MPRE UPDATED Exam Questions and
CORRECT Answers
01.Confidentiality
The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be
called as a witness or otherwise required to produce evidence concerning a client. - CORRECT
ANSWER - When does the attorney-client privilege apply?~
01.Confidentiality
For a communication to be protected by the attorney-client privilege, it must be - CORRECT
ANSWER - intended to be confidential
01.Confidentiality
The attorney-client privilege does not extend to information obtained by a lawyer from witnesses
or third parties unless - CORRECT ANSWER - those witnesses or third parties are
representatives of the client
01.Confidentiality
The attorney-client privilege continues indefinitely, unless - CORRECT ANSWER - waived
by the client
01.Confidentiality
The attorney-client privilege does not arise when the purpose of the communication is -
CORRECT ANSWER - to plan or perpetrate a future crime or fraudulent act
01.Confidentiality
When more than one client consults with a lawyer regarding a common legal problem,
statements made among the clients and lawyer are privileged, except where - CORRECT
ANSWER - a later dispute arises between the clients
any records of statements or interviews, and other tangible items prepared in anticipation of
litigation
,01.Confidentiality
Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing
that - CORRECT ANSWER - The work product doctrine generally protects from discovery
01.Confidentiality
Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing
that - CORRECT ANSWER - the party seeking discovery has substantial need of the
materials in the preparation of the case and is unable to obtain their substantial equivalent
without undue hardship
01.Confidentiality
Even if disclosure of work product is ordered, documents reflecting the lawyer's mental
impressions, conclusions, opinions, or legal theories are not discoverable without - CORRECT
ANSWER - some exceptional circumstance requiring their production
01.Confidentiality
What communications are protected by the duty of comfidentiality? - CORRECT ANSWER -
Confidential communications protected by the attorney-client privilege plus all information
relating to the representation of a client from any source, including information from parties and
information acquired before the lawyer was retained
01.Confidentiality
A lawyer cannot reveal information relating to the representation of a client unless - CORRECT
ANSWER - the client gives informed consent or the disclosure is impliedly authorized in
order to carry out the representation
01.Confidentiality
Name 6 exceptions to the duty of confidentiality. - CORRECT ANSWER - (1) to prevent
reasonably certain death or substantial bodily harm; (2) when a client used or is using the
lawyer's services in furtherance of a crime or fraud, a lawyer may disclose information to
prevent, mitigate, or rectify substantial injury to the financial interests or property of another; (3)
to obtain legal advice about the lawyer's compliance with the Rules; (4) to detect and resolve
,conflicts of interest that arise from a lawyer's change of employment or from changes in the
composition of a lawyer's firm but only if disclosing the information would not prejudice the
client or compromise the attorney-client privilege; (5) to protect the lawyer's ability to assert
claims and defenses on his own behalf; or (6) to comply with the law or a court order.
01.Confidentiality
The inadvertent disclosure of information relating to the representation of a client does not
constitute a violation of the Rules if - CORRECT ANSWER - the lawyer has made reasonable
efforts to prevent the access or disclosure
01.Confidentiality
A lawyer who has formerly represented a client, or whose present or former firm has formerly
represented a client, in a matter must not thereafter use or reveal confidential information
relating to the representation of the former client, unless - CORRECT ANSWER - the former
client consents after consultation
02.Client-Lawyer Relationship
The client decides the objectives of the representation. These may include: - CORRECT
ANSWER - (1) in a civil case, whether to settle the matter; and (2) in a criminal case (after
consulting with the lawyer), whether to enter a plea, whether to waive a jury trial, and whether
the client will testify.
02.Client-Lawyer Relationship
The lawyer ordinarily has the right to determine the technical and legal tactical means by which
the objectives of the relationship will be pursued, but he has the obligation to - CORRECT
ANSWER - consult with the client concerning those means
02.Client-Lawyer Relationship
If resolution efforts are unavailing and the lawyer has a fundamental disagreement with the
client: - CORRECT ANSWER - - the lawyer may withdraw from the representation, or - the
client may resolve the disagreement by discharging the lawyer.
02.Client-Lawyer Relationship
, A lawyer may limit the scope of the representation if - CORRECT ANSWER - the limitation
is reasonable under the circumstances and the client gives informed consent
02.Client-Lawyer Relationship
A lawyer shall not assist or counsel a client to engage in conduct that - CORRECT
ANSWER - the lawyer knows is criminal or fraudulent
02.Client-Lawyer Relationship
The fact that the client uses the lawyer's advice in a criminal or fraudulent course of conduct
does not make the lawyer a party to the course of action, as long as - CORRECT ANSWER -
the lawyer has not assisted the client in committing the crime or fraud
02.Client-Lawyer Relationship
Factors to consider in determining whether a fee is reasonable include: - CORRECT
ANSWER - (1) the time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly; (2) the likelihood that
acceptance of this representation will preclude the lawyer from accepting other employment;
(3) the customary fee in the locale for this kind of work;
(4) the amount involved and results obtained;
(5) the time limitations imposed by the client or by the circumstances; (6) the nature and length
of the professional relationship with the client; (7) the lawyer's experience, reputation, and
ability; and (8) whether the fee is fixed or contingent.
02.Client-Lawyer Relationship
A contingent fee agreement must be in writing and must state: - CORRECT ANSWER - (1)
the method by which the fee is to be determined;
(2) the expenses and costs to be deducted from the recovery and whether such expenses are to be
deducted before or after the calculation of the fee; and
(3) the expenses for which the client will be liable whether or not the client is the prevailing
party
02.Client-Lawyer Relationship
CORRECT Answers
01.Confidentiality
The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be
called as a witness or otherwise required to produce evidence concerning a client. - CORRECT
ANSWER - When does the attorney-client privilege apply?~
01.Confidentiality
For a communication to be protected by the attorney-client privilege, it must be - CORRECT
ANSWER - intended to be confidential
01.Confidentiality
The attorney-client privilege does not extend to information obtained by a lawyer from witnesses
or third parties unless - CORRECT ANSWER - those witnesses or third parties are
representatives of the client
01.Confidentiality
The attorney-client privilege continues indefinitely, unless - CORRECT ANSWER - waived
by the client
01.Confidentiality
The attorney-client privilege does not arise when the purpose of the communication is -
CORRECT ANSWER - to plan or perpetrate a future crime or fraudulent act
01.Confidentiality
When more than one client consults with a lawyer regarding a common legal problem,
statements made among the clients and lawyer are privileged, except where - CORRECT
ANSWER - a later dispute arises between the clients
any records of statements or interviews, and other tangible items prepared in anticipation of
litigation
,01.Confidentiality
Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing
that - CORRECT ANSWER - The work product doctrine generally protects from discovery
01.Confidentiality
Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing
that - CORRECT ANSWER - the party seeking discovery has substantial need of the
materials in the preparation of the case and is unable to obtain their substantial equivalent
without undue hardship
01.Confidentiality
Even if disclosure of work product is ordered, documents reflecting the lawyer's mental
impressions, conclusions, opinions, or legal theories are not discoverable without - CORRECT
ANSWER - some exceptional circumstance requiring their production
01.Confidentiality
What communications are protected by the duty of comfidentiality? - CORRECT ANSWER -
Confidential communications protected by the attorney-client privilege plus all information
relating to the representation of a client from any source, including information from parties and
information acquired before the lawyer was retained
01.Confidentiality
A lawyer cannot reveal information relating to the representation of a client unless - CORRECT
ANSWER - the client gives informed consent or the disclosure is impliedly authorized in
order to carry out the representation
01.Confidentiality
Name 6 exceptions to the duty of confidentiality. - CORRECT ANSWER - (1) to prevent
reasonably certain death or substantial bodily harm; (2) when a client used or is using the
lawyer's services in furtherance of a crime or fraud, a lawyer may disclose information to
prevent, mitigate, or rectify substantial injury to the financial interests or property of another; (3)
to obtain legal advice about the lawyer's compliance with the Rules; (4) to detect and resolve
,conflicts of interest that arise from a lawyer's change of employment or from changes in the
composition of a lawyer's firm but only if disclosing the information would not prejudice the
client or compromise the attorney-client privilege; (5) to protect the lawyer's ability to assert
claims and defenses on his own behalf; or (6) to comply with the law or a court order.
01.Confidentiality
The inadvertent disclosure of information relating to the representation of a client does not
constitute a violation of the Rules if - CORRECT ANSWER - the lawyer has made reasonable
efforts to prevent the access or disclosure
01.Confidentiality
A lawyer who has formerly represented a client, or whose present or former firm has formerly
represented a client, in a matter must not thereafter use or reveal confidential information
relating to the representation of the former client, unless - CORRECT ANSWER - the former
client consents after consultation
02.Client-Lawyer Relationship
The client decides the objectives of the representation. These may include: - CORRECT
ANSWER - (1) in a civil case, whether to settle the matter; and (2) in a criminal case (after
consulting with the lawyer), whether to enter a plea, whether to waive a jury trial, and whether
the client will testify.
02.Client-Lawyer Relationship
The lawyer ordinarily has the right to determine the technical and legal tactical means by which
the objectives of the relationship will be pursued, but he has the obligation to - CORRECT
ANSWER - consult with the client concerning those means
02.Client-Lawyer Relationship
If resolution efforts are unavailing and the lawyer has a fundamental disagreement with the
client: - CORRECT ANSWER - - the lawyer may withdraw from the representation, or - the
client may resolve the disagreement by discharging the lawyer.
02.Client-Lawyer Relationship
, A lawyer may limit the scope of the representation if - CORRECT ANSWER - the limitation
is reasonable under the circumstances and the client gives informed consent
02.Client-Lawyer Relationship
A lawyer shall not assist or counsel a client to engage in conduct that - CORRECT
ANSWER - the lawyer knows is criminal or fraudulent
02.Client-Lawyer Relationship
The fact that the client uses the lawyer's advice in a criminal or fraudulent course of conduct
does not make the lawyer a party to the course of action, as long as - CORRECT ANSWER -
the lawyer has not assisted the client in committing the crime or fraud
02.Client-Lawyer Relationship
Factors to consider in determining whether a fee is reasonable include: - CORRECT
ANSWER - (1) the time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly; (2) the likelihood that
acceptance of this representation will preclude the lawyer from accepting other employment;
(3) the customary fee in the locale for this kind of work;
(4) the amount involved and results obtained;
(5) the time limitations imposed by the client or by the circumstances; (6) the nature and length
of the professional relationship with the client; (7) the lawyer's experience, reputation, and
ability; and (8) whether the fee is fixed or contingent.
02.Client-Lawyer Relationship
A contingent fee agreement must be in writing and must state: - CORRECT ANSWER - (1)
the method by which the fee is to be determined;
(2) the expenses and costs to be deducted from the recovery and whether such expenses are to be
deducted before or after the calculation of the fee; and
(3) the expenses for which the client will be liable whether or not the client is the prevailing
party
02.Client-Lawyer Relationship
