MPRE Rules Exam Question With
Correct Answers
Rule 1.1 Competence - CORRECT ANSWER✔✔-SHALL be competent =
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legal knowledge, skill, thoroughness and preparation reasonably
| | | | | | |
necessary
Rule 1.2 Scope of Representation and Allocation of Authority - CORRECT
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ANSWER✔✔-SHALL abide by client's decisions concerning objectives of | | | | | | | |
representation |
SHALL consult with the client as to the means pursued.
| | | | | | | | | |
MAY take implied action to carry out representation
| | | | | | |
SHALL abide by a client's decision whether to settle
| | | | | | | |
SHALL abide by the client's decision as to criminal plea, waive jury trial
| | | | | | | | | | | | |
and whether the client will testify.
| | | | |
representation does NOT constitute endorsement of client's political,
| | | | | | | |
economic, social or moral views.
| | | |
MAY limit the scope of the representation if limitation is reasonable and
| | | | | | | | | | | |
informed consent. |
SHALL NOT engage, or assist a client, in criminal/fraudulent,
| | | | | | | | |
MAY discuss legal consequences of any proposed course of conduct
| | | | | | | | |
,Rule 1.3 Diligence - CORRECT ANSWER✔✔-SHALL use reasonable
| | | | | | | |
diligence and promptness
| |
Rule 1.4 Communication - CORRECT ANSWER✔✔-SHALL promptly
| | | | | | |
inform of required informed consent,
| | | | |
reasonably consult about the means used for objectives;
| | | | | | |
reasonably informed about the status;
| | | |
promptly comply with reasonable requests for information; and
| | | | | | |
consult about any relevant limitation on the lawyer's conduct
| | | | | | | | |
explain reasonably necessary for informed decisions regarding the
| | | | | | | |
representation."
Rule 1.5 Fees - CORRECT ANSWER✔✔-SHALL NOT agree for, charge, or
| | | | | | | | | | |
collect an unreasonable fee
| | | |
(1) the time / labor, the novelty / difficulty of questions, skill requisite;
| | | | | | | | | | | |
(2) likelihood, if apparent to client, that particular employment
| | | | | | | | |
precludes other employment by the lawyer;
| | | | |
(3) customarily charged in the locality for similar legal services;
| | | | | | | | |
(4) the amount involved and the results obtained;
| | | | | | |
(5) the time limitations;
| | |
(6) the nature and length of the professional relationship with the client;
| | | | | | | | | | |
(7) the experience, reputation, and ability of the lawyer; and
| | | | | | | | |
,(8) whether fee is fixed or contingent.
| | | | | |
SHALL communicate scope of representation and fee, + in writing,
| | | | | | | | | |
within a reasonable time, except when regular client. Any changes shall
| | | | | | | | | | |
also be communicated.
| |
MAY be contingent, if in signed writing, stating method, clearly notifying
| | | | | | | | | |
of any client expenses, and a written statement of outcome showing
| | | | | | | | | | | |
remittance and method of its determination. | | | | |
SHALL NOT be contingent fee securing a divorce or amount of alimony,
| | | | | | | | | | | |
or criminal case.
| |
ONLY fee-splitting if in proportion or each lawyer assumes joint
| | | | | | | | | |
responsibility; client agrees in writing; and fee is reasonable." | | | | | | | |
Rule 1.6 Confidentiality of Information - CORRECT ANSWER✔✔-SHALL
| | | | | | | |
not reveal information relating to the representation unless informed
| | | | | | | | |
consent, impliedly authorized or reasonably believes necessary prevent
| | | | | | | |
certain death or SBH; client from committing a crime reasonably certain
| | | | | | | | | | |
to result in substantial injury to financial interests and in furtherance of
| | | | | | | | | | | |
lawyer's services; mitigate or rectify substantial injury to financial
| | | | | | | | |
interests reasonably certain in furtherance lawyer's services; establish
| | | | | | | |
malpractice claim / defense, defense to a criminal charge or civil, or
| | | | | | | | | | | |
comply with other law or a court order."
| | | | | | |
Rule 1.7 Conflict of Interest: Current Clients - CORRECT ANSWER✔✔-
| | | | | | | | |
SHALL NOT represent a client if:
| | | | |
(1) representation is directly adverse to another client; or
| | | | | | | |
, (2) risk one or more clients materially limited by lawyer's responsibilities
| | | | | | | | | |
to another client/personal.
| | |
MAY represent if| |
reasonably believes competent and; not prohibited by law; does not
| | | | | | | | | |
assert a claim by one client against other; AND informed consent in
| | | | | | | | | | | |
writing."
Comments:
Resolution of a conflict SHALL: | | | | |
1) clearly identify client or clients;
| | | | | |
2) determine whether a conflict of interest exists;
| | | | | | | |
3) decide whether the conflict may be undertaken (consentability); and
| | | | | | | | | |
4) obtain informed consent in writing.
| | | | |
Paragraph 4: | |
Conflict AFTER Representation, lawyer must withdraw (unless informed
| | | | | | | |
consent). |
Paragraph 12: |
SHALL abstain from sexual relations with clients unless predates
| | | | | | | | |
Paragraph 16: | |
Conflicts nonconsentable by applicable law in some states substantive
| | | | | | | | |
law. |
Paragraph 23: | |
Crim case - can't represent more than one co defendant
| | | | | | | | |
Correct Answers
Rule 1.1 Competence - CORRECT ANSWER✔✔-SHALL be competent =
| | | | | | | | |
legal knowledge, skill, thoroughness and preparation reasonably
| | | | | | |
necessary
Rule 1.2 Scope of Representation and Allocation of Authority - CORRECT
| | | | | | | | | | |
ANSWER✔✔-SHALL abide by client's decisions concerning objectives of | | | | | | | |
representation |
SHALL consult with the client as to the means pursued.
| | | | | | | | | |
MAY take implied action to carry out representation
| | | | | | |
SHALL abide by a client's decision whether to settle
| | | | | | | |
SHALL abide by the client's decision as to criminal plea, waive jury trial
| | | | | | | | | | | | |
and whether the client will testify.
| | | | |
representation does NOT constitute endorsement of client's political,
| | | | | | | |
economic, social or moral views.
| | | |
MAY limit the scope of the representation if limitation is reasonable and
| | | | | | | | | | | |
informed consent. |
SHALL NOT engage, or assist a client, in criminal/fraudulent,
| | | | | | | | |
MAY discuss legal consequences of any proposed course of conduct
| | | | | | | | |
,Rule 1.3 Diligence - CORRECT ANSWER✔✔-SHALL use reasonable
| | | | | | | |
diligence and promptness
| |
Rule 1.4 Communication - CORRECT ANSWER✔✔-SHALL promptly
| | | | | | |
inform of required informed consent,
| | | | |
reasonably consult about the means used for objectives;
| | | | | | |
reasonably informed about the status;
| | | |
promptly comply with reasonable requests for information; and
| | | | | | |
consult about any relevant limitation on the lawyer's conduct
| | | | | | | | |
explain reasonably necessary for informed decisions regarding the
| | | | | | | |
representation."
Rule 1.5 Fees - CORRECT ANSWER✔✔-SHALL NOT agree for, charge, or
| | | | | | | | | | |
collect an unreasonable fee
| | | |
(1) the time / labor, the novelty / difficulty of questions, skill requisite;
| | | | | | | | | | | |
(2) likelihood, if apparent to client, that particular employment
| | | | | | | | |
precludes other employment by the lawyer;
| | | | |
(3) customarily charged in the locality for similar legal services;
| | | | | | | | |
(4) the amount involved and the results obtained;
| | | | | | |
(5) the time limitations;
| | |
(6) the nature and length of the professional relationship with the client;
| | | | | | | | | | |
(7) the experience, reputation, and ability of the lawyer; and
| | | | | | | | |
,(8) whether fee is fixed or contingent.
| | | | | |
SHALL communicate scope of representation and fee, + in writing,
| | | | | | | | | |
within a reasonable time, except when regular client. Any changes shall
| | | | | | | | | | |
also be communicated.
| |
MAY be contingent, if in signed writing, stating method, clearly notifying
| | | | | | | | | |
of any client expenses, and a written statement of outcome showing
| | | | | | | | | | | |
remittance and method of its determination. | | | | |
SHALL NOT be contingent fee securing a divorce or amount of alimony,
| | | | | | | | | | | |
or criminal case.
| |
ONLY fee-splitting if in proportion or each lawyer assumes joint
| | | | | | | | | |
responsibility; client agrees in writing; and fee is reasonable." | | | | | | | |
Rule 1.6 Confidentiality of Information - CORRECT ANSWER✔✔-SHALL
| | | | | | | |
not reveal information relating to the representation unless informed
| | | | | | | | |
consent, impliedly authorized or reasonably believes necessary prevent
| | | | | | | |
certain death or SBH; client from committing a crime reasonably certain
| | | | | | | | | | |
to result in substantial injury to financial interests and in furtherance of
| | | | | | | | | | | |
lawyer's services; mitigate or rectify substantial injury to financial
| | | | | | | | |
interests reasonably certain in furtherance lawyer's services; establish
| | | | | | | |
malpractice claim / defense, defense to a criminal charge or civil, or
| | | | | | | | | | | |
comply with other law or a court order."
| | | | | | |
Rule 1.7 Conflict of Interest: Current Clients - CORRECT ANSWER✔✔-
| | | | | | | | |
SHALL NOT represent a client if:
| | | | |
(1) representation is directly adverse to another client; or
| | | | | | | |
, (2) risk one or more clients materially limited by lawyer's responsibilities
| | | | | | | | | |
to another client/personal.
| | |
MAY represent if| |
reasonably believes competent and; not prohibited by law; does not
| | | | | | | | | |
assert a claim by one client against other; AND informed consent in
| | | | | | | | | | | |
writing."
Comments:
Resolution of a conflict SHALL: | | | | |
1) clearly identify client or clients;
| | | | | |
2) determine whether a conflict of interest exists;
| | | | | | | |
3) decide whether the conflict may be undertaken (consentability); and
| | | | | | | | | |
4) obtain informed consent in writing.
| | | | |
Paragraph 4: | |
Conflict AFTER Representation, lawyer must withdraw (unless informed
| | | | | | | |
consent). |
Paragraph 12: |
SHALL abstain from sexual relations with clients unless predates
| | | | | | | | |
Paragraph 16: | |
Conflicts nonconsentable by applicable law in some states substantive
| | | | | | | | |
law. |
Paragraph 23: | |
Crim case - can't represent more than one co defendant
| | | | | | | | |
