MPRE CORE EXAM TEST 2026 MANUAL QUESTIONS
AND SOLUTIONS RATED A+
✔✔Jurors - ✔✔During Trial:
1) No lawyer connected with the case can talk about case with a juror unless authorized
by law or court order
2) NO DE MINIMUS EXCEPTION
After Trial: Must not communicate if any of these three conditions is met:
1) The judge prohibits it
2) IF jury says don't want to talk
3) If purpose is to harass or coerce
✔✔Negotiating a settlement - ✔✔1)Lawyer's can't lie but can exaggerate
2) Documents sent to lawyer by mistake (including electronic) must promptly notify
sender
✔✔Lawyer's as arbitrator, mediator, or other third party nuetral - ✔✔1) Must explain that
there is no attorney-client relationship to an unrepresented party
2) If there is litigation, lawyer must withdraw
✔✔Prosecutors and other Government lawers - ✔✔1) Must not prosecute without
probable cause
2) Assure the accused is advised of his right to counsel, knows how to get counsel, and
is given a chance to get counsel
3) Must seek to remedy the conviction of a defendant in his/her jurisdiction if he/she
knows of clear and convincing evidence that the defendant was innocent
4) Disclose new, credible and convincing evidence that creates a reasonable likelihood
that a defendant was wrongly convicted
✔✔Lawyer appearing in a nonadjudicative proceeding - ✔✔1) a lawyer may serve as a
state legislator or hold other public office when permitted by law. The lawyer may not
use her public office to attempt to influence a tribunal in a pending matter
2) A lawyer may serve as a director, officer or member of an organization involved in
reform of the law or its administration, notwithstanding that the reform may affect the
interests of a client of the lawyer
✔✔Law reform activities affecting client interests - ✔✔When lawyer works on law reform
project and is asked to participate in a decision that would materially benefit a client, a
lawyer must disclose that fact
✔✔Corporate Representation - ✔✔-You represent the corporation/entity, not an
individual officer or director
-Lawyer can be a director of company, but no attorney-client privilege in board meetings
, -If lawyer for orgnaizaiton learns that an act has been or is about to be committed in a
way that violates a duty to the organization or a law in a way that might be imputed to
the organization, AND if the violation is likely to cause substantial injury to the
organization, the lawyer must proceed as is reasonably necessary to protect the
interests of the corporation.
1) Must report the violation to a higher authority (president) and to outside directors if
necessary
2) May report relevant information to appropriate person outside the organization only if,
and to the extent that, the lawyer reasonably believes such reporting is necessary to
prevent substantial injury to the organization.
3) Narrow range of discretion: lawyer need not report violation if she reasonably
believes that the organization's best interests do not rquire the violation to be reported
✔✔Sarbanes-Oxley Act (Securities Violations) - ✔✔There is a duty of securities lawyers
to report up the chain of command to CEO. If not appropriate response, must report to
board of directors and may report to SEC.
1) The SEC will protect the lawyer
2) The lawyer can only reveal confidential information to the extent necessary to protect
the corporation
✔✔Establishing and Maintaining Client-Trust Accounts - ✔✔Lawyer must keep all
clients' money in a separate (trust) account and may NOT mix client funds with lawyer
funds. Doing so would be called comingling; nor may the laywer remove any funds from
the client fund account for any use other than the client's case as doing so would be
called conversion. Both of these actions are disciplinable.
For small sums, lawyer may use a pooled trust account but cannot use one client's
money for the benefit of another client. For a large sum held for along period of time,
must be separate interest-bearing account with interest going to client.
Exception: Laywer money can cover bank service charges
The interest from an IOLTA (or similar) account will get swepped out and sent to a not
for profit state bar foundation.
✔✔Disputed Claims - ✔✔Following the receipt of settlement, the lawyer must notify the
client promptly, keep records, render accounting, and pay out promptly. If disputed, that
portion remains in the client trust account.
✔✔Types of retainers - ✔✔1) Advance of fees - belongs to client and goes into trust
account and is transferred to operating account once earned; and any unearned portion
must be returned if laywer is fired or withdraws.
2) Availability - Belongs to attorney and goes into lawyer's accoun
AND SOLUTIONS RATED A+
✔✔Jurors - ✔✔During Trial:
1) No lawyer connected with the case can talk about case with a juror unless authorized
by law or court order
2) NO DE MINIMUS EXCEPTION
After Trial: Must not communicate if any of these three conditions is met:
1) The judge prohibits it
2) IF jury says don't want to talk
3) If purpose is to harass or coerce
✔✔Negotiating a settlement - ✔✔1)Lawyer's can't lie but can exaggerate
2) Documents sent to lawyer by mistake (including electronic) must promptly notify
sender
✔✔Lawyer's as arbitrator, mediator, or other third party nuetral - ✔✔1) Must explain that
there is no attorney-client relationship to an unrepresented party
2) If there is litigation, lawyer must withdraw
✔✔Prosecutors and other Government lawers - ✔✔1) Must not prosecute without
probable cause
2) Assure the accused is advised of his right to counsel, knows how to get counsel, and
is given a chance to get counsel
3) Must seek to remedy the conviction of a defendant in his/her jurisdiction if he/she
knows of clear and convincing evidence that the defendant was innocent
4) Disclose new, credible and convincing evidence that creates a reasonable likelihood
that a defendant was wrongly convicted
✔✔Lawyer appearing in a nonadjudicative proceeding - ✔✔1) a lawyer may serve as a
state legislator or hold other public office when permitted by law. The lawyer may not
use her public office to attempt to influence a tribunal in a pending matter
2) A lawyer may serve as a director, officer or member of an organization involved in
reform of the law or its administration, notwithstanding that the reform may affect the
interests of a client of the lawyer
✔✔Law reform activities affecting client interests - ✔✔When lawyer works on law reform
project and is asked to participate in a decision that would materially benefit a client, a
lawyer must disclose that fact
✔✔Corporate Representation - ✔✔-You represent the corporation/entity, not an
individual officer or director
-Lawyer can be a director of company, but no attorney-client privilege in board meetings
, -If lawyer for orgnaizaiton learns that an act has been or is about to be committed in a
way that violates a duty to the organization or a law in a way that might be imputed to
the organization, AND if the violation is likely to cause substantial injury to the
organization, the lawyer must proceed as is reasonably necessary to protect the
interests of the corporation.
1) Must report the violation to a higher authority (president) and to outside directors if
necessary
2) May report relevant information to appropriate person outside the organization only if,
and to the extent that, the lawyer reasonably believes such reporting is necessary to
prevent substantial injury to the organization.
3) Narrow range of discretion: lawyer need not report violation if she reasonably
believes that the organization's best interests do not rquire the violation to be reported
✔✔Sarbanes-Oxley Act (Securities Violations) - ✔✔There is a duty of securities lawyers
to report up the chain of command to CEO. If not appropriate response, must report to
board of directors and may report to SEC.
1) The SEC will protect the lawyer
2) The lawyer can only reveal confidential information to the extent necessary to protect
the corporation
✔✔Establishing and Maintaining Client-Trust Accounts - ✔✔Lawyer must keep all
clients' money in a separate (trust) account and may NOT mix client funds with lawyer
funds. Doing so would be called comingling; nor may the laywer remove any funds from
the client fund account for any use other than the client's case as doing so would be
called conversion. Both of these actions are disciplinable.
For small sums, lawyer may use a pooled trust account but cannot use one client's
money for the benefit of another client. For a large sum held for along period of time,
must be separate interest-bearing account with interest going to client.
Exception: Laywer money can cover bank service charges
The interest from an IOLTA (or similar) account will get swepped out and sent to a not
for profit state bar foundation.
✔✔Disputed Claims - ✔✔Following the receipt of settlement, the lawyer must notify the
client promptly, keep records, render accounting, and pay out promptly. If disputed, that
portion remains in the client trust account.
✔✔Types of retainers - ✔✔1) Advance of fees - belongs to client and goes into trust
account and is transferred to operating account once earned; and any unearned portion
must be returned if laywer is fired or withdraws.
2) Availability - Belongs to attorney and goes into lawyer's accoun
