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Exam (elaborations)

MPRE Practice Questions With Correct Answers

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MPRE Practice Questions With Correct Answers

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MPRE Practice Questions With Correct
Answers

1. Conglomerate Corporation owns a little more than half the stock of
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Giant Company. Conglomerate's stock, in turn, is public, available on the
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public stock exchange, as is the remainder of the stock in Giant
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Company. The president of Conglomerate Corporation has asked
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Attorney Stevenson to represent Giant Company in a deal by which
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Giant would make a proposed transfer of certain real property to
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Conglomerate Corporation. The property in question is unusual because
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it contains an underground particle collider used for scientific research,
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but also valuable farmland on the surface, as well as some valuable
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mineral rights in another part of the parcel. These factors make the
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property value difficult to assess by reference to the general real-estate
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market, which means it is difficult for anyone to determine the fairness
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of the transfer price in the proposed deal. Would it be proper for
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Attorney Stevenson to facilitate - CORRECT ANSWER✔✔-d) No, not
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unless the attorney first obtains effective informed consent of the
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management of Giant Company, as well as that of Conglomerate,
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because the ownership of Conglomerate and Giant is not identical, and
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their interests materially differ in the proposed transaction.
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RESTATEMENT § 131 | |

,2. Mr. Burns, the chief executive officer of Conglomerate Corporation,
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now faces criminal charges of discussing prices with the president of a
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competing firm. If found guilty, both Mr. Burns and Conglomerate
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Corporation will be subject to civil and criminal penalties under state
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and federal antitrust laws. An attorney has been representing
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Conglomerate Corporation. She has conducted a thorough investigation | | | | | | | |



of the matter, and she has personally concluded that no such pricing
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discussions occurred. Both Conglomerate Corporation and Mr. Burns
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plan to defend on that ground. Mr. Burns has asked the attorney to
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represent him, as well as Conglomerate Corporation, in the proceedings.
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The legal and factual defenses of Conglomerate Corporation and Mr.
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Burns seem completely consistent at the outset of the matter. Would
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the attorney need to obtain informed consent to a conflict of interest
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from both Mr. Burns and a separate corp - CORRECT ANSWER✔✔-a)
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Yes, the likelihood of conflicting positions
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in such matters as plea bargaining requires the attorney to obtain the
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informed consent of both clients before proceeding with the
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representation.


RESTATEMENT § 131 | |




3. An attorney decides to purchase "litigation cost protection" insurance
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for matters she handles on a contingency fee basis. Plaintiffs' lawyers
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can buy this type of insurance on a case-by-case basis, for a one-time
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premium payment. The insurance is available for purchase up to three
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months after the filing of the initial complaint. Note that this policy is
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separate and distinct from malpractice liability insurance. The purpose
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,of this type of insurance is to reimburse the attorney for litigation costs
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advanced by the attorney - only in the event of a trial loss. Do the Model
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|Rules of Professional Conduct prohibit the attorney from purchasing
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litigation cost protection insurance for her contingency fee cases?
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a) Yes, because the client and the attorney may have different cost-
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benefit calculations. |




b) Yes, for an attorney may prefer that his
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client accept a low settlement offer to ensure that the attorney receives
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- CORRECT ANSWER✔✔-d) No, the attorney may purchase litigation
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cost protection insurance so long as she does not allow the terms of the
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coverage to adversely affect her independent professional judgment,
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the client-lawyer relationship, or the client's continuing best interests.
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N.C Formal Ethics Op. 2018-6
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4. An attorney purchased "litigation cost protection" insurance at the
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outset of representing a plaintiff in a personal injury case. When the
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attorney recovered funds for the client through a settlement or
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favorable trial verdict, the attorney proposed to receive reimbursement
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for the insurance premium from the judgment or settlement funds. The
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attorney disclosed the cost of the insurance to the client as part of the
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representation agreement. Was it proper for the attorney to include in a | | | | | | | | | | |

, |client's fee agreement a provision allowing the attorney's purchase of
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litigation cost protection insurance and requiring reimbursement of the
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insurance premium from the client's funds in the event of a settlement
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or favorable trial verdict?
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a) Yes, because the Model Rules do not purport to regulate insurance
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for lawyers, which is a matter of state statute.
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b) Yes, if the amount charged to the client is fair and reasonable, and t -
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CORRECT ANSWER✔✔-b) Yes, if the amount charged to the client is fair
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and reasonable, and the lawyer fully explains to the client what
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litigation cost protection insurance is, why the lawyer believes a
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litigation cost protection policy will serve the client's best interests, that
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the client should get the advice of independent legal counsel regarding
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the arrangement, that other lawyers may advance the client's costs
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without charging the client the cost of a litigation cost protection policy;
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|and the client gives informed consent in writing, while the lawyer
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maintains independent professional judgment. | | |




N.C Formal Ethics Op. 2018-6
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5. Mr. Burns, the chief executive officer of Conglomerate Corporation,
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now faces criminal charges of discussing prices with the president of a
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competing firm. If found guilty, both Mr. Burns and Conglomerate
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