Master the MPRE: Essential Practice
Questions with Model Rule Explanations
Question 1
A lawyer represents a client in a divorce. The client tells the lawyer that she plans to lie under oath
about her income. What must the lawyer do?
A. Report the client to the court immediately.
B. Advise the client not to lie and seek to withdraw if she insists.
C. Maintain confidentiality and allow the client to testify.
D. Withdraw immediately without telling the client why.
Correct Answer: B
Rationale: Under Model Rule 3.3 (Candor Toward the Tribunal), a lawyer must not knowingly offer false
evidence. The lawyer must first advise the client against the perjury. If the client insists, the lawyer must
seek to withdraw from the representation.
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Question 2
A prosecutor has strong evidence that a defendant committed a crime. The prosecutor also has
evidence that could exonerate the defendant. What is the prosecutor's duty?
A. Disclose the exculpatory evidence to the defense.
B. Disclose it only if the defendant requests it.
C. Disclose it only if the case goes to trial.
D. Withhold it to secure a conviction.
Correct Answer: A
Rationale: Under Model Rule 3.8 (Special Responsibilities of a Prosecutor), a prosecutor must disclose all
exculpatory evidence to the defense, consistent with constitutional due process (Brady v. Maryland).
,---
Question 3
A lawyer receives a settlement check from an insurance company. The check is made payable to the
lawyer and the client. The lawyer deposits the check into the lawyer's operating account. Is this proper?
A. Yes, because the lawyer earned the fees.
B. No, because client funds must be deposited into a trust account.
C. Yes, if the lawyer notifies the client.
D. No, because the lawyer cannot receive a settlement check.
Correct Answer: B
Rationale: Under Model Rule 1.15 (Safekeeping Property), any funds belonging to a client must be held
in a separate trust account (IOLTA or non-IOLTA). Operating accounts are for the lawyer's own funds.
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Question 4
A lawyer is asked by a prospective client about the statute of limitations for a personal injury claim. The
lawyer is not an expert in personal injury law. The lawyer should:
A. Decline to answer and refer the client to another lawyer.
B. Give an estimate based on general knowledge.
C. Research the issue and give a definitive answer.
D. Tell the client to check online.
Correct Answer: A
Rationale: Under Model Rule 1.1 (Competence), a lawyer must provide competent representation. If the
lawyer is not competent in that area, they should either decline the representation or consult with a
lawyer who is competent. Giving an incorrect answer could constitute malpractice.
,---
Question 5
A lawyer is representing a corporation. The lawyer learns that a corporate officer has engaged in fraud.
The fraud is not material to the corporation's business. The lawyer must report the fraud to:
A. The board of directors.
B. The shareholders.
C. The SEC.
D. No one, because it is not material.
Correct Answer: A
Rationale: Under Model Rule 1.13 (Organization as Client), a lawyer must report illegal conduct to the
highest authority within the organization (e.g., the board of directors) if it is likely to result in substantial
injury to the organization.
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Question 6
A lawyer agrees to represent a client in a criminal case. The client insists on pleading guilty even though
the lawyer believes the client is innocent. The lawyer should:
A. Refuse to enter the plea.
B. Enter the plea but inform the court of the client's innocence.
C. Allow the client to make the decision and enter the plea.
D. Withdraw from the case.
Correct Answer: C
Rationale: The decision to plead guilty belongs to the client. The lawyer must advise the client of the
consequences, but the ultimate decision is the client's (Model Rule 1.2(a)).
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, Question 7
A lawyer is going to be a witness in a client's case. The lawyer's testimony is about a minor procedural
issue. Can the lawyer continue to represent the client?
A. No, under the advocate-witness rule.
B. Yes, if the testimony is not substantially related to the case.
C. Yes, if the client consents in writing.
D. No, unless the lawyer withdraws.
Correct Answer: B
Rationale: Under Model Rule 3.7 (Lawyer as Witness), a lawyer may act as an advocate and a witness if
the testimony relates to an uncontested issue, or if the testimony relates to the nature and value of
legal services rendered in the case.
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Question 8
A lawyer is retained by a client. The client pays a $10,000 retainer. The retainer is a "flat fee" for all
services in the case. The lawyer deposits the entire $10,000 into the trust account. Is this proper?
A. Yes, because it is a retainer.
B. No, because flat fees are not earned until the work is performed.
C. Yes, if the fee is reasonable.
D. No, because it should be deposited in the operating account.
Correct Answer: B
Rationale: A "flat fee" is not earned until the work is performed. Therefore, it must be deposited into the
trust account and withdrawn only as it is earned. If it was a "non-refundable retainer," it could be placed
in the operating account if the client agrees in writing.
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Questions with Model Rule Explanations
Question 1
A lawyer represents a client in a divorce. The client tells the lawyer that she plans to lie under oath
about her income. What must the lawyer do?
A. Report the client to the court immediately.
B. Advise the client not to lie and seek to withdraw if she insists.
C. Maintain confidentiality and allow the client to testify.
D. Withdraw immediately without telling the client why.
Correct Answer: B
Rationale: Under Model Rule 3.3 (Candor Toward the Tribunal), a lawyer must not knowingly offer false
evidence. The lawyer must first advise the client against the perjury. If the client insists, the lawyer must
seek to withdraw from the representation.
---
Question 2
A prosecutor has strong evidence that a defendant committed a crime. The prosecutor also has
evidence that could exonerate the defendant. What is the prosecutor's duty?
A. Disclose the exculpatory evidence to the defense.
B. Disclose it only if the defendant requests it.
C. Disclose it only if the case goes to trial.
D. Withhold it to secure a conviction.
Correct Answer: A
Rationale: Under Model Rule 3.8 (Special Responsibilities of a Prosecutor), a prosecutor must disclose all
exculpatory evidence to the defense, consistent with constitutional due process (Brady v. Maryland).
,---
Question 3
A lawyer receives a settlement check from an insurance company. The check is made payable to the
lawyer and the client. The lawyer deposits the check into the lawyer's operating account. Is this proper?
A. Yes, because the lawyer earned the fees.
B. No, because client funds must be deposited into a trust account.
C. Yes, if the lawyer notifies the client.
D. No, because the lawyer cannot receive a settlement check.
Correct Answer: B
Rationale: Under Model Rule 1.15 (Safekeeping Property), any funds belonging to a client must be held
in a separate trust account (IOLTA or non-IOLTA). Operating accounts are for the lawyer's own funds.
---
Question 4
A lawyer is asked by a prospective client about the statute of limitations for a personal injury claim. The
lawyer is not an expert in personal injury law. The lawyer should:
A. Decline to answer and refer the client to another lawyer.
B. Give an estimate based on general knowledge.
C. Research the issue and give a definitive answer.
D. Tell the client to check online.
Correct Answer: A
Rationale: Under Model Rule 1.1 (Competence), a lawyer must provide competent representation. If the
lawyer is not competent in that area, they should either decline the representation or consult with a
lawyer who is competent. Giving an incorrect answer could constitute malpractice.
,---
Question 5
A lawyer is representing a corporation. The lawyer learns that a corporate officer has engaged in fraud.
The fraud is not material to the corporation's business. The lawyer must report the fraud to:
A. The board of directors.
B. The shareholders.
C. The SEC.
D. No one, because it is not material.
Correct Answer: A
Rationale: Under Model Rule 1.13 (Organization as Client), a lawyer must report illegal conduct to the
highest authority within the organization (e.g., the board of directors) if it is likely to result in substantial
injury to the organization.
---
Question 6
A lawyer agrees to represent a client in a criminal case. The client insists on pleading guilty even though
the lawyer believes the client is innocent. The lawyer should:
A. Refuse to enter the plea.
B. Enter the plea but inform the court of the client's innocence.
C. Allow the client to make the decision and enter the plea.
D. Withdraw from the case.
Correct Answer: C
Rationale: The decision to plead guilty belongs to the client. The lawyer must advise the client of the
consequences, but the ultimate decision is the client's (Model Rule 1.2(a)).
---
, Question 7
A lawyer is going to be a witness in a client's case. The lawyer's testimony is about a minor procedural
issue. Can the lawyer continue to represent the client?
A. No, under the advocate-witness rule.
B. Yes, if the testimony is not substantially related to the case.
C. Yes, if the client consents in writing.
D. No, unless the lawyer withdraws.
Correct Answer: B
Rationale: Under Model Rule 3.7 (Lawyer as Witness), a lawyer may act as an advocate and a witness if
the testimony relates to an uncontested issue, or if the testimony relates to the nature and value of
legal services rendered in the case.
---
Question 8
A lawyer is retained by a client. The client pays a $10,000 retainer. The retainer is a "flat fee" for all
services in the case. The lawyer deposits the entire $10,000 into the trust account. Is this proper?
A. Yes, because it is a retainer.
B. No, because flat fees are not earned until the work is performed.
C. Yes, if the fee is reasonable.
D. No, because it should be deposited in the operating account.
Correct Answer: B
Rationale: A "flat fee" is not earned until the work is performed. Therefore, it must be deposited into the
trust account and withdrawn only as it is earned. If it was a "non-refundable retainer," it could be placed
in the operating account if the client agrees in writing.
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