Themis MPRE Exam with Complete
Solutions
Which of the following is NOT a source of professional responsibility law tested on the
MPRE?
A) Constitutional law issues
B) Evidentiary rules
C) ABA Model Code of Judicial Conduct
D) Model Penal Code - ANS-D) Model Penal Code
Which of the following is a disciplinary sanction that a lawyer may face for conduct that
violates the rules of professional conduct?
A) Civil liability
B) Criminal liability
C) Disbarment
D) Disqualification as a counsel in a civil or criminal matter - ANS-C) Disbarment
Which of the following statements regarding the ABA Model Rules of Professional
Conduct is FALSE?
A) The Rules within the Model Rules are merely suggestions.
B) The Comments to the Model Rules are merely suggestions.
C) Violation of a mandatory rule can lead to discipline.
D) Aspirational rules tell lawyers what they should do. - ANS-A) The Rules within the
Model Rules are merely suggestions.
Which of the following is a sufficient character and fitness ground for denying an
applicant a license to practice law?
A) Conviction of a minor crime, such as disorderly conduct
B) Failure to disclose a minor crime
C) Carrying substantial debt
D) Not being a resident of the state in which admission is sought - ANS-B) Failure to
disclose a minor crime
Which of the following does NOT constitute misconduct for which a lawyer can be
subject to discipline?
A) Violation of a rule of professional conduct
,B) A conviction for bribing a juror
C) Fraud committed in a personal transaction
D) Conviction for minor traffic offense - ANS-D) Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by
others is FALSE?
A) A partner in a firm must ensure that the firm has in place measures to prevent
violation of the rules of professional conduct.
B) A supervisory lawyer who learns of a violation of the rules of professional conduct by
a subordinate lawyer after it has occurred has an obligation to take remedial action.
C) A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an
ethical issue without violation of rules of professional conduct.
D) A supervisory lawyer is not responsible for the conduct of non-professional
employees. - ANS-D) A supervisory lawyer is not responsible for the conduct of non-
professional employees.
Which of the following statements regarding the regulation of lawyers after admission to
the state bar is FALSE?
A) Before a lawyer may be disciplined for fraud under the rules of professional conduct,
a victim must come forward to establish the elements of reliance and damages.
B) Procedural fraud includes lying to a tribunal.
C) A large number of speeding tickets probably does not reflect poorly on a lawyer's
fitness to practice law.
D) Fraud or deceit that is noncriminal may lead to discipline under the rules of
professional conduct. - ANS-A) Before a lawyer may be disciplined for fraud under the
rules of professional conduct, a victim must come forward to establish the elements of
reliance and damages.
FILL IN THE BLANKS. A lawyer must generally report misconduct by another lawyer
whenever the conduct is a ______________ and the reporting lawyer has
__________________.
A) minor violation, actual knowledge of the misconduct
B) substantial violation, actual knowledge of the misconduct
C) minor violation, a reasonable belief that the misconduct occurred
D) substantial violation, a reasonable belief that the misconduct occurred - ANS-B)
substantial violation, actual knowledge of the misconduct
Which of the following statements regarding the unauthorized practice of law is TRUE?
A) A lawyer may be disciplined in a state for conduct that occurred outside of that state.
B) A lawyer may not practice law, even on a temporary basis, in a state in which the
lawyer is not licensed.
,C) A lawyer can practice law in a state in which the lawyer is not licensed if the lawyer
associates with local counsel as a silent partner.
D) A lawyer cannot engage in ghostwriting for pro se litigants. - ANS-A) A lawyer may
be disciplined in a state for conduct that occurred outside of that state.
A lawyer may generally share fees with which of the following?
A) The estate of a deceased lawyer as a death benefit
B) A non-lawyer who brings cases to the lawyer
C) A private detective hired for a divorce case
D) A paralegal who works in the lawyer's law firm - ANS-A) The estate of a deceased
lawyer as a death benefit
Which of the following statements regarding the lawyer-client relationship is TRUE?
A) A lawyer is generally not under a duty to accept representation of a client.
B) A lawyer does not have a duty to reject a client.
C) Court appointments may never be declined.
D) Court appointments may only be declined if representation would violate a rule of
professional responsibility. - ANS-A) A lawyer is generally not under a duty to accept
representation of a client.
Which of the following is the key to the existence of a lawyer-client relationship?
A) Payment of a fee by the client
B) Entering into an agreement between the lawyer and the client
C) Explicit acceptance of the client by the lawyer
D) A reasonable belief by the client that a lawyer-client relationship exists - ANS-D) A
reasonable belief by the client that a lawyer-client relationship exists
Which of the following statements regarding a lawyer's representation of a client is
TRUE?
A) A client under a disability must always have a guardian.
B) The scope of representation can always be limited by the lawyer as long as the
limitation is conveyed to the client.
C) A client and a lawyer may agree to limit the scope of the lawyer's representation.
D) A lawyer cannot discuss any aspect of a client's intention to commit a future crime. -
ANS-C) A client and a lawyer may agree to limit the scope of the lawyer's
representation.
Which of the following statements regarding a contingent fee for a lawyer's services is
FALSE?
A) The contingency fee arrangement must be in writing.
B) The contingency fee arrangement must be signed by the client.
, C) The contingency fee arrangement must include the calculation methodology for the
fee and expenses.
D) Contingency fee arrangements are permitted in all cases. - ANS-D) Contingency fee
arrangements are permitted in all cases.
Which of the following is NOT required for a lawyer to take payment in the client's stock
or by a mortgage on the client's property?
A) The agreement to do so must be in writing.
B) The arrangement must be fair and reasonable.
C) The client must be informed in writing of the prudence of retaining independent
counsel to review the transaction.
D) The property must be the subject matter of the litigation. - ANS-D) The property must
be the subject matter of the litigation.
Which of the following statements regarding fee sharing agreements is FALSE?
A) The overall fee must be fair to the client.
B) Fees can be shared with both lawyers and non-lawyers.
C) The referring lawyer must provide services or joint representation in connection with
the case.
D) The referral fee must be disclosed to the client. - ANS-B) Fees can be shared with
both lawyers and non-lawyers.
Which of the following statements regarding the attorney-client privilege is FALSE?
A) It applies to physical evidence of a crime given to the lawyer by the client.
B) It covers testimonial communications made by the client to the lawyer.
C) It requires that communications made by the client to the lawyer be made in
confidence.
D) It does not apply to disputes between the attorney and the client, such as a dispute
over fees. - ANS-A) It applies to physical evidence of a crime given to the lawyer by the
client.
Which of the following may a court order an attorney to disclose?
A) Any information protected by the duty of confidentiality
B) Any information subject to the attorney-client privilege
C) Any information protected by the duty of confidentiality that is not subject to the
attorney-client privilege
D) Any information subject to the attorney-client privilege that is not subject to the duty
of confidentiality - ANS-C) Any information protected by the duty of confidentiality that is
not subject to the attorney-client privilege
Which of the following statements regarding the work-product doctrine is FALSE?
Solutions
Which of the following is NOT a source of professional responsibility law tested on the
MPRE?
A) Constitutional law issues
B) Evidentiary rules
C) ABA Model Code of Judicial Conduct
D) Model Penal Code - ANS-D) Model Penal Code
Which of the following is a disciplinary sanction that a lawyer may face for conduct that
violates the rules of professional conduct?
A) Civil liability
B) Criminal liability
C) Disbarment
D) Disqualification as a counsel in a civil or criminal matter - ANS-C) Disbarment
Which of the following statements regarding the ABA Model Rules of Professional
Conduct is FALSE?
A) The Rules within the Model Rules are merely suggestions.
B) The Comments to the Model Rules are merely suggestions.
C) Violation of a mandatory rule can lead to discipline.
D) Aspirational rules tell lawyers what they should do. - ANS-A) The Rules within the
Model Rules are merely suggestions.
Which of the following is a sufficient character and fitness ground for denying an
applicant a license to practice law?
A) Conviction of a minor crime, such as disorderly conduct
B) Failure to disclose a minor crime
C) Carrying substantial debt
D) Not being a resident of the state in which admission is sought - ANS-B) Failure to
disclose a minor crime
Which of the following does NOT constitute misconduct for which a lawyer can be
subject to discipline?
A) Violation of a rule of professional conduct
,B) A conviction for bribing a juror
C) Fraud committed in a personal transaction
D) Conviction for minor traffic offense - ANS-D) Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by
others is FALSE?
A) A partner in a firm must ensure that the firm has in place measures to prevent
violation of the rules of professional conduct.
B) A supervisory lawyer who learns of a violation of the rules of professional conduct by
a subordinate lawyer after it has occurred has an obligation to take remedial action.
C) A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an
ethical issue without violation of rules of professional conduct.
D) A supervisory lawyer is not responsible for the conduct of non-professional
employees. - ANS-D) A supervisory lawyer is not responsible for the conduct of non-
professional employees.
Which of the following statements regarding the regulation of lawyers after admission to
the state bar is FALSE?
A) Before a lawyer may be disciplined for fraud under the rules of professional conduct,
a victim must come forward to establish the elements of reliance and damages.
B) Procedural fraud includes lying to a tribunal.
C) A large number of speeding tickets probably does not reflect poorly on a lawyer's
fitness to practice law.
D) Fraud or deceit that is noncriminal may lead to discipline under the rules of
professional conduct. - ANS-A) Before a lawyer may be disciplined for fraud under the
rules of professional conduct, a victim must come forward to establish the elements of
reliance and damages.
FILL IN THE BLANKS. A lawyer must generally report misconduct by another lawyer
whenever the conduct is a ______________ and the reporting lawyer has
__________________.
A) minor violation, actual knowledge of the misconduct
B) substantial violation, actual knowledge of the misconduct
C) minor violation, a reasonable belief that the misconduct occurred
D) substantial violation, a reasonable belief that the misconduct occurred - ANS-B)
substantial violation, actual knowledge of the misconduct
Which of the following statements regarding the unauthorized practice of law is TRUE?
A) A lawyer may be disciplined in a state for conduct that occurred outside of that state.
B) A lawyer may not practice law, even on a temporary basis, in a state in which the
lawyer is not licensed.
,C) A lawyer can practice law in a state in which the lawyer is not licensed if the lawyer
associates with local counsel as a silent partner.
D) A lawyer cannot engage in ghostwriting for pro se litigants. - ANS-A) A lawyer may
be disciplined in a state for conduct that occurred outside of that state.
A lawyer may generally share fees with which of the following?
A) The estate of a deceased lawyer as a death benefit
B) A non-lawyer who brings cases to the lawyer
C) A private detective hired for a divorce case
D) A paralegal who works in the lawyer's law firm - ANS-A) The estate of a deceased
lawyer as a death benefit
Which of the following statements regarding the lawyer-client relationship is TRUE?
A) A lawyer is generally not under a duty to accept representation of a client.
B) A lawyer does not have a duty to reject a client.
C) Court appointments may never be declined.
D) Court appointments may only be declined if representation would violate a rule of
professional responsibility. - ANS-A) A lawyer is generally not under a duty to accept
representation of a client.
Which of the following is the key to the existence of a lawyer-client relationship?
A) Payment of a fee by the client
B) Entering into an agreement between the lawyer and the client
C) Explicit acceptance of the client by the lawyer
D) A reasonable belief by the client that a lawyer-client relationship exists - ANS-D) A
reasonable belief by the client that a lawyer-client relationship exists
Which of the following statements regarding a lawyer's representation of a client is
TRUE?
A) A client under a disability must always have a guardian.
B) The scope of representation can always be limited by the lawyer as long as the
limitation is conveyed to the client.
C) A client and a lawyer may agree to limit the scope of the lawyer's representation.
D) A lawyer cannot discuss any aspect of a client's intention to commit a future crime. -
ANS-C) A client and a lawyer may agree to limit the scope of the lawyer's
representation.
Which of the following statements regarding a contingent fee for a lawyer's services is
FALSE?
A) The contingency fee arrangement must be in writing.
B) The contingency fee arrangement must be signed by the client.
, C) The contingency fee arrangement must include the calculation methodology for the
fee and expenses.
D) Contingency fee arrangements are permitted in all cases. - ANS-D) Contingency fee
arrangements are permitted in all cases.
Which of the following is NOT required for a lawyer to take payment in the client's stock
or by a mortgage on the client's property?
A) The agreement to do so must be in writing.
B) The arrangement must be fair and reasonable.
C) The client must be informed in writing of the prudence of retaining independent
counsel to review the transaction.
D) The property must be the subject matter of the litigation. - ANS-D) The property must
be the subject matter of the litigation.
Which of the following statements regarding fee sharing agreements is FALSE?
A) The overall fee must be fair to the client.
B) Fees can be shared with both lawyers and non-lawyers.
C) The referring lawyer must provide services or joint representation in connection with
the case.
D) The referral fee must be disclosed to the client. - ANS-B) Fees can be shared with
both lawyers and non-lawyers.
Which of the following statements regarding the attorney-client privilege is FALSE?
A) It applies to physical evidence of a crime given to the lawyer by the client.
B) It covers testimonial communications made by the client to the lawyer.
C) It requires that communications made by the client to the lawyer be made in
confidence.
D) It does not apply to disputes between the attorney and the client, such as a dispute
over fees. - ANS-A) It applies to physical evidence of a crime given to the lawyer by the
client.
Which of the following may a court order an attorney to disclose?
A) Any information protected by the duty of confidentiality
B) Any information subject to the attorney-client privilege
C) Any information protected by the duty of confidentiality that is not subject to the
attorney-client privilege
D) Any information subject to the attorney-client privilege that is not subject to the duty
of confidentiality - ANS-C) Any information protected by the duty of confidentiality that is
not subject to the attorney-client privilege
Which of the following statements regarding the work-product doctrine is FALSE?
