MPRE Exam V2 | Multistate Professional
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney is representing a client in a complex civil litigation matter. During the course of
the representation, the attorney discovers that the client has used the attorney’s services to
commit a crime in the past, but the criminal act is not ongoing and has no future impact. The
attorney wants to disclose this information to the authorities. Under the ABA Model Rules, is
the attorney permitted to disclose this information?
A. Yes, because the client used the attorney’s services to commit a crime.
B. Yes, to prevent the client from committing a future crime.
C. No, because the crime is in the past and there is no ongoing or future harm to prevent.
D. No, unless the attorney receives a court order to disclose the information.
Correct Answer: C
Rationale: Under Model Rule 1.6(b), a lawyer may reveal information relating to the
representation of a client to the extent the lawyer reasonably believes necessary to prevent
the client from committing a crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or property of another and in furtherance of
which the client has used or is using the lawyer’s services. However, in this scenario, the
crime is in the past and there is no ongoing or future harm to prevent. Therefore, the
,attorney is bound by the duty of confidentiality and must not disclose the information
without client consent.
2. An attorney was recently admitted to the bar and was hired to represent a client in a
medical malpractice case. The attorney has never handled a medical malpractice case before.
Which of the following actions would be improper for the attorney to take?
A. Associate with a lawyer who is competent in medical malpractice law.
B. Accept the case and charge a higher fee because of the learning curve involved.
C. Study the law of medical malpractice to become competent in the field.
D. Provide representation if the legal work required is of the kind the attorney is
competent to perform.
Correct Answer: B
Rationale: Model Rule 1.1 requires a lawyer to provide competent representation to a
client. Competence can be achieved through study and preparation or by associating with a
lawyer of established competence in the field. However, Rule 1.5(a) prohibits charging an
unreasonable fee, and charging a client for the lawyer’s time spent gaining basic
competence in a new field is generally considered unreasonable.
,3. An attorney represents a corporation in a lawsuit against a former employee. The attorney
wants to interview a current mid-level manager of the corporation regarding the facts of the
case. Does the attorney need to obtain the consent of the corporation’s board of directors
before conducting the interview?
A. Yes, because the manager is a current employee of the corporation.
B. No, because the attorney represents the corporation, and the manager is an employee of
the client.
C. Yes, because the manager’s statements could be imputed to the corporation.
D. No, unless the manager has their own independent counsel.
Correct Answer: B
Rationale: Under Model Rule 1.13, a lawyer employed or retained by an organization
represents the organization acting through its duly authorized constituents. As the attorney
represents the corporation, they are permitted to communicate with the corporation’s
employees, such as the mid-level manager, in the course of the representation. Consent
from the board of directors is not required because the manager is essentially a constituent
of the client organization.
4. A judge is presiding over a trial in which one of the parties is represented by a law firm
where the judge’s brother is a senior partner. The brother is not involved in this particular
case. Must the judge disqualify himself?
A. No, as long as the judge’s brother is not personally involved in the case.
, B. Yes, but only if the judge’s brother is appearing as a lawyer in the proceeding.
C. Yes, because the judge’s brother is a partner in the firm representing a party.
D. No, if the judge believes he can remain impartial and the parties waive the
disqualification.
Correct Answer: C
Rationale: Under Rule 2.11(A)(2)(c) of the Code of Judicial Conduct, a judge shall
disqualify himself in any proceeding in which the judge’s impartiality might reasonably be
questioned, including when a person within the third degree of relationship is known by
the judge to have more than a de minimis interest that could be substantially affected by
the proceeding. A partner in a law firm representing a party generally has such an interest.
This disqualification is mandatory unless waived by the parties and their lawyers after
disclosure on the record.
5. An attorney is representing a client who is a defendant in a criminal case. The client tells
the attorney that he intends to testify falsely at trial. The attorney has tried to persuade the
client not to do so, but the client insists. What is the attorney’s next step?
A. Allow the client to testify in narrative form.
B. Seek the court’s permission to withdraw from the case.
C. Report the client’s intent to the prosecutor immediately.
D. Call the client to the stand and ask only the questions that will elicit truthful testimony.
Correct Answer: B
Responsibility Examination (MPRE) | Q&A
with Rationale (MPRE Exam) | National
Conference of Bar Examiners (NCBE)
1. An attorney is representing a client in a complex civil litigation matter. During the course of
the representation, the attorney discovers that the client has used the attorney’s services to
commit a crime in the past, but the criminal act is not ongoing and has no future impact. The
attorney wants to disclose this information to the authorities. Under the ABA Model Rules, is
the attorney permitted to disclose this information?
A. Yes, because the client used the attorney’s services to commit a crime.
B. Yes, to prevent the client from committing a future crime.
C. No, because the crime is in the past and there is no ongoing or future harm to prevent.
D. No, unless the attorney receives a court order to disclose the information.
Correct Answer: C
Rationale: Under Model Rule 1.6(b), a lawyer may reveal information relating to the
representation of a client to the extent the lawyer reasonably believes necessary to prevent
the client from committing a crime or fraud that is reasonably certain to result in
substantial injury to the financial interests or property of another and in furtherance of
which the client has used or is using the lawyer’s services. However, in this scenario, the
crime is in the past and there is no ongoing or future harm to prevent. Therefore, the
,attorney is bound by the duty of confidentiality and must not disclose the information
without client consent.
2. An attorney was recently admitted to the bar and was hired to represent a client in a
medical malpractice case. The attorney has never handled a medical malpractice case before.
Which of the following actions would be improper for the attorney to take?
A. Associate with a lawyer who is competent in medical malpractice law.
B. Accept the case and charge a higher fee because of the learning curve involved.
C. Study the law of medical malpractice to become competent in the field.
D. Provide representation if the legal work required is of the kind the attorney is
competent to perform.
Correct Answer: B
Rationale: Model Rule 1.1 requires a lawyer to provide competent representation to a
client. Competence can be achieved through study and preparation or by associating with a
lawyer of established competence in the field. However, Rule 1.5(a) prohibits charging an
unreasonable fee, and charging a client for the lawyer’s time spent gaining basic
competence in a new field is generally considered unreasonable.
,3. An attorney represents a corporation in a lawsuit against a former employee. The attorney
wants to interview a current mid-level manager of the corporation regarding the facts of the
case. Does the attorney need to obtain the consent of the corporation’s board of directors
before conducting the interview?
A. Yes, because the manager is a current employee of the corporation.
B. No, because the attorney represents the corporation, and the manager is an employee of
the client.
C. Yes, because the manager’s statements could be imputed to the corporation.
D. No, unless the manager has their own independent counsel.
Correct Answer: B
Rationale: Under Model Rule 1.13, a lawyer employed or retained by an organization
represents the organization acting through its duly authorized constituents. As the attorney
represents the corporation, they are permitted to communicate with the corporation’s
employees, such as the mid-level manager, in the course of the representation. Consent
from the board of directors is not required because the manager is essentially a constituent
of the client organization.
4. A judge is presiding over a trial in which one of the parties is represented by a law firm
where the judge’s brother is a senior partner. The brother is not involved in this particular
case. Must the judge disqualify himself?
A. No, as long as the judge’s brother is not personally involved in the case.
, B. Yes, but only if the judge’s brother is appearing as a lawyer in the proceeding.
C. Yes, because the judge’s brother is a partner in the firm representing a party.
D. No, if the judge believes he can remain impartial and the parties waive the
disqualification.
Correct Answer: C
Rationale: Under Rule 2.11(A)(2)(c) of the Code of Judicial Conduct, a judge shall
disqualify himself in any proceeding in which the judge’s impartiality might reasonably be
questioned, including when a person within the third degree of relationship is known by
the judge to have more than a de minimis interest that could be substantially affected by
the proceeding. A partner in a law firm representing a party generally has such an interest.
This disqualification is mandatory unless waived by the parties and their lawyers after
disclosure on the record.
5. An attorney is representing a client who is a defendant in a criminal case. The client tells
the attorney that he intends to testify falsely at trial. The attorney has tried to persuade the
client not to do so, but the client insists. What is the attorney’s next step?
A. Allow the client to testify in narrative form.
B. Seek the court’s permission to withdraw from the case.
C. Report the client’s intent to the prosecutor immediately.
D. Call the client to the stand and ask only the questions that will elicit truthful testimony.
Correct Answer: B
