MPRE EXAM QUESTIONS WITH CORRECT
ANSWERS
U.S. Supreme Court says state requirements for admission to bar need to be
| | | | | | | | | | | | |
rationally related to the practice of law.
| | | | | |
What is rationally related?
| | |
What is NOT rational? - CORRECT ANSWER✔✔-Graduation from an ABA
| | | | | | | | | |
accredited law school (Not required though)
| | | | |
Refusal to take an oath to uphold US/State constitution.
| | | | | | | |
Not Rational:
|
US Citizenship
|
Residency
Lawyer self regulation.
| |
What MUST you do when you know of a violation? (2) - CORRECT ANSWER✔✔-
| | | | | | | | | | | | |
Must report what you know unless protected under secret or confidence.
| | | | | | | | | |
,Must be available to testify against that lawyer (no anonymous tips).
| | | | | | | | | |
Does committing a crime by itself warrant discipline? - CORRECT ANSWER✔✔-
| | | | | | | | | |
Not unless the crime is relevant to the practice of law (a one time DUI is not
| | | | | | | | | | | | | | | | |
enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline,
| | | | | | | | | | | | | | |
even if the lawyer is not active in the practice of law.
| | | | | | | | | | |
No statute of limitations
| | |
Supervisor responsible for acts of subordinate if: - CORRECT ANSWER✔✔-The
| | | | | | | | | |
supervisor knew of misconduct at a time when consequences can be avoided or
| | | | | | | | | | | | |
mitigated and the lawyer didn't do anything about it and the lawyer fails to take
| | | | | | | | | | | | | | |
reasonable remedial action. | |
OR
if the violation raises a substantial question of character and the supervisor either
| | | | | | | | | | | |
|ordered or ratified the conduct. | | | |
If you're a subordinate, you're not responsible for your acts if: - CORRECT
| | | | | | | | | | | | |
ANSWER✔✔-1) you were told to do it | | | | | |
2) its at least arguable that what you did you thought was okay to do.
| | | | | | | | | | | | | |
Unauthorized practice of law; The following activities require a license (and
| | | | | | | | | | |
constitute the "practice of law"). | | | | |
, What activities don't need a license? - CORRECT ANSWER✔✔-1) appearing in
| | | | | | | | | | |
court or depositions
| |
2) drafting legal documents that affect substantial client rights (ok if lawyer signs
| | | | | | | | | | | | |
off)
3) Negotiate settlements
| |
These activities don't need a license:
| | | | |
1) Interview people
| |
2) Fill out forms
| | |
3) Draft legal memos
| | |
Fee division with a non lawyer, General Rule? - CORRECT ANSWER✔✔-General
| | | | | | | | | | |
Rule: Don't do it
| | |
Exceptions:
1) heirs of deceased attorney
| | | |
2) Employees in the form of salaries and as a part of a pension or bonus plans
| | | | | | | | | | | | | | | |
Also: Lawyer may share court-awarded legal fees with a nonprofit organization
| | | | | | | | | | |
that employed, retained or recommended employment of the lawyer in the
| | | | | | | | | | |
matter.
The law firm and other forms of practice - CORRECT ANSWER✔✔-Lawyers must
| | | | | | | | | | | |
not imply that they are partners or otherwise associated with each other in a law
| | | | | | | | | | | | | | |
ANSWERS
U.S. Supreme Court says state requirements for admission to bar need to be
| | | | | | | | | | | | |
rationally related to the practice of law.
| | | | | |
What is rationally related?
| | |
What is NOT rational? - CORRECT ANSWER✔✔-Graduation from an ABA
| | | | | | | | | |
accredited law school (Not required though)
| | | | |
Refusal to take an oath to uphold US/State constitution.
| | | | | | | |
Not Rational:
|
US Citizenship
|
Residency
Lawyer self regulation.
| |
What MUST you do when you know of a violation? (2) - CORRECT ANSWER✔✔-
| | | | | | | | | | | | |
Must report what you know unless protected under secret or confidence.
| | | | | | | | | |
,Must be available to testify against that lawyer (no anonymous tips).
| | | | | | | | | |
Does committing a crime by itself warrant discipline? - CORRECT ANSWER✔✔-
| | | | | | | | | |
Not unless the crime is relevant to the practice of law (a one time DUI is not
| | | | | | | | | | | | | | | | |
enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline,
| | | | | | | | | | | | | | |
even if the lawyer is not active in the practice of law.
| | | | | | | | | | |
No statute of limitations
| | |
Supervisor responsible for acts of subordinate if: - CORRECT ANSWER✔✔-The
| | | | | | | | | |
supervisor knew of misconduct at a time when consequences can be avoided or
| | | | | | | | | | | | |
mitigated and the lawyer didn't do anything about it and the lawyer fails to take
| | | | | | | | | | | | | | |
reasonable remedial action. | |
OR
if the violation raises a substantial question of character and the supervisor either
| | | | | | | | | | | |
|ordered or ratified the conduct. | | | |
If you're a subordinate, you're not responsible for your acts if: - CORRECT
| | | | | | | | | | | | |
ANSWER✔✔-1) you were told to do it | | | | | |
2) its at least arguable that what you did you thought was okay to do.
| | | | | | | | | | | | | |
Unauthorized practice of law; The following activities require a license (and
| | | | | | | | | | |
constitute the "practice of law"). | | | | |
, What activities don't need a license? - CORRECT ANSWER✔✔-1) appearing in
| | | | | | | | | | |
court or depositions
| |
2) drafting legal documents that affect substantial client rights (ok if lawyer signs
| | | | | | | | | | | | |
off)
3) Negotiate settlements
| |
These activities don't need a license:
| | | | |
1) Interview people
| |
2) Fill out forms
| | |
3) Draft legal memos
| | |
Fee division with a non lawyer, General Rule? - CORRECT ANSWER✔✔-General
| | | | | | | | | | |
Rule: Don't do it
| | |
Exceptions:
1) heirs of deceased attorney
| | | |
2) Employees in the form of salaries and as a part of a pension or bonus plans
| | | | | | | | | | | | | | | |
Also: Lawyer may share court-awarded legal fees with a nonprofit organization
| | | | | | | | | | |
that employed, retained or recommended employment of the lawyer in the
| | | | | | | | | | |
matter.
The law firm and other forms of practice - CORRECT ANSWER✔✔-Lawyers must
| | | | | | | | | | | |
not imply that they are partners or otherwise associated with each other in a law
| | | | | | | | | | | | | | |
