241801 MPRE September 2018 Practice Exam
**Question 1.** A lawyer discovers that a client intends to commit a future crime
that could cause substantial bodily harm to a third party. Which of the following
actions is the lawyer most likely required to take under the Model Rules of
Professional Conduct?
A) Maintain confidentiality because the crime is only contemplated.
B) Disclose the information to the intended victim without the client’s consent.
C) Reveal the information to law‑enforcement authorities.
D) Withdraw from representation without revealing the client’s intent.
Answer: C
Explanation: Rule 1.6(b)(2) permits a lawyer to reveal confidential information to
prevent reasonably certain death or substantial bodily harm.
**Question 2.** In a jurisdiction that follows the Model Rules, a lawyer is asked to
represent a corporation in a lawsuit while also representing the corporation’s CEO
in a separate personal matter. The lawyer’s representation of the CEO is likely
permissible if the lawyer:
A) Obtains written informed consent from both the corporation and the CEO after
full disclosure.
B) Obtains written consent only from the CEO because the corporation is a
separate legal entity.
C) Obtains oral consent from the corporation’s board of directors.
D) Declines representation of the CEO because any conflict is imputed to the firm.
Answer: A
Explanation: Rule 1.7 allows representation of multiple clients if the lawyer
reasonably believes there is no conflict and each client gives informed consent
confirmed in writing.
, 241801 MPRE September 2018 Practice Exam
**Question 3.** An attorney receives a referral fee from a non‑lawyer for
referring a client to a real‑estate broker. Under the Model Rules, this arrangement
is:
A) Permissible if the fee is disclosed to the client.
B) Impermissible because a lawyer may not share fees with a non‑lawyer.
C) Permissible if the referral fee is less than 5 % of the transaction value.
D) Permissible if the lawyer’s total compensation does not exceed $5,000.
Answer: B
Explanation: Rule 5.4(a) prohibits a lawyer from sharing legal fees with a
non‑lawyer.
**Question 4.** A lawyer who has been admitted to the bar in State A wishes to
provide a one‑hour consultation to a client residing in State B, where the lawyer is
not licensed. Which rule governs this multijurisdictional practice?
A) Rule 1.5 – Fees
B) Rule 5.5 – Unauthorized Practice of Law
C) Rule 1.6 – Confidentiality
D) Rule 1.1 – Competence
Answer: B
Explanation: Rule 5.5 permits a lawyer to provide temporary, limited services in
another jurisdiction if the lawyer does not establish a regular practice there.
, 241801 MPRE September 2018 Practice Exam
**Question 5.** When a lawyer discovers that a former client’s confidential
information will be used against that client in a new matter, the lawyer must:
A) Use the information because the client is no longer represented.
B) Seek the former client’s consent before using the information.
C) Disclose the information to the new client’s opposing counsel.
D) Refuse to represent the new client unless the former client waives the
privilege.
Answer: B
Explanation: Rule 1.9(a) bars a lawyer from using a former client’s confidential
information unless the former client gives informed consent.
**Question 6.** A law firm wishes to screen a newly hired associate who has a
conflict of interest with a prospective client. Which of the following steps is
required to avoid imputed disqualification?
A) Assign the associate to a different office location.
B) Isolate the associate’s computer and file access and require confidentiality.
C) Require the associate to resign from the firm.
D) Allow the associate to work on the matter under supervision.
Answer: B
Explanation: Rule 1.10 allows a firm to screen a conflicted lawyer if the firm
implements reasonable measures to prevent the lawyer’s involvement in the
matter.
, 241801 MPRE September 2018 Practice Exam
**Question 7.** An attorney is representing a client in a criminal case and learns
that the client intends to lie on the stand. The lawyer should:
A) Allow the client to testify and later correct the record.
B) Counsel the client not to testify and, if the client persists, disclose the intent to
the court.
C) Withdraw from representation without informing the client.
D) Seek a continuance to discuss the issue with the client further.
Answer: B
Explanation: Rule 3.3(a)(1) requires a lawyer to counsel a client against testifying
falsely and, if the client insists, to disclose the intent to the tribunal.
**Question 8.** Which of the following best describes the “no‑contact” rule?
A) A lawyer may not communicate with a represented party unless the lawyer’s
own client consents.
B) A lawyer may not communicate with a represented party unless the lawyer’s
client consents.
C) A lawyer may not communicate with a represented party unless the lawyer
obtains the other party’s lawyer’s consent.
D) A lawyer may not communicate with a represented party unless the lawyer is
also a member of the same firm.
Answer: C
Explanation: Rule 4.2 prohibits a lawyer from communicating about the subject of
the representation with a person the lawyer knows to be represented by another
lawyer, unless the lawyer has the other lawyer’s consent.
**Question 1.** A lawyer discovers that a client intends to commit a future crime
that could cause substantial bodily harm to a third party. Which of the following
actions is the lawyer most likely required to take under the Model Rules of
Professional Conduct?
A) Maintain confidentiality because the crime is only contemplated.
B) Disclose the information to the intended victim without the client’s consent.
C) Reveal the information to law‑enforcement authorities.
D) Withdraw from representation without revealing the client’s intent.
Answer: C
Explanation: Rule 1.6(b)(2) permits a lawyer to reveal confidential information to
prevent reasonably certain death or substantial bodily harm.
**Question 2.** In a jurisdiction that follows the Model Rules, a lawyer is asked to
represent a corporation in a lawsuit while also representing the corporation’s CEO
in a separate personal matter. The lawyer’s representation of the CEO is likely
permissible if the lawyer:
A) Obtains written informed consent from both the corporation and the CEO after
full disclosure.
B) Obtains written consent only from the CEO because the corporation is a
separate legal entity.
C) Obtains oral consent from the corporation’s board of directors.
D) Declines representation of the CEO because any conflict is imputed to the firm.
Answer: A
Explanation: Rule 1.7 allows representation of multiple clients if the lawyer
reasonably believes there is no conflict and each client gives informed consent
confirmed in writing.
, 241801 MPRE September 2018 Practice Exam
**Question 3.** An attorney receives a referral fee from a non‑lawyer for
referring a client to a real‑estate broker. Under the Model Rules, this arrangement
is:
A) Permissible if the fee is disclosed to the client.
B) Impermissible because a lawyer may not share fees with a non‑lawyer.
C) Permissible if the referral fee is less than 5 % of the transaction value.
D) Permissible if the lawyer’s total compensation does not exceed $5,000.
Answer: B
Explanation: Rule 5.4(a) prohibits a lawyer from sharing legal fees with a
non‑lawyer.
**Question 4.** A lawyer who has been admitted to the bar in State A wishes to
provide a one‑hour consultation to a client residing in State B, where the lawyer is
not licensed. Which rule governs this multijurisdictional practice?
A) Rule 1.5 – Fees
B) Rule 5.5 – Unauthorized Practice of Law
C) Rule 1.6 – Confidentiality
D) Rule 1.1 – Competence
Answer: B
Explanation: Rule 5.5 permits a lawyer to provide temporary, limited services in
another jurisdiction if the lawyer does not establish a regular practice there.
, 241801 MPRE September 2018 Practice Exam
**Question 5.** When a lawyer discovers that a former client’s confidential
information will be used against that client in a new matter, the lawyer must:
A) Use the information because the client is no longer represented.
B) Seek the former client’s consent before using the information.
C) Disclose the information to the new client’s opposing counsel.
D) Refuse to represent the new client unless the former client waives the
privilege.
Answer: B
Explanation: Rule 1.9(a) bars a lawyer from using a former client’s confidential
information unless the former client gives informed consent.
**Question 6.** A law firm wishes to screen a newly hired associate who has a
conflict of interest with a prospective client. Which of the following steps is
required to avoid imputed disqualification?
A) Assign the associate to a different office location.
B) Isolate the associate’s computer and file access and require confidentiality.
C) Require the associate to resign from the firm.
D) Allow the associate to work on the matter under supervision.
Answer: B
Explanation: Rule 1.10 allows a firm to screen a conflicted lawyer if the firm
implements reasonable measures to prevent the lawyer’s involvement in the
matter.
, 241801 MPRE September 2018 Practice Exam
**Question 7.** An attorney is representing a client in a criminal case and learns
that the client intends to lie on the stand. The lawyer should:
A) Allow the client to testify and later correct the record.
B) Counsel the client not to testify and, if the client persists, disclose the intent to
the court.
C) Withdraw from representation without informing the client.
D) Seek a continuance to discuss the issue with the client further.
Answer: B
Explanation: Rule 3.3(a)(1) requires a lawyer to counsel a client against testifying
falsely and, if the client insists, to disclose the intent to the tribunal.
**Question 8.** Which of the following best describes the “no‑contact” rule?
A) A lawyer may not communicate with a represented party unless the lawyer’s
own client consents.
B) A lawyer may not communicate with a represented party unless the lawyer’s
client consents.
C) A lawyer may not communicate with a represented party unless the lawyer
obtains the other party’s lawyer’s consent.
D) A lawyer may not communicate with a represented party unless the lawyer is
also a member of the same firm.
Answer: C
Explanation: Rule 4.2 prohibits a lawyer from communicating about the subject of
the representation with a person the lawyer knows to be represented by another
lawyer, unless the lawyer has the other lawyer’s consent.
