MPRE EXAM QUESTIONS AND ANSWERS 2024

MPRE EXAM QUESTIONS AND ANSWERS 2024 Unnamed members of a class and conflicts - Answer-In a class action litigation, the unnamed members of a class ordinarily are not regarded as clients for conflict of interest purposes. Confidentiality and Privilege Problems - Answer-In litigation between two former joint clients of a single lawyer, neither client can claim the attorney-client privilege; therefore, before undertaking multiple representation, the lawyer should explain that whatever one client discloses will be shared with the other client. Fee Factors - Answer-Time and labor required; novelty and difficulty of the questions involved; the skill required; whether the lawyer is precluded from other work; what other lawyers in the community charge; the amount at stake and the results obtained; time limitations; the experience, reputation, and ability of the lawyer, and whether the fee is fixed or contingent. Business transactions with client - Answer-Not allowed unless 1) terms of the transaction are fair to client; 2) fully disclosed to client in writing; 3) client is advised in writing that he should get the advise of another independent lawyer before entering into that arrangement; 4) client gives informed consent, in writing that the client signs. Soliciting substantial gift - Answer-A lawyer is prohibited from soliciting a substantial gift from a client who is not a relative (lawyer may accept but the gift may be void for undue influence). Preparing legal instrument that creates a substantial gift - Answer-A lawyer must not prepare a legal instrument in which the client gives the lawyer or his relatives a substantial gift, except where the client is a relative. Lucrative appointments - Answer-A lawyer is not prohibited from seeking to have himself named as executor of an estate or counsel to the executor or to some other fee-paying position.