MPRE Exam V1 | Multistate Professional
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney represents a defendant in a civil medical malpractice case. During a private
meeting, the defendant admits to the attorney that he was indeed negligent, although he had
previously denied it to the public. The plaintiff’s lawyer later serves a discovery request for
any statements the defendant made to his attorney regarding his negligence. Which of the
following best describes the attorney’s duty?
A. The attorney must disclose the statement because the client admitted to a legal wrong.
B. The attorney must disclose the statement if the court orders it, regardless of privilege.
C. The attorney must not disclose the statement because it is protected by the attorney-
client privilege.
D. The attorney must disclose the statement if the plaintiff can show a substantial need for
the information.
Correct Answer: C
Rationale: The attorney-client privilege protects communications made in confidence
between a client and their lawyer for the purpose of obtaining legal assistance. Under the
ABA Model Rules, an admission of past negligence is a quintessential example of a
,privileged communication. Because the privilege belongs to the client and has not been
waived, the attorney must assert it and refuse to disclose the statement during discovery.
2. An attorney is representing a client in a high-profile criminal trial. A local news reporter
asks the attorney for a comment regarding the credibility of a witness who recently testified
for the prosecution. Under the Model Rules of Professional Conduct, which of the following
actions is most appropriate for the attorney?
A. The attorney may comment freely as long as the comments are truthful.
B. The attorney should refrain from making any statement that has a substantial likelihood
of materially prejudicing the proceeding.
C. The attorney may comment because the trial is high-profile and the public has a right to
know.
D. The attorney may comment only if the prosecutor has already made a similar statement.
Correct Answer: B
Rationale: Model Rule 3.6(a) prohibits a lawyer from making an extrajudicial statement
that the lawyer knows or reasonably should know will be disseminated by means of public
communication and will have a substantial likelihood of materially prejudicing an
adjudicative proceeding. Commenting on the credibility of a witness is specifically listed as
a type of statement that is likely to be prejudicial. While there is a ‘right to reply’ exception
in Rule 3.6(c), it only applies to mitigate recent adverse publicity not initiated by the lawyer
or the lawyer’s client.
,3. A judge is presiding over a complex environmental litigation case. One of the parties is a
large corporation that has contributed significantly to the judge’s past election campaigns.
The opposing party moves for the judge’s disqualification. Which standard applies to this
situation?
A. The judge must disqualify himself only if he feels he cannot be impartial.
B. The judge must disqualify himself if his impartiality might reasonably be questioned.
C. The judge is never required to disqualify himself based on campaign contributions.
D. The judge must disqualify himself only if he has a direct financial interest in the
outcome.
Correct Answer: B
Rationale: Under the Code of Judicial Conduct Rule 2.11, a judge shall disqualify himself or
herself in any proceeding in which the judge’s impartiality might reasonably be questioned.
Significant campaign contributions from a party or their lawyer can create an appearance
of impropriety or bias that necessitates recusal. The test is objective, focusing on whether a
reasonable person, knowing all the circumstances, would doubt the judge’s fairness.
4. An attorney is representing a client in a personal injury lawsuit on a contingency fee basis.
The written fee agreement states that the attorney will receive 30% of any recovery. After a
successful settlement, the attorney calculates the fee but also deducts the costs of expert
witnesses and court filings from the client’s portion. The agreement was silent on how
expenses would be handled. Is the attorney’s conduct proper?
A. Yes, because it is standard practice to deduct expenses from the client’s share.
, B. No, because the written agreement failed to specify whether expenses were to be
deducted before or after the contingent fee is calculated.
C. Yes, because the attorney achieved a successful result for the client.
D. No, because attorneys are not allowed to charge for expert witness fees in contingency
cases.
Correct Answer: B
Rationale: Rule 1.5(c) requires that a contingent fee agreement be in writing and must
clearly state the method by which the fee is to be determined. This includes whether
expenses are to be deducted from the recovery and whether such expenses are to be
deducted before or after the contingent fee is calculated. Failure to include these specific
details in the written agreement constitutes a violation of the professional conduct rules.
5. A lawyer is a partner in a small law firm. He learns that a junior associate has been
overbilling several clients to meet the firm’s hourly targets. The partner tells the associate to
stop, but does not report the matter to the state bar or notify the affected clients. Is the
partner subject to discipline?
A. No, because the partner told the associate to stop the conduct.
B. Yes, because the partner failed to take reasonable remedial action to correct the
overbilling.
C. No, because the associate is primarily responsible for his own billing entries.
D. Yes, but only if the partner personally benefited from the overbilling.
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney represents a defendant in a civil medical malpractice case. During a private
meeting, the defendant admits to the attorney that he was indeed negligent, although he had
previously denied it to the public. The plaintiff’s lawyer later serves a discovery request for
any statements the defendant made to his attorney regarding his negligence. Which of the
following best describes the attorney’s duty?
A. The attorney must disclose the statement because the client admitted to a legal wrong.
B. The attorney must disclose the statement if the court orders it, regardless of privilege.
C. The attorney must not disclose the statement because it is protected by the attorney-
client privilege.
D. The attorney must disclose the statement if the plaintiff can show a substantial need for
the information.
Correct Answer: C
Rationale: The attorney-client privilege protects communications made in confidence
between a client and their lawyer for the purpose of obtaining legal assistance. Under the
ABA Model Rules, an admission of past negligence is a quintessential example of a
,privileged communication. Because the privilege belongs to the client and has not been
waived, the attorney must assert it and refuse to disclose the statement during discovery.
2. An attorney is representing a client in a high-profile criminal trial. A local news reporter
asks the attorney for a comment regarding the credibility of a witness who recently testified
for the prosecution. Under the Model Rules of Professional Conduct, which of the following
actions is most appropriate for the attorney?
A. The attorney may comment freely as long as the comments are truthful.
B. The attorney should refrain from making any statement that has a substantial likelihood
of materially prejudicing the proceeding.
C. The attorney may comment because the trial is high-profile and the public has a right to
know.
D. The attorney may comment only if the prosecutor has already made a similar statement.
Correct Answer: B
Rationale: Model Rule 3.6(a) prohibits a lawyer from making an extrajudicial statement
that the lawyer knows or reasonably should know will be disseminated by means of public
communication and will have a substantial likelihood of materially prejudicing an
adjudicative proceeding. Commenting on the credibility of a witness is specifically listed as
a type of statement that is likely to be prejudicial. While there is a ‘right to reply’ exception
in Rule 3.6(c), it only applies to mitigate recent adverse publicity not initiated by the lawyer
or the lawyer’s client.
,3. A judge is presiding over a complex environmental litigation case. One of the parties is a
large corporation that has contributed significantly to the judge’s past election campaigns.
The opposing party moves for the judge’s disqualification. Which standard applies to this
situation?
A. The judge must disqualify himself only if he feels he cannot be impartial.
B. The judge must disqualify himself if his impartiality might reasonably be questioned.
C. The judge is never required to disqualify himself based on campaign contributions.
D. The judge must disqualify himself only if he has a direct financial interest in the
outcome.
Correct Answer: B
Rationale: Under the Code of Judicial Conduct Rule 2.11, a judge shall disqualify himself or
herself in any proceeding in which the judge’s impartiality might reasonably be questioned.
Significant campaign contributions from a party or their lawyer can create an appearance
of impropriety or bias that necessitates recusal. The test is objective, focusing on whether a
reasonable person, knowing all the circumstances, would doubt the judge’s fairness.
4. An attorney is representing a client in a personal injury lawsuit on a contingency fee basis.
The written fee agreement states that the attorney will receive 30% of any recovery. After a
successful settlement, the attorney calculates the fee but also deducts the costs of expert
witnesses and court filings from the client’s portion. The agreement was silent on how
expenses would be handled. Is the attorney’s conduct proper?
A. Yes, because it is standard practice to deduct expenses from the client’s share.
, B. No, because the written agreement failed to specify whether expenses were to be
deducted before or after the contingent fee is calculated.
C. Yes, because the attorney achieved a successful result for the client.
D. No, because attorneys are not allowed to charge for expert witness fees in contingency
cases.
Correct Answer: B
Rationale: Rule 1.5(c) requires that a contingent fee agreement be in writing and must
clearly state the method by which the fee is to be determined. This includes whether
expenses are to be deducted from the recovery and whether such expenses are to be
deducted before or after the contingent fee is calculated. Failure to include these specific
details in the written agreement constitutes a violation of the professional conduct rules.
5. A lawyer is a partner in a small law firm. He learns that a junior associate has been
overbilling several clients to meet the firm’s hourly targets. The partner tells the associate to
stop, but does not report the matter to the state bar or notify the affected clients. Is the
partner subject to discipline?
A. No, because the partner told the associate to stop the conduct.
B. Yes, because the partner failed to take reasonable remedial action to correct the
overbilling.
C. No, because the associate is primarily responsible for his own billing entries.
D. Yes, but only if the partner personally benefited from the overbilling.
