MPRE STUDY GUIDE 2026 EXAM QUESTIONS AND
SOLUTIONS RATED A+
✔✔Conflicting Interests - Current Clients and Former Clients - ✔✔Generally: Lawyer
cannot have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in
former representation
✔✔Current Client Conflicts - Multiple Clients and Joint Representation - ✔✔1)Must have
reasonable belief of no adverse effect
2) Client gives written informed consent
✔✔Aggregation of settlement claims of multiple clients - ✔✔When representing two or
more clients, lawyer shall not make an aggregate settlement of claims with informed
consent in writing from each client after full review of entire settlement as to all parties,
which includes:
1) That the clients have come to an agreement among themselves about how the
aggregate sum will be shared;
2) Disclosure to each client of all the terms, including:L
-The total amount to be paid or received
-The details about other client's participation in the deal - who's getting what
-Lawyer's fee, how they'll be paid
-The existence and nature of all claims, defenses, and pleas involved in the settlement
3) These extensive disclosures may require the lawyer to share one client's confidential
information with the others, so at the outset of the case, the lawyer should get each
client's informed consent
✔✔Prospective Client Conflicts - ✔✔Prospective client: A person who consults with a
lawyer about the possibility of forming a client/lawyer relationship with respect to a
matter
An expectation of Protection and a relationship will be seen as established if:
-Client manifests intent that there is representation and lawyer agrees
-Client Manifests intent and lawyer fails to make it clear that there is not representation,
and lawyer knows or should know that the prospective client is reasonably relying on
representation
✔✔Imputed Conflicts - ✔✔Lawyers related as parent, child, sibling, or spouse shall not
represent adverse parties, unless full informed consent; but no rule of imputation
, ✔✔Judge or government employee who later goes onto private practice - ✔✔A judge or
government employee who later goes into private practice may not represent a party on
a matter she or he worked on personally
-Cannot take "matters" where previously acted or had substantial responsibility absent
written written informed consent, but no rule of imputation-so long as lawyer is
"screened off" from the case
✔✔What is a matter (as it applies to a government employee or judge who works on the
same matter as a private lawyer)? - ✔✔A matter a lawyer in private practice CAN take,
even though as a government lawyer/judge, he or she did the work:
-Drafting laws
-Compiling statistics
A matter a lawyer in private practice CANNOT take, when as a government
lawyer/judge, he did the work. However, someone else in the firm can take the case - so
long as the former government lawyer is timely "screened".
-Drafting contracts for the government
-If a judge, can't rule on merits then take appeal, as a lawyer
✔✔Elements of a "screen" - ✔✔1) Written disclosure to the other side
2) No working on or discussing case or access to file by "screened-off" attorney
3) No fee to "screened-off" attorney
✔✔Conflict of interest issues for "quick advice" programs. - ✔✔Quick-advice programs
are programs sponsored by a court or "nonprofit" organization: lawyer-client relationship
exists but only through the quick-advice stage and informed consent to the limited
scope of relationship required
-Conflict of interest rule: Relaxed, b/c lawyers don't have time to check, but where a
conflict is actually known to the lawyer, it cannot be ignored
-Actual knowledge can be inferred from the circumstances
-Where client hires lawyer after the quick advice (for regular and continued
representation), the conflict rules WILL apply
✔✔Maintaining Competence - ✔✔Competence is a 2 pronged duty:
1) Professional responsibility
2) Malpractice - Committing malpractice does not automatically mean a disciplinary rule
has been violated, and vise-versa
✔✔Civil liability to a client and malpractice vs. disciplinary process - ✔✔1) Recovery
comes from cause of action based in contract, tort or fiduciary relationship
2) Requires money loss & causation
-Causation "But for" meaning, but for the attorney's negligence, I would have won
3) Purpose of civil malpractice is COMPENSATION (Distinguished from Disciplinary
process which is to PUNISH) - Also, the disciplinary process doesn't require money loss
or causation.
SOLUTIONS RATED A+
✔✔Conflicting Interests - Current Clients and Former Clients - ✔✔Generally: Lawyer
cannot have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in
former representation
✔✔Current Client Conflicts - Multiple Clients and Joint Representation - ✔✔1)Must have
reasonable belief of no adverse effect
2) Client gives written informed consent
✔✔Aggregation of settlement claims of multiple clients - ✔✔When representing two or
more clients, lawyer shall not make an aggregate settlement of claims with informed
consent in writing from each client after full review of entire settlement as to all parties,
which includes:
1) That the clients have come to an agreement among themselves about how the
aggregate sum will be shared;
2) Disclosure to each client of all the terms, including:L
-The total amount to be paid or received
-The details about other client's participation in the deal - who's getting what
-Lawyer's fee, how they'll be paid
-The existence and nature of all claims, defenses, and pleas involved in the settlement
3) These extensive disclosures may require the lawyer to share one client's confidential
information with the others, so at the outset of the case, the lawyer should get each
client's informed consent
✔✔Prospective Client Conflicts - ✔✔Prospective client: A person who consults with a
lawyer about the possibility of forming a client/lawyer relationship with respect to a
matter
An expectation of Protection and a relationship will be seen as established if:
-Client manifests intent that there is representation and lawyer agrees
-Client Manifests intent and lawyer fails to make it clear that there is not representation,
and lawyer knows or should know that the prospective client is reasonably relying on
representation
✔✔Imputed Conflicts - ✔✔Lawyers related as parent, child, sibling, or spouse shall not
represent adverse parties, unless full informed consent; but no rule of imputation
, ✔✔Judge or government employee who later goes onto private practice - ✔✔A judge or
government employee who later goes into private practice may not represent a party on
a matter she or he worked on personally
-Cannot take "matters" where previously acted or had substantial responsibility absent
written written informed consent, but no rule of imputation-so long as lawyer is
"screened off" from the case
✔✔What is a matter (as it applies to a government employee or judge who works on the
same matter as a private lawyer)? - ✔✔A matter a lawyer in private practice CAN take,
even though as a government lawyer/judge, he or she did the work:
-Drafting laws
-Compiling statistics
A matter a lawyer in private practice CANNOT take, when as a government
lawyer/judge, he did the work. However, someone else in the firm can take the case - so
long as the former government lawyer is timely "screened".
-Drafting contracts for the government
-If a judge, can't rule on merits then take appeal, as a lawyer
✔✔Elements of a "screen" - ✔✔1) Written disclosure to the other side
2) No working on or discussing case or access to file by "screened-off" attorney
3) No fee to "screened-off" attorney
✔✔Conflict of interest issues for "quick advice" programs. - ✔✔Quick-advice programs
are programs sponsored by a court or "nonprofit" organization: lawyer-client relationship
exists but only through the quick-advice stage and informed consent to the limited
scope of relationship required
-Conflict of interest rule: Relaxed, b/c lawyers don't have time to check, but where a
conflict is actually known to the lawyer, it cannot be ignored
-Actual knowledge can be inferred from the circumstances
-Where client hires lawyer after the quick advice (for regular and continued
representation), the conflict rules WILL apply
✔✔Maintaining Competence - ✔✔Competence is a 2 pronged duty:
1) Professional responsibility
2) Malpractice - Committing malpractice does not automatically mean a disciplinary rule
has been violated, and vise-versa
✔✔Civil liability to a client and malpractice vs. disciplinary process - ✔✔1) Recovery
comes from cause of action based in contract, tort or fiduciary relationship
2) Requires money loss & causation
-Causation "But for" meaning, but for the attorney's negligence, I would have won
3) Purpose of civil malpractice is COMPENSATION (Distinguished from Disciplinary
process which is to PUNISH) - Also, the disciplinary process doesn't require money loss
or causation.
