legal memos
Can you practice in jurisdictions in which you aren't admitted? - CORRECT ANSWER - no,
cannot
Permissible temporary multijurisdictional practice - CORRECT ANSWER - a) Associate with
an active local lawyer
b) Special permission called pro hac vice; (just that matter)
c) Mediation or arbitration out of home-state practice
d) anything reasonably related to home-state practice (e.g. real estate site visit for deal)
Permissible permanent multi-jurisdictional practice - CORRECT ANSWER - Lawyer
employed by only client (in-house counsel or government)
Nature of Client-Lawyer Relationship - CORRECT ANSWER - Consensual; no duty to
accept clients
must have express intent of parties
, Exceptions to express intent for client-lawyer relationship - CORRECT ANSWER - 1) Client
manifests intention that lawyer represent him
2) lawyer fails to clearly decline (implied assent)
AND
3) lawyer knows that client reasonably relying on person for services (reasonable reliance)
or
Tribunal appointment
Reason to avoid appointment by tribunal - CORRECT ANSWER - Must not except for good
cause such as:
-cause violation of law or RPC
- unreasonable financial burden
-personal feelings render lawyer unable to represent client effectively
-no competence
A lawyer may reasonably limit the scope of the representation if the client gives - CORRECT
ANSWER - informed consent
Duty to reject certain cases - CORRECT ANSWER - 1) client motive is harassment
2) unsupportable factual or legal position
3) lawyer not competent
4) strong personal feelings
5) impaired mental or physical condition
Unsupportable factual or legal position - CORRECT ANSWER - Factually or legally
frivolous
