MPRE COMPREHENSIVE EXAM 2026 UPDATED
QUESTIONS AND SOLUTIONS RATED A+
✔11. An attorney has applied to make a lateral move from her firm to Big Firm, and she
has already gone through the first two of three rounds of interviews for the position.
Then the attorney agrees to represent a client in filing a breach of contract claim against
Construction Company over a commercial development project. Big Firm is
representing Construction Company, and the firm's lawyers drafted the contract that
forms the basis of the client's complaint. The client claims that Construction Company
breached a certain provision of the contract that is ambiguous; Construction Company
is confident that its conduct falls within the contractual language in that provision. Is it
proper for the attorney to undertake representation of the client in this case?
a) Yes, assuming the client gives informed consent to the representation despite the
conflict of interest here.
b) Yes, because there is no clear conflict of int - ✔✔d) No, because when a lawyer has
discussions concerning potential employment with an opponent of the lawyer's client, or
with a law firm representing the opponent, such discussions could materially limit the
lawyer's representation of the client.
✔✔12. A group of several individuals seeking to form a joint venture asked an attorney
to represent them in drafting the necessary documents and making the necessary filings
with government agencies. Two of the individuals were to provide most of the initial
funds for the startup; two others were experienced inventors who were to provide new
product designs; two others had expertise in business management and were to serve
as managers; and two had proven records in high-end sales and marketing. They have
not yet resolved the allocation of ownership shares, bonuses for managers, whether to
have anti-compete agreements for each participant, whether patents will belong solely
to the joint venture or partly to the inventors themselves, and whether sales reps will
work on salary or commissions. Everyone says that she wants whatever terms would be
best for the joint venture overall, rather than what would be most beneficial - ✔✔c) No,
the situation is likely to limit materially Attorney's ability to recommend or advocate all
potential positions that each might take because of his duty of loyalty to the others;
representing the group's overall interests in effect forecloses alternatives that would
otherwise be available to the client.
✔✔13. Three individuals hire an attorney to represent them as co-defendants in a tort
action. At the outset, the attorney tells them that there could be a potential conflict of
interest if he represents all three of them, and that they will need to sign informed
consent forms, which they do. The three individuals have common goals and interests
in the litigation, so they do not hesitate to sign the forms or inquire further about the
implications of the potential conflicts. No further discussion occurs about the issue, and
Attorney proceeds with the representation. Could the attorney end up having a duty to
,withdraw from representation later in the litigation, if the clients gave written consent to
the shared representation at the outset?
a) Yes, when undertaking representation of multiple clients in a single matter, the
information must include the implications of the common representation, including
potential effect - ✔✔a) Yes, when undertaking representation of multiple clients in a
single matter, the information must include the implications of the common
representation, including potential effects on loyalty, confidentiality and the attorney-
client privilege and the advantages and risks involved.
✔✔14. Husband and Wife wanted to hire a certain attorney to prepare their wills. Before
the formalities of representation were final, husband spoke with the attorney privately by
phone and disclosed that Husband had been having an affair, and that his lover might
be pregnant. Husband forbids the attorney to tell Wife about this. Then the attorney
realizes there could be potential conflicts of interest between husband and wife about
the wills, distribution of assets, potential challenges to the will by offspring from outside
the marriage, and potential claims for child support against Husband's estate. Would it
be proper for the attorney to proceed with representing Husband and Wife in preparing
their wills?
a) Yes, assuming each provides written consent after receiving warnings about the
potential conflicts that often emerge in dual representation.
b) Yes, because this is a transactional matter, not litigation in wh - ✔✔c) No, because
the attorney cannot violate the duty of confidentiality to Husband, which would be
necessary to obtain informed consent from Wife.
✔✔15. Business Manager and Shift Supervisor, who worked at a customer service call-
center, became co-defendants in a lawsuit by a disgruntled former employee. The
plaintiff claimed to have been the victim of gender discrimination in the form of a hostile
work environment, as well as intentional and negligent infliction of emotional distress
related to the same factual allegations about her treatment at the workplace. Business
Manager hired a certain attorney to represent both himself and the Shift Supervisor,
who had been the plaintiff's direct superior. Based on Business Manager's initial
investigation and review of the personnel files of the plaintiff and the Shift Manager, he
believes the allegations are baseless and that the suit will end in a dismissal or
summary judgment before trial. Shift Supervisor had a spotless work history, but the
plaintiff had numerous interpersonal conflicts with her peers, was frequentl - ✔✔b) Yes,
the attorney can potentially continue representing Shift Supervisor but not Business
Manager, given the nature of the conflict, the fact that Business Manager revoked
consent because of a material change in circumstances, the expectations of Shift
Supervisor, and so on.
,✔✔16. An attorney has a private practice in a large rural township, and she specializes
in commercial real estate transactions, such as the sale and lease of farmland, stables,
granaries, and mills. As the only lawyer in the township with expertise in this area, she
has represented most of the parties who buy and sell commercial real estate there. As a
result, most of her clients pose potential conflicts of interest with other current, former,
or future clients, so the attorney has a standard "waiver of future conflicts" form that
explains conflicts of interest that typically arise in commercial real estate transactions,
and she asks every client to sign it at the commencement of representation. The client
is a major landholder in the township, who inherited extensive tracts of farmland from
his family, who in previous generations were some of the original settlers in the area.
Over the years, Client has sold off dozen - ✔✔a) Yes, if the client agrees to consent to a
specific type of conflict with which the client is already familiar, then the consent
ordinarily will be effective regarding that type of conflict.
✔✔17. An attorney represented a client in a residential real estate transaction. At the
same time, the attorney agreed to represent the defendant in a large class-action
lawsuit, an alcoholic beverage maker that understated the alcohol content of its
products on its labels, leading to numerous cases of inadvertent intoxication, liver
damage from continuous consumption, and a few deaths from overconsumption that led
to alcohol poisoning. The client was an unnamed member of the plaintiff class in the
class-action lawsuit against the alcohol producer. The attorney did not inform the client
that he was representing the defendant in the class-action lawsuit or seek consent from
the client or from the alcohol producer. Plaintiffs' counsel in the class action lawsuit
discovered this situation, and he asked the court to disqualify the attorney from
representing the defendant. Should the attorney be subject to disqualification - ✔✔c)
No, because a lawyer seeking to represent an opponent in a class action does not
typically need the consent of an unnamed member of the class whom the lawyer
represents in an unrelated matter.
✔✔18. Two separate clients hired the same attorney, signing their retainer agreements
one week apart, on unrelated matters, though both involve property owners' rights under
the state's common law doctrine of public trust for beaches, which guarantees public
access to beaches up to the vegetation line on the shore. In one case, erosion has
moved the boundary back on the property owner's lot to the point where his house is
now clearly on the public access portion, and he seeks a declaratory judgment that
erosion cannot jeopardize the private ownership of a building and its curtilage. Current
public trust doctrine in the state would suggest that the property owner has lost all the
value in his property, so he needs to seek a change or exception to the current law. The
other case involves a property owner whose lots had always been separated from the
beach by a small public park, but erosion has eliminated the park and gi - ✔✔c) Yes, a
conflict of interest exists if there is a significant risk that a lawyer's action on behalf of
one client will materially limit the lawyer's effectiveness in representing another client in
a different case, as when a decision favoring one client will create a precedent likely to
seriously weaken the position taken on behalf of the other client.
, ✔✔19. An experienced attorney handles claims against banks for many clients for
issues regarding the failure of banks to investigate in a timely manner claims of fraud or
unauthorized use of bankcards. Most of the attorney's work consists of sending demand
letters, and most cases never actually result in the filing of a suit. Bank, a small local
bank, retains the attorney to handle a certain claim against a customer for non-payment
of a loan. The attorney has not represented any clients against Bank. Even so, the
attorney includes in his contract for services a clause in which Bank waives any conflicts
that may arise in the future - conflicts that involve the attorney representing clients
against Bank for issues regarding failure to investigate claims of fraud or unauthorized
use of bankcards. Is the attorney's conduct proper?
a) Yes, attorneys may include waivers of future conflicts assuming clients are aware of
the - ✔✔b) Yes, attorneys can include waiver clauses for specific future conflicts in their
contracts, if the clients are aware of the waiver, and if the contract delineates the types
of future representations that may arise.
✔✔20. A certain attorney represents Conglomerate Corporation in a regulatory
compliance matter, drafting documents for Conglomerate to file with the Securities and
Exchange Commission and the Federal Trade Commission regarding executive salaries
(for the SEC) and product market share (for the FTC's antitrust inquiry). Conglomerate
Corporation owns or co-owns numerous subsidiaries and affiliates in unrelated
industries. This attorney's retainer agreement limits his representation exclusively to the
SEC and FTC regulatory matters. Victim hires the attorney to represent him in a
personal injury suit against Subsidiary Corporation, partly owned by Conglomerate
Corporation, over a slip and fall accident in Subsidiary's parking lot. Is it proper for the
attorney to represent Victim in a tort action against an affiliate or subsidiary of his other
client, Conglomerate Corporation?
a) Yes, a lawyer who represents a corporatio - ✔✔a) Yes, a lawyer who represents a
corporation or other organization does not, by virtue of that representation, necessarily
represent any constituent or affiliated organization, such as a parent or subsidiary, and
the lawyer for an organization may provide representation adverse to an affiliate in an
unrelated matter.
✔✔21. The Workers' Union at a manufacturing plant is having annual collective
bargaining negotiations with the Management. Wages and benefits are not in dispute
this year, as the parties reached an agreement in the previous year's collective
bargaining about a five-year schedule for wages and benefits that was acceptable to
both the Union and Management. The sole issue in dispute this year is about hiring. The
Workers' Union wants the plant to hire five or six new assembly line workers so that
there will be more efficiency and more flexibility for workers requesting days off or
changes in their shifts. The Management wants to hire fewer new workers, potentially
two at most, to keep payroll costs down and their stock share prices high. The Union
and Management agree to hire a certain attorney, an experienced labor lawyer at an
QUESTIONS AND SOLUTIONS RATED A+
✔11. An attorney has applied to make a lateral move from her firm to Big Firm, and she
has already gone through the first two of three rounds of interviews for the position.
Then the attorney agrees to represent a client in filing a breach of contract claim against
Construction Company over a commercial development project. Big Firm is
representing Construction Company, and the firm's lawyers drafted the contract that
forms the basis of the client's complaint. The client claims that Construction Company
breached a certain provision of the contract that is ambiguous; Construction Company
is confident that its conduct falls within the contractual language in that provision. Is it
proper for the attorney to undertake representation of the client in this case?
a) Yes, assuming the client gives informed consent to the representation despite the
conflict of interest here.
b) Yes, because there is no clear conflict of int - ✔✔d) No, because when a lawyer has
discussions concerning potential employment with an opponent of the lawyer's client, or
with a law firm representing the opponent, such discussions could materially limit the
lawyer's representation of the client.
✔✔12. A group of several individuals seeking to form a joint venture asked an attorney
to represent them in drafting the necessary documents and making the necessary filings
with government agencies. Two of the individuals were to provide most of the initial
funds for the startup; two others were experienced inventors who were to provide new
product designs; two others had expertise in business management and were to serve
as managers; and two had proven records in high-end sales and marketing. They have
not yet resolved the allocation of ownership shares, bonuses for managers, whether to
have anti-compete agreements for each participant, whether patents will belong solely
to the joint venture or partly to the inventors themselves, and whether sales reps will
work on salary or commissions. Everyone says that she wants whatever terms would be
best for the joint venture overall, rather than what would be most beneficial - ✔✔c) No,
the situation is likely to limit materially Attorney's ability to recommend or advocate all
potential positions that each might take because of his duty of loyalty to the others;
representing the group's overall interests in effect forecloses alternatives that would
otherwise be available to the client.
✔✔13. Three individuals hire an attorney to represent them as co-defendants in a tort
action. At the outset, the attorney tells them that there could be a potential conflict of
interest if he represents all three of them, and that they will need to sign informed
consent forms, which they do. The three individuals have common goals and interests
in the litigation, so they do not hesitate to sign the forms or inquire further about the
implications of the potential conflicts. No further discussion occurs about the issue, and
Attorney proceeds with the representation. Could the attorney end up having a duty to
,withdraw from representation later in the litigation, if the clients gave written consent to
the shared representation at the outset?
a) Yes, when undertaking representation of multiple clients in a single matter, the
information must include the implications of the common representation, including
potential effect - ✔✔a) Yes, when undertaking representation of multiple clients in a
single matter, the information must include the implications of the common
representation, including potential effects on loyalty, confidentiality and the attorney-
client privilege and the advantages and risks involved.
✔✔14. Husband and Wife wanted to hire a certain attorney to prepare their wills. Before
the formalities of representation were final, husband spoke with the attorney privately by
phone and disclosed that Husband had been having an affair, and that his lover might
be pregnant. Husband forbids the attorney to tell Wife about this. Then the attorney
realizes there could be potential conflicts of interest between husband and wife about
the wills, distribution of assets, potential challenges to the will by offspring from outside
the marriage, and potential claims for child support against Husband's estate. Would it
be proper for the attorney to proceed with representing Husband and Wife in preparing
their wills?
a) Yes, assuming each provides written consent after receiving warnings about the
potential conflicts that often emerge in dual representation.
b) Yes, because this is a transactional matter, not litigation in wh - ✔✔c) No, because
the attorney cannot violate the duty of confidentiality to Husband, which would be
necessary to obtain informed consent from Wife.
✔✔15. Business Manager and Shift Supervisor, who worked at a customer service call-
center, became co-defendants in a lawsuit by a disgruntled former employee. The
plaintiff claimed to have been the victim of gender discrimination in the form of a hostile
work environment, as well as intentional and negligent infliction of emotional distress
related to the same factual allegations about her treatment at the workplace. Business
Manager hired a certain attorney to represent both himself and the Shift Supervisor,
who had been the plaintiff's direct superior. Based on Business Manager's initial
investigation and review of the personnel files of the plaintiff and the Shift Manager, he
believes the allegations are baseless and that the suit will end in a dismissal or
summary judgment before trial. Shift Supervisor had a spotless work history, but the
plaintiff had numerous interpersonal conflicts with her peers, was frequentl - ✔✔b) Yes,
the attorney can potentially continue representing Shift Supervisor but not Business
Manager, given the nature of the conflict, the fact that Business Manager revoked
consent because of a material change in circumstances, the expectations of Shift
Supervisor, and so on.
,✔✔16. An attorney has a private practice in a large rural township, and she specializes
in commercial real estate transactions, such as the sale and lease of farmland, stables,
granaries, and mills. As the only lawyer in the township with expertise in this area, she
has represented most of the parties who buy and sell commercial real estate there. As a
result, most of her clients pose potential conflicts of interest with other current, former,
or future clients, so the attorney has a standard "waiver of future conflicts" form that
explains conflicts of interest that typically arise in commercial real estate transactions,
and she asks every client to sign it at the commencement of representation. The client
is a major landholder in the township, who inherited extensive tracts of farmland from
his family, who in previous generations were some of the original settlers in the area.
Over the years, Client has sold off dozen - ✔✔a) Yes, if the client agrees to consent to a
specific type of conflict with which the client is already familiar, then the consent
ordinarily will be effective regarding that type of conflict.
✔✔17. An attorney represented a client in a residential real estate transaction. At the
same time, the attorney agreed to represent the defendant in a large class-action
lawsuit, an alcoholic beverage maker that understated the alcohol content of its
products on its labels, leading to numerous cases of inadvertent intoxication, liver
damage from continuous consumption, and a few deaths from overconsumption that led
to alcohol poisoning. The client was an unnamed member of the plaintiff class in the
class-action lawsuit against the alcohol producer. The attorney did not inform the client
that he was representing the defendant in the class-action lawsuit or seek consent from
the client or from the alcohol producer. Plaintiffs' counsel in the class action lawsuit
discovered this situation, and he asked the court to disqualify the attorney from
representing the defendant. Should the attorney be subject to disqualification - ✔✔c)
No, because a lawyer seeking to represent an opponent in a class action does not
typically need the consent of an unnamed member of the class whom the lawyer
represents in an unrelated matter.
✔✔18. Two separate clients hired the same attorney, signing their retainer agreements
one week apart, on unrelated matters, though both involve property owners' rights under
the state's common law doctrine of public trust for beaches, which guarantees public
access to beaches up to the vegetation line on the shore. In one case, erosion has
moved the boundary back on the property owner's lot to the point where his house is
now clearly on the public access portion, and he seeks a declaratory judgment that
erosion cannot jeopardize the private ownership of a building and its curtilage. Current
public trust doctrine in the state would suggest that the property owner has lost all the
value in his property, so he needs to seek a change or exception to the current law. The
other case involves a property owner whose lots had always been separated from the
beach by a small public park, but erosion has eliminated the park and gi - ✔✔c) Yes, a
conflict of interest exists if there is a significant risk that a lawyer's action on behalf of
one client will materially limit the lawyer's effectiveness in representing another client in
a different case, as when a decision favoring one client will create a precedent likely to
seriously weaken the position taken on behalf of the other client.
, ✔✔19. An experienced attorney handles claims against banks for many clients for
issues regarding the failure of banks to investigate in a timely manner claims of fraud or
unauthorized use of bankcards. Most of the attorney's work consists of sending demand
letters, and most cases never actually result in the filing of a suit. Bank, a small local
bank, retains the attorney to handle a certain claim against a customer for non-payment
of a loan. The attorney has not represented any clients against Bank. Even so, the
attorney includes in his contract for services a clause in which Bank waives any conflicts
that may arise in the future - conflicts that involve the attorney representing clients
against Bank for issues regarding failure to investigate claims of fraud or unauthorized
use of bankcards. Is the attorney's conduct proper?
a) Yes, attorneys may include waivers of future conflicts assuming clients are aware of
the - ✔✔b) Yes, attorneys can include waiver clauses for specific future conflicts in their
contracts, if the clients are aware of the waiver, and if the contract delineates the types
of future representations that may arise.
✔✔20. A certain attorney represents Conglomerate Corporation in a regulatory
compliance matter, drafting documents for Conglomerate to file with the Securities and
Exchange Commission and the Federal Trade Commission regarding executive salaries
(for the SEC) and product market share (for the FTC's antitrust inquiry). Conglomerate
Corporation owns or co-owns numerous subsidiaries and affiliates in unrelated
industries. This attorney's retainer agreement limits his representation exclusively to the
SEC and FTC regulatory matters. Victim hires the attorney to represent him in a
personal injury suit against Subsidiary Corporation, partly owned by Conglomerate
Corporation, over a slip and fall accident in Subsidiary's parking lot. Is it proper for the
attorney to represent Victim in a tort action against an affiliate or subsidiary of his other
client, Conglomerate Corporation?
a) Yes, a lawyer who represents a corporatio - ✔✔a) Yes, a lawyer who represents a
corporation or other organization does not, by virtue of that representation, necessarily
represent any constituent or affiliated organization, such as a parent or subsidiary, and
the lawyer for an organization may provide representation adverse to an affiliate in an
unrelated matter.
✔✔21. The Workers' Union at a manufacturing plant is having annual collective
bargaining negotiations with the Management. Wages and benefits are not in dispute
this year, as the parties reached an agreement in the previous year's collective
bargaining about a five-year schedule for wages and benefits that was acceptable to
both the Union and Management. The sole issue in dispute this year is about hiring. The
Workers' Union wants the plant to hire five or six new assembly line workers so that
there will be more efficiency and more flexibility for workers requesting days off or
changes in their shifts. The Management wants to hire fewer new workers, potentially
two at most, to keep payroll costs down and their stock share prices high. The Union
and Management agree to hire a certain attorney, an experienced labor lawyer at an
