MPRE OVERVIEW Practice Exam
**Question 1.** Which of the following is the primary source of a lawyer’s duty of
confidentiality?
A) The attorney‑client privilege
B) The Model Rules of Professional Conduct
C) State statutes on privacy
D) The common law of negligence
**Answer:** B
**Explanation:** The duty of confidentiality is an ethical rule embodied in the
Model Rules (Rule 1.6). The attorney‑client privilege is an evidentiary rule, not the
source of the ethical duty.
**Question 2.** A lawyer learns that a former client is about to file a lawsuit that
is substantially related to a matter the lawyer handled for the former client. The
lawyer may:
A) Represent the new client without informing the former client.
B) Represent the new client after obtaining the former client’s written consent.
C) Represent the new client only if the matters are unrelated.
D) Never represent the new client in any capacity.
**Answer:** B
**Explanation:** Former‑client conflicts are imputed unless the former client
gives informed written consent (Rule 1.9). The lawyer must obtain that consent
before proceeding.
, MPRE OVERVIEW Practice Exam
**Question 3.** Under the Model Rules, a lawyer may share a fee with a
nonlawyer employee of the firm if:
A) The employee performed substantial legal work.
B) The fee is a percentage of the firm’s gross revenue.
C) The arrangement is disclosed to the client and the client consents in writing.
D) The employee is a law school graduate awaiting bar admission.
**Answer:** C
**Explanation:** Rule 5.4 generally prohibits fee sharing with nonlawyers, but an
exception exists when the client is fully informed and gives written consent.
**Question 4.** A lawyer is approached by a former client who wants the lawyer
to testify about confidential communications made during representation. The
lawyer should:
A) Refuse to testify unless the client waives the privilege in writing.
B) Testify, because the lawyer is not bound by confidentiality when called as a
witness.
C) Testify only about non‑confidential matters.
D) Seek a protective order from the court before testifying.
**Answer:** A
, MPRE OVERVIEW Practice Exam
**Explanation:** The lawyer must obtain the client’s informed written consent to
waive the attorney‑client privilege before testifying about confidential
communications.
**Question 5.** Which of the following best describes the “no‑contact” rule?
A) A lawyer may not communicate with any third party about a case.
B) A lawyer may not communicate with a represented party about the subject of
the representation without the other lawyer’s consent.
C) A lawyer may not communicate with an unrepresented party without disclosing
the lawyer’s status.
D) A lawyer may not communicate with a judge about a pending case.
**Answer:** B
**Explanation:** Rule 4.2 prohibits a lawyer from communicating about the
subject of the representation with a person known to be represented by another
lawyer, unless the other lawyer consents.
**Question 6.** When may a lawyer disclose confidential information to prevent
a crime?
A) When the client confesses to a past crime.
B) When the lawyer reasonably believes the disclosure will prevent death or
substantial bodily harm.
C) When the client is about to sue a former employer.
D) When the client asks the lawyer to reveal the information to the media.
, MPRE OVERVIEW Practice Exam
**Answer:** B
**Explanation:** Rule 1.6(b)(1) permits disclosure to prevent reasonably certain
death or substantial bodily harm.
**Question 7.** A lawyer in a partnership learns that a partner has been
embezzling client funds. The lawyer’s duty to the client includes:
A) Reporting the misconduct to the bar association only.
B) Reporting the misconduct to the client and taking reasonable steps to rectify
the situation.
C) Ignoring the misconduct if the partner will reimburse the client.
D) Waiting until the client discovers the theft.
**Answer:** B
**Explanation:** The lawyer must protect the client’s interests, which includes
informing the client and taking steps to prevent further harm (Rule 1.13).
**Question 8.** Which of the following statements about multijurisdictional
practice is correct?
A) A lawyer may practice in any state for a single day without registering.
B) A lawyer may provide temporary services in a jurisdiction if the services are
related to a pending matter in which the lawyer is already licensed elsewhere.
C) A lawyer must be admitted to the bar of every state in which the lawyer sends
an email.
**Question 1.** Which of the following is the primary source of a lawyer’s duty of
confidentiality?
A) The attorney‑client privilege
B) The Model Rules of Professional Conduct
C) State statutes on privacy
D) The common law of negligence
**Answer:** B
**Explanation:** The duty of confidentiality is an ethical rule embodied in the
Model Rules (Rule 1.6). The attorney‑client privilege is an evidentiary rule, not the
source of the ethical duty.
**Question 2.** A lawyer learns that a former client is about to file a lawsuit that
is substantially related to a matter the lawyer handled for the former client. The
lawyer may:
A) Represent the new client without informing the former client.
B) Represent the new client after obtaining the former client’s written consent.
C) Represent the new client only if the matters are unrelated.
D) Never represent the new client in any capacity.
**Answer:** B
**Explanation:** Former‑client conflicts are imputed unless the former client
gives informed written consent (Rule 1.9). The lawyer must obtain that consent
before proceeding.
, MPRE OVERVIEW Practice Exam
**Question 3.** Under the Model Rules, a lawyer may share a fee with a
nonlawyer employee of the firm if:
A) The employee performed substantial legal work.
B) The fee is a percentage of the firm’s gross revenue.
C) The arrangement is disclosed to the client and the client consents in writing.
D) The employee is a law school graduate awaiting bar admission.
**Answer:** C
**Explanation:** Rule 5.4 generally prohibits fee sharing with nonlawyers, but an
exception exists when the client is fully informed and gives written consent.
**Question 4.** A lawyer is approached by a former client who wants the lawyer
to testify about confidential communications made during representation. The
lawyer should:
A) Refuse to testify unless the client waives the privilege in writing.
B) Testify, because the lawyer is not bound by confidentiality when called as a
witness.
C) Testify only about non‑confidential matters.
D) Seek a protective order from the court before testifying.
**Answer:** A
, MPRE OVERVIEW Practice Exam
**Explanation:** The lawyer must obtain the client’s informed written consent to
waive the attorney‑client privilege before testifying about confidential
communications.
**Question 5.** Which of the following best describes the “no‑contact” rule?
A) A lawyer may not communicate with any third party about a case.
B) A lawyer may not communicate with a represented party about the subject of
the representation without the other lawyer’s consent.
C) A lawyer may not communicate with an unrepresented party without disclosing
the lawyer’s status.
D) A lawyer may not communicate with a judge about a pending case.
**Answer:** B
**Explanation:** Rule 4.2 prohibits a lawyer from communicating about the
subject of the representation with a person known to be represented by another
lawyer, unless the other lawyer consents.
**Question 6.** When may a lawyer disclose confidential information to prevent
a crime?
A) When the client confesses to a past crime.
B) When the lawyer reasonably believes the disclosure will prevent death or
substantial bodily harm.
C) When the client is about to sue a former employer.
D) When the client asks the lawyer to reveal the information to the media.
, MPRE OVERVIEW Practice Exam
**Answer:** B
**Explanation:** Rule 1.6(b)(1) permits disclosure to prevent reasonably certain
death or substantial bodily harm.
**Question 7.** A lawyer in a partnership learns that a partner has been
embezzling client funds. The lawyer’s duty to the client includes:
A) Reporting the misconduct to the bar association only.
B) Reporting the misconduct to the client and taking reasonable steps to rectify
the situation.
C) Ignoring the misconduct if the partner will reimburse the client.
D) Waiting until the client discovers the theft.
**Answer:** B
**Explanation:** The lawyer must protect the client’s interests, which includes
informing the client and taking steps to prevent further harm (Rule 1.13).
**Question 8.** Which of the following statements about multijurisdictional
practice is correct?
A) A lawyer may practice in any state for a single day without registering.
B) A lawyer may provide temporary services in a jurisdiction if the services are
related to a pending matter in which the lawyer is already licensed elsewhere.
C) A lawyer must be admitted to the bar of every state in which the lawyer sends
an email.
