MPRE FINAL EXAM 2026 ACTUAL QUESTIONS AND
SOLUTIONS RATED A+
✔✔As required by a purchase agreement, a consumer and a retailer submitted a
dispute to an arbitration panel. The consumer and retailer each named an attorney to be
a partisan member of the panel and together those two panel members chose the third
member of the panel. After listening to both sides, the panel ruled 2-1 in favor of the
retailer, with the panel member named by the consumer voting in favor of the consumer.
Without seeking the consent of the retailer, the consumer employed the attorney he had
appointed to the panel to challenge the arbitration of the dispute. Is it proper for the
attorney to accept this employment?
Yes, because the attorney served as a partisan member of the three-member
arbitration panel.
Yes, because the attorney voted against the decision reached by the panel.
No, because the retailer did not consent to the attorney's subsequent representation of
the consumer with regard to the arbi - ✔✔Answer choice A is correct. Generally, an
attorney who personally and substantially participates as an arbitrator may not
represent anyone in connection with the matter arbitrated, unless all parties to the
proceeding give informed, written consent. However, this restriction does not apply to
an arbitrator selected as a partisan of a party in a multi-member arbitration panel.
Answer choice B is incorrect because there is no requirement that an attorney who
serves as an arbitrator vote against the panel's decision in order to be able to represent
a party in connection with the matter arbitrated. Answer choice C is incorrect. As noted
with respect to answer choice A, while generally each party to an arbitration must give
informed, written consent for an attorney who personally and substantially participated
as an arbitrator to represent anyone in connection with the matter arbitrated, this
restriction does not apply to an arbitrator selected as a partisan of a party in a multi-
member arbitration panel. Answer choice D is incorrect because, although the attorney
personally and substantially participated as a member of the arbitration panel by
listening to both parties to the arbitration present their cases and voting on the matter
being arbitrated, the attorney could nevertheless represent the consumer in an action
challenging the arbitration of the dispute because the attorney was selected as a
partisan of the party in the multi-member arbitration panel.
✔✔The owner of undeveloped real property entered into a contract to sell the property
to an investor. The investor's obligation to purchase the property was conditioned on the
title to the property being marketable. A lawyer employed by the investor investigated
the validity of the seller's title to the property and reported to the investor that there was
a cloud on the seller's title, which made the property unmarketable. As a consequence,
on the date set for closing, the investor did not tender the purchase price. On that date,
due to independent economic events, the fair market value of the property was less
than the purchase price. Subsequently, it was uncovered that the lawyer misread a key
, document and the seller had clear title to the property. Is the lawyer subject to
discipline?
Yes, because the lawyer failed to competently investigate the validity of the seller's title
to the property.
Yes, because the sell - ✔✔Answer choice A is correct. A lawyer is required to provide
competent representation to a client. Here, the lawyer failed to provide such
representation by negligently conducting the title search. Answer choice B is incorrect
because, although the seller presumably suffered an economic loss when the seller
eventually sold the property since, at the time of closing, the property's fair market value
had dropped below the contract price, it is not necessary that a third party suffer harm
for a lawyer to be subject to discipline for violation of a rule. Answer choice C is
incorrect because, although the investor did not suffer an economic loss by not
completing the sale since the fair market value of the property had dropped below its
contract price, it is not necessary that a client suffer harm for a lawyer to be subject to
discipline for a violation of a rule. Answer choice D is incorrect because, while the
punishment imposed for violation of a rule of professional conduct may be less when
the lawyer's violation was not willful, a lawyer is nevertheless subject to discipline for
violation of a rule even though the violation was inadvertent rather than intentional.
✔✔A client approached an attorney to represent her in a products liability case because
the attorney claimed to be a specialist in products liability actions. He told the client that
the National Council on Products Liability had certified him as a specialist in products
liability resolution, even though he had lost half of the 100 products liability actions he
had taken. The client consented to representation in writing after this discussion. The
attorney lost the case on a technicality that would have been known to any specialist in
products liability, though a general practice attorney would not have recognized the
issue. The entire case was lost based on this error. After demonstrating that she
suffered damages, would the client be likely to recover in a civil liability action against
the attorney?
Yes, because the attorney lost her case.
Yes, because the attorney deviated from the applicable standard of care for -
✔✔Answer choice B is correct. An attorney owes a duty of care to the client. The duty of
care is generally the competence and diligence exercised by attorneys of similar
experience under similar conditions. If an attorney represents to the client that he has
specialized expertise, then the attorney will be held to the standard of care of a
specialist. Here, the standard of a specialist would apply, and the attorney likely
deviated from this standard. Answer choice A is incorrect because losing a case alone
is not a basis for civil liability. What is relevant is the standard of care that the attorney
exercised in representing the client. Answer choice C is incorrect because while the
attorney may not have deviated from a general attorney's standard of care, he did
deviate from the standard of care of a specialist. Answer choice D is incorrect because
if the attorney was negligent, then the client's consent would not mitigate his liability.
SOLUTIONS RATED A+
✔✔As required by a purchase agreement, a consumer and a retailer submitted a
dispute to an arbitration panel. The consumer and retailer each named an attorney to be
a partisan member of the panel and together those two panel members chose the third
member of the panel. After listening to both sides, the panel ruled 2-1 in favor of the
retailer, with the panel member named by the consumer voting in favor of the consumer.
Without seeking the consent of the retailer, the consumer employed the attorney he had
appointed to the panel to challenge the arbitration of the dispute. Is it proper for the
attorney to accept this employment?
Yes, because the attorney served as a partisan member of the three-member
arbitration panel.
Yes, because the attorney voted against the decision reached by the panel.
No, because the retailer did not consent to the attorney's subsequent representation of
the consumer with regard to the arbi - ✔✔Answer choice A is correct. Generally, an
attorney who personally and substantially participates as an arbitrator may not
represent anyone in connection with the matter arbitrated, unless all parties to the
proceeding give informed, written consent. However, this restriction does not apply to
an arbitrator selected as a partisan of a party in a multi-member arbitration panel.
Answer choice B is incorrect because there is no requirement that an attorney who
serves as an arbitrator vote against the panel's decision in order to be able to represent
a party in connection with the matter arbitrated. Answer choice C is incorrect. As noted
with respect to answer choice A, while generally each party to an arbitration must give
informed, written consent for an attorney who personally and substantially participated
as an arbitrator to represent anyone in connection with the matter arbitrated, this
restriction does not apply to an arbitrator selected as a partisan of a party in a multi-
member arbitration panel. Answer choice D is incorrect because, although the attorney
personally and substantially participated as a member of the arbitration panel by
listening to both parties to the arbitration present their cases and voting on the matter
being arbitrated, the attorney could nevertheless represent the consumer in an action
challenging the arbitration of the dispute because the attorney was selected as a
partisan of the party in the multi-member arbitration panel.
✔✔The owner of undeveloped real property entered into a contract to sell the property
to an investor. The investor's obligation to purchase the property was conditioned on the
title to the property being marketable. A lawyer employed by the investor investigated
the validity of the seller's title to the property and reported to the investor that there was
a cloud on the seller's title, which made the property unmarketable. As a consequence,
on the date set for closing, the investor did not tender the purchase price. On that date,
due to independent economic events, the fair market value of the property was less
than the purchase price. Subsequently, it was uncovered that the lawyer misread a key
, document and the seller had clear title to the property. Is the lawyer subject to
discipline?
Yes, because the lawyer failed to competently investigate the validity of the seller's title
to the property.
Yes, because the sell - ✔✔Answer choice A is correct. A lawyer is required to provide
competent representation to a client. Here, the lawyer failed to provide such
representation by negligently conducting the title search. Answer choice B is incorrect
because, although the seller presumably suffered an economic loss when the seller
eventually sold the property since, at the time of closing, the property's fair market value
had dropped below the contract price, it is not necessary that a third party suffer harm
for a lawyer to be subject to discipline for violation of a rule. Answer choice C is
incorrect because, although the investor did not suffer an economic loss by not
completing the sale since the fair market value of the property had dropped below its
contract price, it is not necessary that a client suffer harm for a lawyer to be subject to
discipline for a violation of a rule. Answer choice D is incorrect because, while the
punishment imposed for violation of a rule of professional conduct may be less when
the lawyer's violation was not willful, a lawyer is nevertheless subject to discipline for
violation of a rule even though the violation was inadvertent rather than intentional.
✔✔A client approached an attorney to represent her in a products liability case because
the attorney claimed to be a specialist in products liability actions. He told the client that
the National Council on Products Liability had certified him as a specialist in products
liability resolution, even though he had lost half of the 100 products liability actions he
had taken. The client consented to representation in writing after this discussion. The
attorney lost the case on a technicality that would have been known to any specialist in
products liability, though a general practice attorney would not have recognized the
issue. The entire case was lost based on this error. After demonstrating that she
suffered damages, would the client be likely to recover in a civil liability action against
the attorney?
Yes, because the attorney lost her case.
Yes, because the attorney deviated from the applicable standard of care for -
✔✔Answer choice B is correct. An attorney owes a duty of care to the client. The duty of
care is generally the competence and diligence exercised by attorneys of similar
experience under similar conditions. If an attorney represents to the client that he has
specialized expertise, then the attorney will be held to the standard of care of a
specialist. Here, the standard of a specialist would apply, and the attorney likely
deviated from this standard. Answer choice A is incorrect because losing a case alone
is not a basis for civil liability. What is relevant is the standard of care that the attorney
exercised in representing the client. Answer choice C is incorrect because while the
attorney may not have deviated from a general attorney's standard of care, he did
deviate from the standard of care of a specialist. Answer choice D is incorrect because
if the attorney was negligent, then the client's consent would not mitigate his liability.
