MPRE MULTIPLE CHOICE EXAM
QUESTIONS AND ANSWERS
Membership in a state bar association is required for a person who is being licensed
to practice law:
A. By some states.
B. By no state.
C. By every state, unless the person is a member of a bar association in another
state.
D. By every state, even if the person is member of a bar association in another state.
- ANSWER-A. By some states.
Parnik, a licensed attorney and state prosecutor, was arrested for stalking his ex-
girlfriend. Parnik did follow his girlfriend on numerous occasions, spied on her
through the windows of her house, and called her repeatedly after she had asked
him not to do so. Nevertheless, a jury acquitted Parnik of the charges. Is Parnik
subject to discipline for stalking his ex-girlfriend if the bar disciplinary authorities
determine that he committed a criminal act that
reflects adversely on his fitness to practice law?
A. Yes, because a lawyer who commits a criminal act can be disciplined for it
whether or not the lawyer was convicted of a crime.
B. Yes, because Parnik is a prosecutor, so he has a special responsibility beyond
that of other lawyers to show respect for the law and the legal system.
C. No, because the stalking occurred in Parniks private life and was not related to
the practice of law.
D. No, because he was acqui - ANSWER-A. Yes, because a lawyer who commits a
criminal act can be disciplined for it whether or not the lawyer was convicted of a
crime.
Attorneys Carrie and Paige are partners in a small firm. Paige supervises the work of
the firm's two associates. Over the last few years, Carrie has noticed that Paige has
been intoxicated during the workday. In the last few months, Carrie has been
smelling alcohol
on Paige's breath during the workday at least two or three days a week. Paige
continues to meet with clients and work on cases, but Carrie believes Paige's work is
suffering as a result of her drinking. In the past two weeks, she has received calls
from three of Paige's clients complaining that Paige either failed to show up for a
meeting or failed to return a call. Last Tuesday, she found Paige passed out on the
couch in her office at 11 am. There was vomit all over a client file that was on the
floor near her head. Today she learned that a case that Paige was handling, to
recover damages for a woman who was badly injured in an accident, was postponed
for - ANSWER-B. Yes, because Paige's alcohol consumption suggests that she is ill
and needs medical care, but her conduct also raises a substantial question about her
fitness to practice law in her current state.
Grace is an associate in a law firm. Her firm bills clients by the hour. When she
began working for the firm, she signed a statement in which she agreed to abide by
firm policy. The firm policy stated in part: "All misconduct shall be reported promptly
,to the managing partner and shall not be revealed to anyone else in the firm or
outside the firm.? Grace discovers that Arthur, the partner who supervises her work,
always alters her time sheets by multiplying
the number of hours she reported working by 1.2, thereby claiming to the clients that
she spent 20 percent more time on each project than she actually spent, and billing
the clients accordingly. Grace reports the misconduct to the managing partner, who
tells her that she
need not concern herself with the conduct of her superiors. He takes no action.
Would Grace be subject to discipline if she failed to report Arthur's conduct to the
disciplinary authorities?
A. Y - ANSWER-B. Yes, because Arthur's conduct involves a violation of the rules
that raises a substantial question as to his honesty.
Zarah is a partner at a law firm. She supervises the work of a junior associate,
Charlie. They are representing Whitney in her divorce proceedings. The divorce
involves a heated battle over the custody of the daughter of Whitney and her
husband, Cody. Zarah asks Whitney whether she knows the password for her
husband's e mall. Whitney gives it to her. Then Zarah gives the password to Charlie
and instructs him to copy all the emails in cody's account and read them to see
whether cody is having an affair. charlie objects. zarah says that this invesitgative
work could win the case for Whitney and threatens to fire Charlie if he does not
comply. charlie complies. they learn that cody really is having an affair and whitney
wins custody. when cody discovers what happened he files a disciplinary complaint
against zarah and charlie. assuming charlie's surreptitious review of cody's email is
unlawful and a rule violation, whic - ANSWER-C. Both Charlie and Zarah are subject
to discipline.
Carson is admitted to practice only in state A. State A has adopted Rule 8.4 of the
Model Rules of Professional Conduct. Carson commits a minor fraud in state B
against a citizen of state B, and is prosecuted for this misdemeanor offense and
punished in state B. Is Carson
subject to discipline in state A?
A. Yes, because Carson's conduct would violate state A's ethics code, regardless of
where the conduct occurs.
B. Yes, because Carson was convicted of the misdemeanor offense in a court of law.
C. No, because Carson's conduct did not occur in state A and has no impact on the
citizens of state A.
D. No, because the matter has been criminally prosecuted in state B, so a
disciplinary proceeding would impose double jeopardy on Carson. - ANSWER-A.
Yes, because Carson's conduct would violate state A's ethics code, regardless of
where the conduct occurs.
Eloise is a law professor in state B who maintains active licenses to practice law in
states A and B. She has not practiced law in some time and does not plan to practice
law in the near future. Eloise wrote and published a law review article in state B
criticizing the criminal justice system in state A. The article includes long passages of
plagiarized material, and includes some false statements about the law in state A.
The disciplinary agency in state B is unable to decide whether the plagiarism and
false statements were intentional, but it imposes a six-month suspension for this
conduct. Is Eloise subject to discipline in
,state A?
A. Yes, because many readers of the article are lawyers in state A, so the article has
harmed the administration of justice in state A.
B. Yes, because a lawyer may be disciplined by more than one state for a single act
of misconduct.
C. No, because a lawyer may be disciplined by only - ANSWER-B. Yes, because a
lawyer may be disciplined by more than one state for a single act of misconduct.
Jabari is an associate at a law firm in state A. He is admitted to practice only in state
A. Jabari goes to state B to litigate a matter on behalf of a client. He is admitted pro
hac vice in stale B. Jabari violates an ethical file That has been adopted in state B
requiring disclosure of client perjury to the judge. State A has not adopted any similar
rule. Could Jabari be disciplined in state A even though state A has not adopted the
rule that Jabari violated?
A. Yes, because the disciplinary authorities in state A would apply the rules adopted
in state B in this case.
B. Yes, because state A is the only state in which Jabari is a member of the bar, so
state A is solely responsible for overseeing his conduct.
C. No, because Jabari's conduct did not take place in state A.
D. No, because Jabari's conduct does not violate the ethics code in state A. -
ANSWER-A. Yes, because the disciplinary authorities in state A would apply the
rules adopted in state B in this case.
Sasha is an associate in the law firm of Garrett & Glass, LLP. Recently, Sasha
discovered that Gerry Glass, one of the partners, had stolen large sums of money
from Healthwest, a client organization. In one case, for example, Gerry was
defending Healthwest in a personal injury suit. Gerry reached a settlement under
which Healthwest would pay the plaintiff $100.000. but he told the CEO of
Healthwest that the organization was obliged to pay $200,000. Healthwest sent
Gerry a check to cover the settlement. Gerry deposited the check in a firm account,
paid the plaintiff $100,000, and wrote himself a check for the remainder. Gerry did
this secretly. His law firm billed the client for legal fees as usual. Gerry repeated this
same pattern in a series of cases over a seven-year period. The evidence that Gerry
has stolen funds from Healthwest is indisputable. Sasha explained the whole
situation to the law firm's general counse - ANSWER-A. She must report the
misconduct to the disciplinary authorities if she can do so without disclosing any
client confidences.
Mayra, an attorney licensed in Indiana with a law office in Gary, Indiana, had a
business office in Illinois. In her Illinois business, she imported maple syrup from
Canada and sold it to distributors in California. Her importing work was unconnected
with the legal work that she did in Indiana. Two years ago, she deliberately
misrepresented the grade of a shipment of syrup and thereby overcharged her U.S.
customers. When they discovered the fraud, they confronted Mayra, who settled with
them out of court for an undisclosed sum. The matter was reported in the trade
press. One of her customers sent a copy of the article to the Indiana bar disciplinary
authority. Is Mayra subject to discipline in Indiana based on these events?
A. Yes, because Mayras conduct involved dishonesty.
B. Yes, because the matter was not merely reported in the press; a customer made
a complaint to the Indiana bar.
, C. No, because Mayra did not do - ANSWER-A. Yes, because Mayras conduct
involved dishonesty.
Burke is a trusts and estates lawyer. Ida, an acquaintance, asks him to represent her
in a negligence lawsuit against a major retail company. she stands to make millions
from the lawsuit, and she is happy to hire Burke on a contingent fee basis. Burke has
never before handled a negligence action and he has never handled a trial of any
kind. Burke accepts the case. He does not tell Ida that he has no experience in
handling cases of this sort whom he could consult, but unfortunately he does not
have such contact. He studies the relevant law and procedure. He performs well but
loses the case. Is Burke subject to discipline?
A. Yes. because he did not tell Ida that he had never handled a negligence claim or
a trial
B. Yes, because he failed to associate with a lawyer experienced in handling
negligence actions.
C. No, because he studied the relevant law and procedure and performed well
D. No, because he is licensed to pr - ANSWER-C. No, because he studied the
relevant law and procedure and performed well
Carla, a graduating law student who is in the United States on a student visa, is
having lunch with her friend Alice, an environmental lawyer who graduated from the
same law school the previous year and who was just admitted to the bar. Carla
knows that during law
school, Alice did a summer internship at a small immigration law firm, where she
helped companies that were seeking employment visas for some of their workers.
Carla tells Alice that her student visa is about to expire, but that she has just been
offered a job at a law firm.
She asks whether the law firm could sponsor her for a visa. Alice responds,
"Unfortunately, I don't believe that law firms can sponsor people who are straight out
of law school for employment visas. My advice would be to go back to your home
country for a year and
apply for jobs from there.? Carla, who reasonably believes that Alice was providing
correct legal advice, turns down the law - ANSWER-A. Yes, because Carla
reasonably believed that Alice was providing correct legal advice
Attorney Priya represents Janice in her suit against major canned goods company,
after she contracted botulism from a can of pickled fish. Priya receives an email from
opposing counsel saying that he is ready to meet to discuss settlement. Priya asks
Janice if they can meet the next day to talk about what terms Janice wants. When
they meet, Priya tells Janice that she thinks she could get at least $4 million dollars
in a settlement. Janice is thrilled at that number, and she tells Priya, "I didn't think we
could get nearly that much! You have been such an amazing lawyer and friend
throughout this process. If they come to us with an amount lower than that, and you
think that we can get more by rejecting the offer, I trust your judgment. Do what you
think is best." The next day, Priya meets with opposing counsel, who informs her that
the company is offering $3.25 million dollars to settle the case. Without conveying th
- ANSWER-C. No, because Janice authorized Priya to reject the settlement offer.
In 2009, Anita, a criminal defense lawyer, represented Liam, an immigrant from
Australia who was charged with selling cocaine. Under state law, if convicted, Liam
QUESTIONS AND ANSWERS
Membership in a state bar association is required for a person who is being licensed
to practice law:
A. By some states.
B. By no state.
C. By every state, unless the person is a member of a bar association in another
state.
D. By every state, even if the person is member of a bar association in another state.
- ANSWER-A. By some states.
Parnik, a licensed attorney and state prosecutor, was arrested for stalking his ex-
girlfriend. Parnik did follow his girlfriend on numerous occasions, spied on her
through the windows of her house, and called her repeatedly after she had asked
him not to do so. Nevertheless, a jury acquitted Parnik of the charges. Is Parnik
subject to discipline for stalking his ex-girlfriend if the bar disciplinary authorities
determine that he committed a criminal act that
reflects adversely on his fitness to practice law?
A. Yes, because a lawyer who commits a criminal act can be disciplined for it
whether or not the lawyer was convicted of a crime.
B. Yes, because Parnik is a prosecutor, so he has a special responsibility beyond
that of other lawyers to show respect for the law and the legal system.
C. No, because the stalking occurred in Parniks private life and was not related to
the practice of law.
D. No, because he was acqui - ANSWER-A. Yes, because a lawyer who commits a
criminal act can be disciplined for it whether or not the lawyer was convicted of a
crime.
Attorneys Carrie and Paige are partners in a small firm. Paige supervises the work of
the firm's two associates. Over the last few years, Carrie has noticed that Paige has
been intoxicated during the workday. In the last few months, Carrie has been
smelling alcohol
on Paige's breath during the workday at least two or three days a week. Paige
continues to meet with clients and work on cases, but Carrie believes Paige's work is
suffering as a result of her drinking. In the past two weeks, she has received calls
from three of Paige's clients complaining that Paige either failed to show up for a
meeting or failed to return a call. Last Tuesday, she found Paige passed out on the
couch in her office at 11 am. There was vomit all over a client file that was on the
floor near her head. Today she learned that a case that Paige was handling, to
recover damages for a woman who was badly injured in an accident, was postponed
for - ANSWER-B. Yes, because Paige's alcohol consumption suggests that she is ill
and needs medical care, but her conduct also raises a substantial question about her
fitness to practice law in her current state.
Grace is an associate in a law firm. Her firm bills clients by the hour. When she
began working for the firm, she signed a statement in which she agreed to abide by
firm policy. The firm policy stated in part: "All misconduct shall be reported promptly
,to the managing partner and shall not be revealed to anyone else in the firm or
outside the firm.? Grace discovers that Arthur, the partner who supervises her work,
always alters her time sheets by multiplying
the number of hours she reported working by 1.2, thereby claiming to the clients that
she spent 20 percent more time on each project than she actually spent, and billing
the clients accordingly. Grace reports the misconduct to the managing partner, who
tells her that she
need not concern herself with the conduct of her superiors. He takes no action.
Would Grace be subject to discipline if she failed to report Arthur's conduct to the
disciplinary authorities?
A. Y - ANSWER-B. Yes, because Arthur's conduct involves a violation of the rules
that raises a substantial question as to his honesty.
Zarah is a partner at a law firm. She supervises the work of a junior associate,
Charlie. They are representing Whitney in her divorce proceedings. The divorce
involves a heated battle over the custody of the daughter of Whitney and her
husband, Cody. Zarah asks Whitney whether she knows the password for her
husband's e mall. Whitney gives it to her. Then Zarah gives the password to Charlie
and instructs him to copy all the emails in cody's account and read them to see
whether cody is having an affair. charlie objects. zarah says that this invesitgative
work could win the case for Whitney and threatens to fire Charlie if he does not
comply. charlie complies. they learn that cody really is having an affair and whitney
wins custody. when cody discovers what happened he files a disciplinary complaint
against zarah and charlie. assuming charlie's surreptitious review of cody's email is
unlawful and a rule violation, whic - ANSWER-C. Both Charlie and Zarah are subject
to discipline.
Carson is admitted to practice only in state A. State A has adopted Rule 8.4 of the
Model Rules of Professional Conduct. Carson commits a minor fraud in state B
against a citizen of state B, and is prosecuted for this misdemeanor offense and
punished in state B. Is Carson
subject to discipline in state A?
A. Yes, because Carson's conduct would violate state A's ethics code, regardless of
where the conduct occurs.
B. Yes, because Carson was convicted of the misdemeanor offense in a court of law.
C. No, because Carson's conduct did not occur in state A and has no impact on the
citizens of state A.
D. No, because the matter has been criminally prosecuted in state B, so a
disciplinary proceeding would impose double jeopardy on Carson. - ANSWER-A.
Yes, because Carson's conduct would violate state A's ethics code, regardless of
where the conduct occurs.
Eloise is a law professor in state B who maintains active licenses to practice law in
states A and B. She has not practiced law in some time and does not plan to practice
law in the near future. Eloise wrote and published a law review article in state B
criticizing the criminal justice system in state A. The article includes long passages of
plagiarized material, and includes some false statements about the law in state A.
The disciplinary agency in state B is unable to decide whether the plagiarism and
false statements were intentional, but it imposes a six-month suspension for this
conduct. Is Eloise subject to discipline in
,state A?
A. Yes, because many readers of the article are lawyers in state A, so the article has
harmed the administration of justice in state A.
B. Yes, because a lawyer may be disciplined by more than one state for a single act
of misconduct.
C. No, because a lawyer may be disciplined by only - ANSWER-B. Yes, because a
lawyer may be disciplined by more than one state for a single act of misconduct.
Jabari is an associate at a law firm in state A. He is admitted to practice only in state
A. Jabari goes to state B to litigate a matter on behalf of a client. He is admitted pro
hac vice in stale B. Jabari violates an ethical file That has been adopted in state B
requiring disclosure of client perjury to the judge. State A has not adopted any similar
rule. Could Jabari be disciplined in state A even though state A has not adopted the
rule that Jabari violated?
A. Yes, because the disciplinary authorities in state A would apply the rules adopted
in state B in this case.
B. Yes, because state A is the only state in which Jabari is a member of the bar, so
state A is solely responsible for overseeing his conduct.
C. No, because Jabari's conduct did not take place in state A.
D. No, because Jabari's conduct does not violate the ethics code in state A. -
ANSWER-A. Yes, because the disciplinary authorities in state A would apply the
rules adopted in state B in this case.
Sasha is an associate in the law firm of Garrett & Glass, LLP. Recently, Sasha
discovered that Gerry Glass, one of the partners, had stolen large sums of money
from Healthwest, a client organization. In one case, for example, Gerry was
defending Healthwest in a personal injury suit. Gerry reached a settlement under
which Healthwest would pay the plaintiff $100.000. but he told the CEO of
Healthwest that the organization was obliged to pay $200,000. Healthwest sent
Gerry a check to cover the settlement. Gerry deposited the check in a firm account,
paid the plaintiff $100,000, and wrote himself a check for the remainder. Gerry did
this secretly. His law firm billed the client for legal fees as usual. Gerry repeated this
same pattern in a series of cases over a seven-year period. The evidence that Gerry
has stolen funds from Healthwest is indisputable. Sasha explained the whole
situation to the law firm's general counse - ANSWER-A. She must report the
misconduct to the disciplinary authorities if she can do so without disclosing any
client confidences.
Mayra, an attorney licensed in Indiana with a law office in Gary, Indiana, had a
business office in Illinois. In her Illinois business, she imported maple syrup from
Canada and sold it to distributors in California. Her importing work was unconnected
with the legal work that she did in Indiana. Two years ago, she deliberately
misrepresented the grade of a shipment of syrup and thereby overcharged her U.S.
customers. When they discovered the fraud, they confronted Mayra, who settled with
them out of court for an undisclosed sum. The matter was reported in the trade
press. One of her customers sent a copy of the article to the Indiana bar disciplinary
authority. Is Mayra subject to discipline in Indiana based on these events?
A. Yes, because Mayras conduct involved dishonesty.
B. Yes, because the matter was not merely reported in the press; a customer made
a complaint to the Indiana bar.
, C. No, because Mayra did not do - ANSWER-A. Yes, because Mayras conduct
involved dishonesty.
Burke is a trusts and estates lawyer. Ida, an acquaintance, asks him to represent her
in a negligence lawsuit against a major retail company. she stands to make millions
from the lawsuit, and she is happy to hire Burke on a contingent fee basis. Burke has
never before handled a negligence action and he has never handled a trial of any
kind. Burke accepts the case. He does not tell Ida that he has no experience in
handling cases of this sort whom he could consult, but unfortunately he does not
have such contact. He studies the relevant law and procedure. He performs well but
loses the case. Is Burke subject to discipline?
A. Yes. because he did not tell Ida that he had never handled a negligence claim or
a trial
B. Yes, because he failed to associate with a lawyer experienced in handling
negligence actions.
C. No, because he studied the relevant law and procedure and performed well
D. No, because he is licensed to pr - ANSWER-C. No, because he studied the
relevant law and procedure and performed well
Carla, a graduating law student who is in the United States on a student visa, is
having lunch with her friend Alice, an environmental lawyer who graduated from the
same law school the previous year and who was just admitted to the bar. Carla
knows that during law
school, Alice did a summer internship at a small immigration law firm, where she
helped companies that were seeking employment visas for some of their workers.
Carla tells Alice that her student visa is about to expire, but that she has just been
offered a job at a law firm.
She asks whether the law firm could sponsor her for a visa. Alice responds,
"Unfortunately, I don't believe that law firms can sponsor people who are straight out
of law school for employment visas. My advice would be to go back to your home
country for a year and
apply for jobs from there.? Carla, who reasonably believes that Alice was providing
correct legal advice, turns down the law - ANSWER-A. Yes, because Carla
reasonably believed that Alice was providing correct legal advice
Attorney Priya represents Janice in her suit against major canned goods company,
after she contracted botulism from a can of pickled fish. Priya receives an email from
opposing counsel saying that he is ready to meet to discuss settlement. Priya asks
Janice if they can meet the next day to talk about what terms Janice wants. When
they meet, Priya tells Janice that she thinks she could get at least $4 million dollars
in a settlement. Janice is thrilled at that number, and she tells Priya, "I didn't think we
could get nearly that much! You have been such an amazing lawyer and friend
throughout this process. If they come to us with an amount lower than that, and you
think that we can get more by rejecting the offer, I trust your judgment. Do what you
think is best." The next day, Priya meets with opposing counsel, who informs her that
the company is offering $3.25 million dollars to settle the case. Without conveying th
- ANSWER-C. No, because Janice authorized Priya to reject the settlement offer.
In 2009, Anita, a criminal defense lawyer, represented Liam, an immigrant from
Australia who was charged with selling cocaine. Under state law, if convicted, Liam
