MPRE Key Words & Phrases & Terms Study Guide Exam.
1. Subject to Disci-
pline -Asks whether the conduct would subject the lawyer to discipline under the
Model Rules or a judge to discipline under the CJC
-Corresponds to mandatory language "shall" (i.e., "must") (if the rule
says "shall," and you violate it, you'll be subject to discipline)
-Basically, did the lawyer/judge violate the rules?
2. May or Proper - Ask whether the conduct is professionally appropriate
-I.e., conduct that is NOT subject to discipline
-The lawyer is allowed to do or not do something, but is not required
3. Subject to
Litiga- tion -Asks whether the conduct would subject the lawyer or his firm to a
Sanction fine, fee forfeiture, disqualification, punishment for contempt, or other
sanction by tribunal
4. Subject to Dis-
qualification
Asks whether the conduct would subject the lawyer or the lawyer's law firm
to disqualification as counsel in a civil or criminal matter
5. Subject to Civil Li- - Asks whether the conduct would subject the lawyer or the lawyer's firm
to civil
ability liability, such as a claim arising from malpractice, misrepresentation, or
breach of fiduciary duty
-Look to the elements of negligence (duty, breach, causation, harm)
6. Subject to
Crimi- nal -Asks whether the conduct would subject the lawyer to crim liab for
Liability participation in or aiding and abetting criminal acts, such as insurance or
tax fraud, destruction of evidence, or obstruction of justice
7. Bar, State Bar,
or Disciplinary
Au- thority
8. Certified
Special- ist
Means that the lawyer has been so certified by the appropriate agency in the
9. Tribunal JX in which he practices
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, MPRE Key Words & Phrases & Terms Study Guide Exam.
a court, but includes an arbitrator in binding arbitration, a legislative body,
admin- istrative agency, or other entity that acts in an adjudicative capacity
10. Adjudicative Ca- an entity acts in this way when a neutral oflcial, after the presentation of
pacity evidence or legal argument by a party or parties, reaches a binding
legal judgment that directly attects a party's interest in a particular matter
11. Law Firm any association of lawyers authorized to practice law, and includes a
partnership or professional corporation as well as lawyers employed in a
legal services orga- nization or the legal department of a corporation or
other organization
12. Partner A member of a partnership, a shareholder in a law firm organized as a
professional corporation, or a member of an association authorized to
practice law
13. Writings - Any tangible or electronic record of a communication or representation,
including a photograph, audio- or video recording, and electronic
communications
-Can be signed by any means (requires intent to sign the writing)
14. Informed Con-
sent -To obtain: lawyer must communicate adequate information about
material risks and reasonably available alternatives
-Not req'd to inform person of facts or implications already known to the
person, and can take into account the person's legal knowledge and
representation by another lawyer, but bears risk as to adequacy of info
-Consent may NOT be assumed from silence
-Consent MAY be inferred from person's conduct
15. Confirmed
in Writing -"Consent after consultation" = "informed consent"
-Model Rules require informed consent to be "confirmed in writing,"
but it need not take the form of a document signed by the person
-Consent can be given orally & a writing can be prepared by the
lawyer as confirmation of oral consent
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1. Subject to Disci-
pline -Asks whether the conduct would subject the lawyer to discipline under the
Model Rules or a judge to discipline under the CJC
-Corresponds to mandatory language "shall" (i.e., "must") (if the rule
says "shall," and you violate it, you'll be subject to discipline)
-Basically, did the lawyer/judge violate the rules?
2. May or Proper - Ask whether the conduct is professionally appropriate
-I.e., conduct that is NOT subject to discipline
-The lawyer is allowed to do or not do something, but is not required
3. Subject to
Litiga- tion -Asks whether the conduct would subject the lawyer or his firm to a
Sanction fine, fee forfeiture, disqualification, punishment for contempt, or other
sanction by tribunal
4. Subject to Dis-
qualification
Asks whether the conduct would subject the lawyer or the lawyer's law firm
to disqualification as counsel in a civil or criminal matter
5. Subject to Civil Li- - Asks whether the conduct would subject the lawyer or the lawyer's firm
to civil
ability liability, such as a claim arising from malpractice, misrepresentation, or
breach of fiduciary duty
-Look to the elements of negligence (duty, breach, causation, harm)
6. Subject to
Crimi- nal -Asks whether the conduct would subject the lawyer to crim liab for
Liability participation in or aiding and abetting criminal acts, such as insurance or
tax fraud, destruction of evidence, or obstruction of justice
7. Bar, State Bar,
or Disciplinary
Au- thority
8. Certified
Special- ist
Means that the lawyer has been so certified by the appropriate agency in the
9. Tribunal JX in which he practices
1/
8
, MPRE Key Words & Phrases & Terms Study Guide Exam.
a court, but includes an arbitrator in binding arbitration, a legislative body,
admin- istrative agency, or other entity that acts in an adjudicative capacity
10. Adjudicative Ca- an entity acts in this way when a neutral oflcial, after the presentation of
pacity evidence or legal argument by a party or parties, reaches a binding
legal judgment that directly attects a party's interest in a particular matter
11. Law Firm any association of lawyers authorized to practice law, and includes a
partnership or professional corporation as well as lawyers employed in a
legal services orga- nization or the legal department of a corporation or
other organization
12. Partner A member of a partnership, a shareholder in a law firm organized as a
professional corporation, or a member of an association authorized to
practice law
13. Writings - Any tangible or electronic record of a communication or representation,
including a photograph, audio- or video recording, and electronic
communications
-Can be signed by any means (requires intent to sign the writing)
14. Informed Con-
sent -To obtain: lawyer must communicate adequate information about
material risks and reasonably available alternatives
-Not req'd to inform person of facts or implications already known to the
person, and can take into account the person's legal knowledge and
representation by another lawyer, but bears risk as to adequacy of info
-Consent may NOT be assumed from silence
-Consent MAY be inferred from person's conduct
15. Confirmed
in Writing -"Consent after consultation" = "informed consent"
-Model Rules require informed consent to be "confirmed in writing,"
but it need not take the form of a document signed by the person
-Consent can be given orally & a writing can be prepared by the
lawyer as confirmation of oral consent
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