MPRE UPDATED 2026 EXAM SCRIPT QUESTIONS AND
SOLUTIONS RATED A+
✔✔An attorney represented an incarcerated, indigent criminal defendant on a pro bono
basis. At their initial meeting, the defendant was extremely fidgety. The defendant
explained that she was a smoker but had not had a cigarette since being imprisoned
because she had no money to buy cigarettes in the facility. The attorney gave the
defendant $50 to buy cigarettes without securing from the defendant a promise to repay
the money. Nevertheless, the defendant subsequently did repay the attorney. Was the
attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the client's
living expenses.
No, because an attorney must take steps to ensure that a client will repay any monetary
advances made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
Yes, because the defendant repaid the money to t - ✔✔Answer choice A is correct.
Financial assistance to a client is prohibited with respect to pending or planned
litigation, except that an attorney may advance litigation expenses and court costs. The
$50 in this case did not relate to such expenses and costs, and therefore it is prohibited.
Answer choice B is incorrect because an attorney may not generally provide money to a
client regardless of whether there is a prior agreement by the client to repay it. Answer
choice C is incorrect because although an attorney representing an indigent client may
advance court costs and litigation expenses regardless of whether the funds will be
repaid, an attorney may not provide other forms of financial assistance. The money in
this case did not relate to court costs or litigation expenses, and thus it would be
prohibited. Answer choice D is incorrect because, even though the client repaid the
attorney, an attorney is prohibited from providing a client with funds for living expenses.
✔✔An author engaged an attorney to represent him in a copyright infringement action.
The representation agreement contained a provision that required the parties to submit
all disputes, including malpractice disputes, to arbitration. The attorney did not discuss
this provision with the author, nor did he advise him to seek independent counsel with
regard to it. The infringement action was successful, and no dispute arose between the
author and the attorney. Consequently, the provision was not enforced. The applicable
jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to
discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
, Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney - ✔✔Answer choice C is correct. An attorney may enter into
an arbitration agreement with a client with regard to a malpractice dispute if such an
agreement is permitted by the applicable jurisdiction. However, the client must be fully
informed as to the scope and effect of the agreement. Because the attorney failed to
provide the client with such information, the attorney is subject to discipline for this
failure. Answer choice A is incorrect because, although an arbitration provision is only
enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his
ethical obligations, an attorney must ensure that the client is fully informed as to the
scope and effect of the agreement. Answer choice B is incorrect because the lack of
enforcement of the provision can affect whether the attorney is sanctioned for the
violation, but it does not erase the attorney's failure to adhere to his ethical obligations.
Answer choice D is incorrect because, while the client must be fully informed as to the
scope and effect of the arbitration agreement, the attorney is not required to advise the
client to seek independent counsel.
✔✔Two friends were involved in a car accident and hired an attorney to represent them
as co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case. The
clients suggested vastly different amounts. The attorney received a large settlement
offer that met the individual requirements of each party, though each party would
receive significantly different amounts in the settlement. He called both clients into his
office separately to discuss settlement. Both clients immediately consented in writing to
the agreement, though neither was aware of the amount received by the other. The
attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients
disclosed to the other the amount he had received in the settlemen - ✔✔Answer choice
D is correct. An attorney representing co-parties may make an aggregate settlement
only if both clients consent in writing after full consultation and disclosure by the
attorney, including disclosure of the nature and extent of all claims and pleas, and the
participation of each party in the settlement. Here, the attorney did not disclose the
nature and extent of the offer and the participation of each party in the settlement before
accepting the settlement offer. Answer choice A is incorrect because the attorney did
not make a full disclosure about the settlement to each party before he accepted the
offers; it is irrelevant whether the amount was aligned with the original amount specified
by each party. Answer choice B is incorrect because the attorney did not make a full
disclosure regarding the settlement to the clients before they accepted the settlement in
writing. Answer choice C is incorrect because an attorney may represent co-parties
receiving different settlement amounts as long as the attorney makes a full disclosure to
each client.
✔✔An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him. The
SOLUTIONS RATED A+
✔✔An attorney represented an incarcerated, indigent criminal defendant on a pro bono
basis. At their initial meeting, the defendant was extremely fidgety. The defendant
explained that she was a smoker but had not had a cigarette since being imprisoned
because she had no money to buy cigarettes in the facility. The attorney gave the
defendant $50 to buy cigarettes without securing from the defendant a promise to repay
the money. Nevertheless, the defendant subsequently did repay the attorney. Was the
attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the client's
living expenses.
No, because an attorney must take steps to ensure that a client will repay any monetary
advances made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
Yes, because the defendant repaid the money to t - ✔✔Answer choice A is correct.
Financial assistance to a client is prohibited with respect to pending or planned
litigation, except that an attorney may advance litigation expenses and court costs. The
$50 in this case did not relate to such expenses and costs, and therefore it is prohibited.
Answer choice B is incorrect because an attorney may not generally provide money to a
client regardless of whether there is a prior agreement by the client to repay it. Answer
choice C is incorrect because although an attorney representing an indigent client may
advance court costs and litigation expenses regardless of whether the funds will be
repaid, an attorney may not provide other forms of financial assistance. The money in
this case did not relate to court costs or litigation expenses, and thus it would be
prohibited. Answer choice D is incorrect because, even though the client repaid the
attorney, an attorney is prohibited from providing a client with funds for living expenses.
✔✔An author engaged an attorney to represent him in a copyright infringement action.
The representation agreement contained a provision that required the parties to submit
all disputes, including malpractice disputes, to arbitration. The attorney did not discuss
this provision with the author, nor did he advise him to seek independent counsel with
regard to it. The infringement action was successful, and no dispute arose between the
author and the attorney. Consequently, the provision was not enforced. The applicable
jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to
discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
, Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney - ✔✔Answer choice C is correct. An attorney may enter into
an arbitration agreement with a client with regard to a malpractice dispute if such an
agreement is permitted by the applicable jurisdiction. However, the client must be fully
informed as to the scope and effect of the agreement. Because the attorney failed to
provide the client with such information, the attorney is subject to discipline for this
failure. Answer choice A is incorrect because, although an arbitration provision is only
enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his
ethical obligations, an attorney must ensure that the client is fully informed as to the
scope and effect of the agreement. Answer choice B is incorrect because the lack of
enforcement of the provision can affect whether the attorney is sanctioned for the
violation, but it does not erase the attorney's failure to adhere to his ethical obligations.
Answer choice D is incorrect because, while the client must be fully informed as to the
scope and effect of the arbitration agreement, the attorney is not required to advise the
client to seek independent counsel.
✔✔Two friends were involved in a car accident and hired an attorney to represent them
as co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case. The
clients suggested vastly different amounts. The attorney received a large settlement
offer that met the individual requirements of each party, though each party would
receive significantly different amounts in the settlement. He called both clients into his
office separately to discuss settlement. Both clients immediately consented in writing to
the agreement, though neither was aware of the amount received by the other. The
attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients
disclosed to the other the amount he had received in the settlemen - ✔✔Answer choice
D is correct. An attorney representing co-parties may make an aggregate settlement
only if both clients consent in writing after full consultation and disclosure by the
attorney, including disclosure of the nature and extent of all claims and pleas, and the
participation of each party in the settlement. Here, the attorney did not disclose the
nature and extent of the offer and the participation of each party in the settlement before
accepting the settlement offer. Answer choice A is incorrect because the attorney did
not make a full disclosure about the settlement to each party before he accepted the
offers; it is irrelevant whether the amount was aligned with the original amount specified
by each party. Answer choice B is incorrect because the attorney did not make a full
disclosure regarding the settlement to the clients before they accepted the settlement in
writing. Answer choice C is incorrect because an attorney may represent co-parties
receiving different settlement amounts as long as the attorney makes a full disclosure to
each client.
✔✔An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him. The
