Different Roles of the Lawyer – MPRE – Multistate Professional
Responsibility Examination – Academic Year 2026 – Study
Guide
In representing a client, a lawyer may perform various functions. What are the capacities a
lawyer may act in either when representing a client or in a non-representative capacity? -
ANS✔✔ In a representative capacity, a lawyer may act as a(n):
1) Advocate.
2) Negotiator
3) Advisor
4) Evaluator
In a non-representative capacity, a lawyer may act as:
A third-party neutral.
As an advisor to the client, a lawyer must render _____ advice. - ANS✔✔ Candid.
A lawyer is required to exercise independent professional judgment and render candid advice.
May a lawyer render advice not regarded to the law? - ANS✔✔ Yes.
A lawyer may render advice regarding moral, economic, social, and political factors which may
be relevant to the client's situation.
, Though a lawyer generally is not expected to give advice until asked by the client, a lawyer may
have to volunteer advice if _____? - ANS✔✔ The lawyer knows that his/her client proposes a
course of action that is likely to result in substantial adverse legal consequences to the client.
When may a lawyer provide an evaluation of a matter affecting a client for the use of someone
other than the client (i.e., a third person)? - ANS✔✔ A lawyer may provide an evaluation of a
matter affecting a client for the use of someone other than the client if the lawyer reasonably
believes that making the evaluation is compatible with other aspects of the lawyer's
relationship with the client.
If the lawyer knows or reasonably should know that the evaluation is likely to affect the client's
interests materially and adversely, the lawyer is not permitted to provide the evaluation unless
the client gives informed consent.
Note: Evaluations for third persons may give rise to a legal duty to the third person. When the
evaluation gives rise to a legal duty, the lawyer may be liable to that person for any negligence
in rendering the evaluation.
Is a lawyer hired by person A to conduct an investigation on person B subject to the same rules
as lawyers who are asked to evaluate their own clients for a third party? - ANS✔✔ No. Lawyers
retained by person A to investigate or analyze person B do not have a client-lawyer relationship
with person B. Therefore, the lawyer does not need person B's consent to disclose adverse
findings regarding person B.
If a lawyer is conducting a limited evaluation of the his or her client, must the lawyer disclose
the limitations to the third party receiving the evaluation? - ANS✔✔ Yes.
True or False, a lawyer engaging in negotiations is not allowed to make a false statement of
material fact or engage in dishonesty, fraud, deceit, or misrepresentation? - ANS✔✔ True.
Does a lawyer engaged in negotiations have a duty to volunteer facts that may undermine a
client's position? - ANS✔✔ No.
Responsibility Examination – Academic Year 2026 – Study
Guide
In representing a client, a lawyer may perform various functions. What are the capacities a
lawyer may act in either when representing a client or in a non-representative capacity? -
ANS✔✔ In a representative capacity, a lawyer may act as a(n):
1) Advocate.
2) Negotiator
3) Advisor
4) Evaluator
In a non-representative capacity, a lawyer may act as:
A third-party neutral.
As an advisor to the client, a lawyer must render _____ advice. - ANS✔✔ Candid.
A lawyer is required to exercise independent professional judgment and render candid advice.
May a lawyer render advice not regarded to the law? - ANS✔✔ Yes.
A lawyer may render advice regarding moral, economic, social, and political factors which may
be relevant to the client's situation.
, Though a lawyer generally is not expected to give advice until asked by the client, a lawyer may
have to volunteer advice if _____? - ANS✔✔ The lawyer knows that his/her client proposes a
course of action that is likely to result in substantial adverse legal consequences to the client.
When may a lawyer provide an evaluation of a matter affecting a client for the use of someone
other than the client (i.e., a third person)? - ANS✔✔ A lawyer may provide an evaluation of a
matter affecting a client for the use of someone other than the client if the lawyer reasonably
believes that making the evaluation is compatible with other aspects of the lawyer's
relationship with the client.
If the lawyer knows or reasonably should know that the evaluation is likely to affect the client's
interests materially and adversely, the lawyer is not permitted to provide the evaluation unless
the client gives informed consent.
Note: Evaluations for third persons may give rise to a legal duty to the third person. When the
evaluation gives rise to a legal duty, the lawyer may be liable to that person for any negligence
in rendering the evaluation.
Is a lawyer hired by person A to conduct an investigation on person B subject to the same rules
as lawyers who are asked to evaluate their own clients for a third party? - ANS✔✔ No. Lawyers
retained by person A to investigate or analyze person B do not have a client-lawyer relationship
with person B. Therefore, the lawyer does not need person B's consent to disclose adverse
findings regarding person B.
If a lawyer is conducting a limited evaluation of the his or her client, must the lawyer disclose
the limitations to the third party receiving the evaluation? - ANS✔✔ Yes.
True or False, a lawyer engaging in negotiations is not allowed to make a false statement of
material fact or engage in dishonesty, fraud, deceit, or misrepresentation? - ANS✔✔ True.
Does a lawyer engaged in negotiations have a duty to volunteer facts that may undermine a
client's position? - ANS✔✔ No.
