MPRE PREP EXAM QUESTIONS WITH CORRECT ANSWERS

MPRE PREP EXAM QUESTIONS WITH CORRECT ANSWERS What are the rules regarding acquiring an interest in the subject matter of litigation? - Answer-No proprietary interest in cause of action or subject matter of litigation EXCEPT: 1. Contingent fee 2. Lien on client's recovery (if authorized by law) What are the rules on receiving a gift from a client? - Answer-A lawyer cannot: 1. Solicit substantial gifts from clients unless it is a relative 2. Prepare instrument giving lawyer or the lawyer's relative a substantial gift UNLESS done is related to the client What are the exceptions to the rule against financial assistance to clients in litigation? - Answer-1. May advance court costs and expenses 2. May pay court costs and expenses for indigent client 3. When representing indigent PRO BONO client, may give client modest gifts for basic living expenses What are the requirements for an aggregate settlement agreement ? - Answer-1. Fully explain the claims and what everyone gets 2. Get informed consent from each client in a signed writing What is the rule on conflicts with former clients? - Answer-Cannot represent a new client against a former client if the matter is the same or substantially related to former client's matter, unless former client consents In regard to conflicts with former clients, what is the meaning of "substantially related"? - Answer-1. Same transaction/legal dispute; OR 2. Substantial risk confidential info would materially advance new client's position What is the conflict rule for a former firm's client? - Answer-Cannot work on opposite side if actually acquired confidential information about the matter while at the former firm What are the conflict rules regarding a conflict for a lawyer's old firm? - Answer-When lawyer and client leave, firm disqualified from representing other side in the same or substantially related matter if even one lawyer remaining at the firm has confidential information about the case, unless the former client consents.