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Exam (elaborations)

Barbri MPRE Multiple Choice Questions with correct answers

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Abby is licensed to practice in State A but received "pro hac vice" permission from State B to represent a client in a lawsuit in State B court. During the State B litigation, Abby does something that violates the rules of professional conduct of State B. However, the action is permitted under State A's rules. State B's choice of law rule follows the ABA model rule. Which state's rule will apply to Abby's conduct? - Answer State B, because that is where the litigation took place. Explanation From Barbri: Although each state can discipline Abby, a lawyer's particular conduct is governed by only one set of disciplinary rules. Therefore, (C) is wrong. The choice of law rules are as follows: If the conduct in question occurred in connection with a proceeding that was pending before a tribunal, the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunal's rules provide otherwise. For any other conduct, the rules of the jurisdiction in which the predominant effect of the conduct occurred will apply (but note that if the lawyer reasonably believed that the predominant effect would be somewhere else, the lawyer won't be subject to discipline if the conduct would have been proper in that other jurisdiction). Because Abby's misconduct occurred in connection with litigation pending before a State B court, State B's rule will apply. Thus, (B) is correct and (A) is wrong. Attorney Selin suspects that Phil, her supervisor, is stealing from clients because he suddenly purchased several luxury items and seems "off." Selin does not report this to a disciplinary authority. Is Selin subject to discipline? - Answer No Explanation:

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Uploaded on
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Number of pages
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Written in
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