MPRE ASSESSMENT EXAM QUESTIONS WITH COMPLETE SOLUTIONS

MPRE ASSESSMENT EXAM QUESTIONS WITH COMPLETE SOLUTIONS Former Client Conflicts (1.9) - Answer-*Ongoing Duty of Confidentiality* Can't reveal confidential information or use it to former client's disadvantage without consent UNLESS information has become generally known. Opposing Former Clients 1. Cannot represent new client against former client if matter is same or substantially related to former client's matter UNLESS former client consents. a. Prior relationship must have clearly ended Meaning of "Substantially Related" a. Same transaction/legal dispute, OR b. Substantial risk confidential information would materially advance new client's position *Former Firm's Client* Cannot work on opposite side if actually acquired confidential information about the matter while at former firm. Disqualification of New Firm a. If incoming lawyer has conflict, firm can screen the disqualified lawyer: i. No sharing of fees ii. No access to case files iii. Notice to former client with disclosures about procedures iv. Updates to former client Disqualification of Old Firm a. When client leaves, firm disqualified from representing other side in same or substantially related matter IF even one lawyer remaining at firm has confidential information about the case UNLESS former client consents. Prospective Client Conflicts (1.18) - Answer-No adverse representation in *same or substantially related matter* if confidential information would be *significantly harmful* to prospective client *Imputation and Screening*. Conflict imputed to firm but can be cured with screening Governmental Conflicts (1.11) - Answer-*Government → Private Practice* 1. Cannot represent private client without government agency's CONSENT if: a. Same "matter" (must involve specific facts and parties) b. Lawyer worked personally and substantially involvement on matter while in government i. Matter: must have relevant facts to a case; does not apply to congressional positions