MPRE 2024 EXAM QUESTIONS WITH CORRECT ANSWERS

MPRE 2024 EXAM QUESTIONS WITH CORRECT ANSWERS Types of retainers - Answer-1) Advance of fees - belongs to client and goes into trust account and is transferred to operating account once earned; and any unearned portion must be returned if laywer is fired or withdraws. 2) Availability - Belongs to attorney and goes into lawyer's accoun Advertising - Answer-Cannot be false or misleading - applies to ads, personal communication, office signs, cards, letters, emails, etc. Any communication concerning a lawyer's services shall include the name and address of at least one lawyer or law firm responsible for its content 1) Cannot create unjustified expectations 2) Cannot have unsubstantiated comparisons unless factually verifiable. 3) Cannot imply results by improper means Referrals - Answer-Okay to split fees with other lawyer outside of firm as follows 1) Work together 2) With client's written informed consent that discloses the share each lawyer will get 3) Paid proportionally to work done (OR, some different proportion IF each lawyer assumes joint responsibility for the matter) 4) One reasonable fee in total Reciprocal referral arrangements - Answer-Lawyer can enter into a reciprocal referral arrangement with another lawyer, or non-lawyer professional, with the following restrictions: 1) Arrangement cannot be exclusive 2) Referred client must be told of the arrangement and if the arrangement creates a conflict of interest for either or receiving lawyer, then the lawyer must get the client's written informed consent 3) The referral agreement must not interfere with the lawyer's professional judgment as to making referrals. 4) The agreement should not be of indefinite duration and should be reviewed periodically to be sure it complies with the Rules. Solicitation - Answer-General Ban on solicitation: Solicitation is seeking fee paying work through a targeted communication, initiated by the lawyer, that is directed to a specific person, that offers to provide or can reasonably be understood as offering to provide legal services through in person, live telephone, real time electronic contact with a non-lawyer with whom the lawyer has no family, close personal or previous relationship