MPRE Exam V3 | Multistate Professional
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney was representing a client who was the defendant in a civil personal injury
lawsuit. During a meeting, the client admitted to the attorney that he had lied during his
deposition about his speed at the time of the accident. The attorney urged the client to
correct the testimony, but the client refused. What is the attorney’s most appropriate course
of action under the Model Rules of Professional Conduct?
A. The attorney must immediately withdraw from the representation without informing
the court.
B. The attorney should continue the representation but must not use the deposition
testimony at trial.
C. The attorney must keep the information confidential because it was disclosed during a
privileged meeting.
D. The attorney must take reasonable remedial measures, which may include disclosing the
falsehood to the tribunal.
Correct Answer: D
Rationale: Under Model Rule 3.3(a)(3), if a lawyer, the lawyer’s client, or a witness called
by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the
,lawyer shall take reasonable remedial measures. This obligation includes disclosure to the
tribunal if necessary to remedy the situation. The duty of candor to the tribunal outweighs
the duty of confidentiality to the client in this specific instance.
2. A lawyer represents a corporate client in a commercial dispute. The lawyer learns that an
executive of the corporation has been shredding documents that are relevant to the
litigation, in violation of a court order. The lawyer advises the executive to stop, but the
executive continues. What must the lawyer do?
A. Threaten the executive with criminal prosecution to ensure compliance.
B. Immediately resign and notify the opposing party of the missing documents.
C. Keep the information confidential to protect the corporation’s interests.
D. Inform the board of directors of the corporation and, if they fail to act, report the matter
to the court.
Correct Answer: D
Rationale: According to Model Rule 1.13, when a lawyer for an organization knows that an
officer or employee is engaged in action that is a violation of a legal obligation to the
organization, the lawyer shall proceed as is reasonably necessary in the best interest of the
organization. This typically involves reporting up the chain of command to the highest
authority, such as the board of directors. If the highest authority fails to address the
violation, the lawyer may have a duty to report the misconduct to the court or appropriate
authorities under Rule 1.13(c) or 3.3.
,3. An attorney is a well-known criminal defense lawyer. A prospective client comes to the
attorney’s office and asks the attorney to represent him in a murder trial. The attorney, after
hearing the facts, realizes he is too busy to provide competent representation and declines.
However, the attorney suggests that the prospective client hire his associate. The attorney
does not mention that the associate has never handled a criminal case before. Is the attorney
subject to discipline?
A. Yes, because the attorney failed to provide competent representation to a prospective
client.
B. No, because the attorney declined the representation and was under no further
obligation.
C. Yes, because the attorney made a recommendation without ensuring the associate was
competent for the specific matter.
D. No, because the attorney’s associate is legally authorized to practice law in the
jurisdiction.
Correct Answer: C
Rationale: Rule 1.1 requires a lawyer to provide competent representation to a client.
When referring a matter to another lawyer, even within the same firm, the referring lawyer
should ensure that the person to whom the matter is referred is competent. Suggesting an
inexperienced associate for a complex murder trial without disclosing the lack of
experience or ensuring supervision may violate the spirit of competence and the duty to
the prospective client.
, 4. A judge is presiding over a civil trial between two large technology companies. The judge
owns 100 shares of stock in one of the companies, which is a publicly traded entity. The total
value of the stock is approximately $5,000. Is the judge required to disqualify himself?
A. No, because the value of the stock is de minimis and won’t affect the judge’s impartiality.
B. No, provided the judge discloses the ownership to both parties and they consent on the
record.
C. Yes, because any economic interest in a party, regardless of size, requires
disqualification.
D. Yes, but only if the outcome of the case is likely to substantially affect the value of the
stock.
Correct Answer: C
Rationale: Under the Model Code of Judicial Conduct, Rule 2.11(A)(2)(c), a judge must
disqualify himself if he knows that he has an economic interest in the subject matter in
controversy or in a party to the proceeding. Economic interest is defined to include even a
small ownership of stock in a party. Unlike other conflicts, a financial interest in a party is
generally a ‘bright line’ rule for disqualification regardless of the amount.
5. A lawyer is representing a client in a divorce proceeding. The client is unable to pay the
lawyer’s hourly fee but offers to give the lawyer a 10% interest in the final alimony and
property settlement as a fee. Is this fee arrangement permissible?
A. Yes, provided the total fee is reasonable.
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney was representing a client who was the defendant in a civil personal injury
lawsuit. During a meeting, the client admitted to the attorney that he had lied during his
deposition about his speed at the time of the accident. The attorney urged the client to
correct the testimony, but the client refused. What is the attorney’s most appropriate course
of action under the Model Rules of Professional Conduct?
A. The attorney must immediately withdraw from the representation without informing
the court.
B. The attorney should continue the representation but must not use the deposition
testimony at trial.
C. The attorney must keep the information confidential because it was disclosed during a
privileged meeting.
D. The attorney must take reasonable remedial measures, which may include disclosing the
falsehood to the tribunal.
Correct Answer: D
Rationale: Under Model Rule 3.3(a)(3), if a lawyer, the lawyer’s client, or a witness called
by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the
,lawyer shall take reasonable remedial measures. This obligation includes disclosure to the
tribunal if necessary to remedy the situation. The duty of candor to the tribunal outweighs
the duty of confidentiality to the client in this specific instance.
2. A lawyer represents a corporate client in a commercial dispute. The lawyer learns that an
executive of the corporation has been shredding documents that are relevant to the
litigation, in violation of a court order. The lawyer advises the executive to stop, but the
executive continues. What must the lawyer do?
A. Threaten the executive with criminal prosecution to ensure compliance.
B. Immediately resign and notify the opposing party of the missing documents.
C. Keep the information confidential to protect the corporation’s interests.
D. Inform the board of directors of the corporation and, if they fail to act, report the matter
to the court.
Correct Answer: D
Rationale: According to Model Rule 1.13, when a lawyer for an organization knows that an
officer or employee is engaged in action that is a violation of a legal obligation to the
organization, the lawyer shall proceed as is reasonably necessary in the best interest of the
organization. This typically involves reporting up the chain of command to the highest
authority, such as the board of directors. If the highest authority fails to address the
violation, the lawyer may have a duty to report the misconduct to the court or appropriate
authorities under Rule 1.13(c) or 3.3.
,3. An attorney is a well-known criminal defense lawyer. A prospective client comes to the
attorney’s office and asks the attorney to represent him in a murder trial. The attorney, after
hearing the facts, realizes he is too busy to provide competent representation and declines.
However, the attorney suggests that the prospective client hire his associate. The attorney
does not mention that the associate has never handled a criminal case before. Is the attorney
subject to discipline?
A. Yes, because the attorney failed to provide competent representation to a prospective
client.
B. No, because the attorney declined the representation and was under no further
obligation.
C. Yes, because the attorney made a recommendation without ensuring the associate was
competent for the specific matter.
D. No, because the attorney’s associate is legally authorized to practice law in the
jurisdiction.
Correct Answer: C
Rationale: Rule 1.1 requires a lawyer to provide competent representation to a client.
When referring a matter to another lawyer, even within the same firm, the referring lawyer
should ensure that the person to whom the matter is referred is competent. Suggesting an
inexperienced associate for a complex murder trial without disclosing the lack of
experience or ensuring supervision may violate the spirit of competence and the duty to
the prospective client.
, 4. A judge is presiding over a civil trial between two large technology companies. The judge
owns 100 shares of stock in one of the companies, which is a publicly traded entity. The total
value of the stock is approximately $5,000. Is the judge required to disqualify himself?
A. No, because the value of the stock is de minimis and won’t affect the judge’s impartiality.
B. No, provided the judge discloses the ownership to both parties and they consent on the
record.
C. Yes, because any economic interest in a party, regardless of size, requires
disqualification.
D. Yes, but only if the outcome of the case is likely to substantially affect the value of the
stock.
Correct Answer: C
Rationale: Under the Model Code of Judicial Conduct, Rule 2.11(A)(2)(c), a judge must
disqualify himself if he knows that he has an economic interest in the subject matter in
controversy or in a party to the proceeding. Economic interest is defined to include even a
small ownership of stock in a party. Unlike other conflicts, a financial interest in a party is
generally a ‘bright line’ rule for disqualification regardless of the amount.
5. A lawyer is representing a client in a divorce proceeding. The client is unable to pay the
lawyer’s hourly fee but offers to give the lawyer a 10% interest in the final alimony and
property settlement as a fee. Is this fee arrangement permissible?
A. Yes, provided the total fee is reasonable.
