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Multistate Professional Responsibility Examination
(MPRE): Full-Length Test and Analysis | Questions
and Detailed Answers
OVERVIEW DESCRIPTION:
The Multistate Professional Responsibility Examination (MPRE) is a standardized, two-hour test
comprising 60 multiple-choice questions, of which 50 are scored. Developed by the National
Conference of Bar Examiners (NCBE), its sole purpose is to measure an examinee's knowledge
and understanding of the established standards of professional conduct for lawyers. The exam
focuses on universally recognized principles, primarily drawing from the American Bar
Association (ABA) Model Rules of Professional Conduct and the ABA Model Code of Judicial
Conduct. By testing on widely adopted ethical norms rather than the specific rules of any single
jurisdiction, the MPRE provides a uniform national standard for assessing the ethical fitness of
prospective lawyers.
QUESTION 1
A lawyer representing a defendant in a personal injury lawsuit has a client who wishes
to testify falsely about a key fact that would establish the client's innocence. The
lawyer has advised the client that this is improper, but the client insists on testifying.
What is the lawyer's ethical obligation?
A. Move to withdraw from the representation before the client testifies.
B. Inform the court that the client intends to testify falsely.
C. Allow the client to testify in a narrative fashion without the lawyer's questioning.
D. Refuse to allow the client to take the stand.
CORRECT ANSWER: A
EXPERT RATIONALE: A lawyer cannot knowingly offer false evidence. If the client
insists on testifying falsely, the lawyer must first try to dissuade them; if unsuccessful,
the lawyer must seek to withdraw before the testimony is given.
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QUESTION 2
A prosecutor is trying a criminal case. The defense attorney makes an error during
opening statements that significantly harms the defense's case. The prosecutor
recognizes the error but says nothing to correct it. Has the prosecutor violated an
ethical duty?
A. Yes, because a prosecutor has a duty to ensure the defendant receives a fair trial.
B. Yes, because all lawyers have a duty of candor to the tribunal.
C. No, because a prosecutor has no duty to correct an opponent's tactical errors.
D. No, because the defense attorney's error does not relate to a matter of law.
CORRECT ANSWER: C
EXPERT RATIONALE: A prosecutor's duty is to see that justice is done, but this does not
require correcting an opponent's strategic mistakes or errors in judgment. The duty of
candor generally applies to disclosing one's own misstatements, not correcting an
adversary's errors.
QUESTION 3
A lawyer has represented a husband and wife in the formation of several business
entities over the past ten years. The husband now wants the lawyer to represent him
in a divorce proceeding against the wife. The wife objects to the representation. What
should the lawyer do?
A. Represent the husband because the previous representation was unrelated to the
divorce.
B. Represent the husband only if he consents after full disclosure of the risks.
C. Not represent the husband because the representation would be adverse to a
former client.
D. Represent the husband because the wife is only a former client, not a current client.
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CORRECT ANSWER: C
EXPERT RATIONALE: A lawyer cannot represent a client whose interests are materially
adverse to a former client in the same or a substantially related matter. The divorce is
substantially related to the prior joint representation of the marriage, and the wife's
objection is presumptively disqualifying.
QUESTION 4
A judge's former law partner appears as counsel in a case before the judge. The case
involves a routine contract dispute with no complex issues. The judge feels fully
capable of being impartial. Must the judge disclose the prior relationship?
A. No, because the judge believes they can be impartial.
B. No, because the matter is routine and the prior partner is not a current partner.
C. Yes, but only if a party objects to the judge presiding.
D. Yes, because the judge's impartiality might reasonably be questioned.
CORRECT ANSWER: D
EXPERT RATIONALE: Under the Code of Judicial Conduct, a judge must disqualify
themselves or disclose on the record any relationship or circumstance that could
create a reasonable question about their impartiality, including prior close
professional associations.
QUESTION 5
An attorney is retained to handle an administrative appeal for a client. The attorney has
never handled an administrative appeal before and is unfamiliar with the agency's
specific procedural rules. What is the attorney's ethical obligation?
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A. The attorney must decline the representation due to lack of experience.
B. The attorney must associate with a lawyer who is competent in this area.
C. The attorney can take the case but must study the rules and become competent
before proceeding.
D. The attorney can rely on co-counsel or staff to handle all matters related to
procedure.
CORRECT ANSWER: C
EXPERT RATIONALE: Competence does not require prior experience. A lawyer can
accept a case in an unfamiliar area if they acquire the necessary learning and skill
through study and investigation, or by associating with competent counsel, before the
representation requires it .
QUESTION 6
A lawyer, who is a member of the state bar, learns that another lawyer in their firm
has misappropriated client funds from the firm's trust account. The lawyer does not
work on the trust account or with the dishonest lawyer. What is the lawyer's obligation
under the Model Rules?
A. The lawyer must report the misconduct to the appropriate professional authority.
B. The lawyer has no obligation to report because the misconduct was not witnessed
firsthand.
C. The lawyer must first confront the dishonest lawyer and demand restitution.
D. The lawyer must withdraw from the firm to avoid imputed disqualification.
CORRECT ANSWER: A
EXPERT RATIONALE: A lawyer who knows of another lawyer's misconduct that raises a
substantial question as to that lawyer's honesty, trustworthiness, or fitness as a
Multistate Professional Responsibility Examination
(MPRE): Full-Length Test and Analysis | Questions
and Detailed Answers
OVERVIEW DESCRIPTION:
The Multistate Professional Responsibility Examination (MPRE) is a standardized, two-hour test
comprising 60 multiple-choice questions, of which 50 are scored. Developed by the National
Conference of Bar Examiners (NCBE), its sole purpose is to measure an examinee's knowledge
and understanding of the established standards of professional conduct for lawyers. The exam
focuses on universally recognized principles, primarily drawing from the American Bar
Association (ABA) Model Rules of Professional Conduct and the ABA Model Code of Judicial
Conduct. By testing on widely adopted ethical norms rather than the specific rules of any single
jurisdiction, the MPRE provides a uniform national standard for assessing the ethical fitness of
prospective lawyers.
QUESTION 1
A lawyer representing a defendant in a personal injury lawsuit has a client who wishes
to testify falsely about a key fact that would establish the client's innocence. The
lawyer has advised the client that this is improper, but the client insists on testifying.
What is the lawyer's ethical obligation?
A. Move to withdraw from the representation before the client testifies.
B. Inform the court that the client intends to testify falsely.
C. Allow the client to testify in a narrative fashion without the lawyer's questioning.
D. Refuse to allow the client to take the stand.
CORRECT ANSWER: A
EXPERT RATIONALE: A lawyer cannot knowingly offer false evidence. If the client
insists on testifying falsely, the lawyer must first try to dissuade them; if unsuccessful,
the lawyer must seek to withdraw before the testimony is given.
,2|Page
QUESTION 2
A prosecutor is trying a criminal case. The defense attorney makes an error during
opening statements that significantly harms the defense's case. The prosecutor
recognizes the error but says nothing to correct it. Has the prosecutor violated an
ethical duty?
A. Yes, because a prosecutor has a duty to ensure the defendant receives a fair trial.
B. Yes, because all lawyers have a duty of candor to the tribunal.
C. No, because a prosecutor has no duty to correct an opponent's tactical errors.
D. No, because the defense attorney's error does not relate to a matter of law.
CORRECT ANSWER: C
EXPERT RATIONALE: A prosecutor's duty is to see that justice is done, but this does not
require correcting an opponent's strategic mistakes or errors in judgment. The duty of
candor generally applies to disclosing one's own misstatements, not correcting an
adversary's errors.
QUESTION 3
A lawyer has represented a husband and wife in the formation of several business
entities over the past ten years. The husband now wants the lawyer to represent him
in a divorce proceeding against the wife. The wife objects to the representation. What
should the lawyer do?
A. Represent the husband because the previous representation was unrelated to the
divorce.
B. Represent the husband only if he consents after full disclosure of the risks.
C. Not represent the husband because the representation would be adverse to a
former client.
D. Represent the husband because the wife is only a former client, not a current client.
,3|Page
CORRECT ANSWER: C
EXPERT RATIONALE: A lawyer cannot represent a client whose interests are materially
adverse to a former client in the same or a substantially related matter. The divorce is
substantially related to the prior joint representation of the marriage, and the wife's
objection is presumptively disqualifying.
QUESTION 4
A judge's former law partner appears as counsel in a case before the judge. The case
involves a routine contract dispute with no complex issues. The judge feels fully
capable of being impartial. Must the judge disclose the prior relationship?
A. No, because the judge believes they can be impartial.
B. No, because the matter is routine and the prior partner is not a current partner.
C. Yes, but only if a party objects to the judge presiding.
D. Yes, because the judge's impartiality might reasonably be questioned.
CORRECT ANSWER: D
EXPERT RATIONALE: Under the Code of Judicial Conduct, a judge must disqualify
themselves or disclose on the record any relationship or circumstance that could
create a reasonable question about their impartiality, including prior close
professional associations.
QUESTION 5
An attorney is retained to handle an administrative appeal for a client. The attorney has
never handled an administrative appeal before and is unfamiliar with the agency's
specific procedural rules. What is the attorney's ethical obligation?
, 4|Page
A. The attorney must decline the representation due to lack of experience.
B. The attorney must associate with a lawyer who is competent in this area.
C. The attorney can take the case but must study the rules and become competent
before proceeding.
D. The attorney can rely on co-counsel or staff to handle all matters related to
procedure.
CORRECT ANSWER: C
EXPERT RATIONALE: Competence does not require prior experience. A lawyer can
accept a case in an unfamiliar area if they acquire the necessary learning and skill
through study and investigation, or by associating with competent counsel, before the
representation requires it .
QUESTION 6
A lawyer, who is a member of the state bar, learns that another lawyer in their firm
has misappropriated client funds from the firm's trust account. The lawyer does not
work on the trust account or with the dishonest lawyer. What is the lawyer's obligation
under the Model Rules?
A. The lawyer must report the misconduct to the appropriate professional authority.
B. The lawyer has no obligation to report because the misconduct was not witnessed
firsthand.
C. The lawyer must first confront the dishonest lawyer and demand restitution.
D. The lawyer must withdraw from the firm to avoid imputed disqualification.
CORRECT ANSWER: A
EXPERT RATIONALE: A lawyer who knows of another lawyer's misconduct that raises a
substantial question as to that lawyer's honesty, trustworthiness, or fitness as a
