MPRE EXAM QUESTIONS WITH COMPLETE SOLUTIONS

MPRE EXAM QUESTIONS WITH COMPLETE SOLUTIONS What is the definition of competent representation? - Answer-It means that the lawyer must use knowledge, skill, thoroughness, and preparation reasonably necessary to meet the clients needs. what are the factors in assessing a lawyer's knowledge and skill? - Answer-The complexity and nature of the matter, the lawyer's training and experience int eh relevant area, the amount of prep the lawyer can give, and the lawyer's ability to consult with a more knowledgeable lawyer. If an emergency occurs, and the lawyer has very little experience and lacks the time to become competent in the area, can the lawyer still help the client? - Answer-Yes. In an emergency situation, a lawyer can give limited advice or assistance, even if the lawyer isn't otherwise competent. However, to protect the client, the lawyer must provide the least amount of assistance necessary to address the emergency. what are the different aspects of a lawyer's duty of diligence? - Answer-(1) taking lawful and ethical measures to accomplish the client's goals, regardless of opposition, obstruction, or personal inconvenience; (2) acting with dedication, commitment, and zeal; (3) controlling their own workload to permit sufficient time for each matter; (4) avoiding unnecessary delay and; (5) following matters through to their conclusion. What is the definition of malpractice - Answer-Malpractice means actions by an attorney that are either professionally negligent or breach a fiduciary duty. what must a plaintiff prove to recover damages from an attorney for legal malpractice? - Answer-a plaintiff must prove that the lawyer owed the plaintiff a duty of care, breached that duty, and caused damages.