MPRE STUDY GUIDE ASSESSMET EXAM QUESTIONS WITH CORRECT ANSWERS

MPRE STUDY GUIDE ASSESSMET EXAM QUESTIONS WITH CORRECT ANSWERS Difference between professional discipline and Malpractice - Answer-Pro Discipline- a penalty imposed by the state disciplinary authority for violating the MPRC Malpractice- civil liability for damages to compensate a client for injury caused for a lawyer What are malpractice theories? - Answer-(1) Breach of Contract (2) Breach of Fiduciary Duty (3) Intentional Tort (4) negligence (duty, breach, causation, and damages) Malpractice- Respondent Superior - Answer-a law firm may be civilly liable for damages caused by a principal or employee acting in the ordinary course of the firm's business Malpractice- limiting malpractice recovery - Answer-not permitted prospectively, unless the client is represented by an independent lawyer in making the agreement Malpractice- settlement of malpractice claims - Answer-Not permitted if the other party is unrepresented client or former client, unless advised of the desirability of independent counsel and given reasonable opportunity to seek such advice. Tort liability to non-clients - Answer-(1) A lawyer may owe a duty to a non-client when the non-client has been invited to rely on the opinion or legal series of the lawyer (2) A lawyer may owe a duty to a non-client when the lowery knows that client intends the lawyers services to benefit the non-client (3) Lawyer representing a client int eh client's capacity as fiduciary may in some circumstances be liable to beneficiary for failure to use care to protect beneficiary Liability for contract entered on client's behalf - Answer-Undisclosed principal: lawyer is subject to liability unless disclaimed at the time of contracting contracts for goods and services normally provided to lawyers: lawyer is subject to liability unless disclaimed at the time of contracting Unauthorized acts: lawyer is subject to liability if the lawyer tortuously misrepresents to a third person that the lawyer had general authority to act for client Criminal liability for crime committed in course of representing a client - Answer-Guilty to the same extent on the same basis as a non-lawyer acting in a similar manner