MPRE (BAR-BRI) EXAM QUESTIONS WITH ANSWERS

MPRE (BAR-BRI) EXAM QUESTIONS WITH ANSWERS Incompetence - EXCEPTIONS - Answer-Ways to get around (or deal with) the fact that you are incompetent in a specific area of the law (A-L-E) 1. Associate with another lawyer, but you musthave the client's permission in advance 2. Learn the Law 3. Emergency (but this only gets you around the ethical violation - you still may be liable for malpractice) Scope, Objectives, and Means of Representation - Answer-A lawyer may take action implyably authorized by client (it is implied that you will do "this" as the client's attorney) Decision Making Authority (Actual and Apparent) - Answer-CLIENT - makes the important decision ATTORNEY - makes the procedural and tactial decisions Examples of Important Decisions (reserved for the Client) - Answer-Sue, Settle (therefore all offers for settlement MUST be communicated to the Client), Testify, Plea Entered, Jury or Bench (choice of type of trial), Appel Example of Procedural and Tactical Decisions (reserved for the Attorney) - Answer-Where to file / which court, Depositions (how many, who), Discovery (interrogatories, who to file against, what documents to request), Continuances (requests) Exceptions to the General Rule of Decisions (General Rule being Important=Cient, Procedural and Tactical = Attorney) - Answer-1. Monetary Issues - for example, deposition and discovery costs may be beyond what the client can afford 2. Third Person "Well Being" - If client is concerned of attorney's actions and impact on a 3rd Person Decision Making and Clients with Diminished Capacity - Answer-In this situation, you need to get a guardian appointed to make decisions for the client (you will carry out the guardian's decisions) Counsel and Assistance Within the Bounds of the Law - Answer-The lawyer must be honest. You have no duty to supplement under the ethical rules.