MISSED/TRICKY MPRE QUESTIONS
AND ANSWERS WITH SOLUTIONS 2024
May CPA and Lawyer form partnership so long as the CPA does not give legal advice and only does CPA
work? - ANSWER No.
A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist
of the "practice of law." 5.5. A lawyer who does so is assisting another in the unauthorized practice of
law and is subject to discipline. 5.5 (a). Even though only the lawyer is doing the legal services, the
partnership is providing the legal services (and the accountant is a partner).
Can non-lawyers be an officer of a corporation or association/firm authorized to practice law for a profit?
- ANSWER NO. 5.4(d)(2): "A lawyer shall not practice with or in the form of a professional corporation or
association authorized to practice law for a profit, if...a nonlawyer is a corporate director or officer
thereof or occupies the position of similar responsibility."
Prior to conclusion of representation, may a lawyer make/negotiate an agreement with the client giving
lawyer literary or media rights to a portrayal or account based on the representation? - ANSWER No!
1.8(d) "Prior to conclusion of representation, a lawyer shall not make or negotiate an agreement giving
lawyer literary or media rights to a portrayal or account based in substantial part on information relating
to the representation."
May attorney disclose tax info IRS requests if client tells attorney not to? - ANSWER No!
Unless an exception related to preventing a crime, defending the attorney, or compliance with law or a
court order, the general rule is that
"A lawyer shall not reveal information relating to the representation of a client unless the client gives
informed consent." 1.6.
Do the MPRE rules prohibit a lawyer and nonlawyer have an agreement where they recommend the
other's services to their clients, so long as the lawyer practices in the nonlawyers area, they do not share
fees and their prices are reasonable? - ANSWER Yes! The rules prohibit the arrangement.
, A lawyer may not give anything of value to a person for recommending the lawyer's services except
under certain circumstances. 7.2(b). "Anything of value" refers to more than money, including
recommendations and referrals.
May a lawyer contact a person not represented by a lawyer involved in the lawyer's case? - ANSWER Yes,
but the lawyer must tell the person that he is a lawyer representing a client and must not imply that the
lawyer is disinterested.
"In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state
or imply that the lawyer is disinterested." 4.3.
May a former government lawyer who investigated a defendant take on a case/client that involves the
same defendant in a civil matter? - ANSWER No.
Summary (0%)A former government lawyer may not represent a client in connection "with a matter in
which the lawyer participated personally and substantially as a public officer or employee, unless the
appropriate government agency gives its informed consent, confirmed in writing, to the representation."
1.1(a)(2).
Four years ago lawyer represented husband and wife in purchase of home. Since them, attorney also
helped prepare their tax returns and draft their wills.
The couple is now getting divorced and want the lawyer to represent both of them and have an amicable
divorce.
May the lawyer represent them jointly? - ANSWER Yes, so long as:
"1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal;
4) each affected client gives informed consent confirmed in writing."
AND ANSWERS WITH SOLUTIONS 2024
May CPA and Lawyer form partnership so long as the CPA does not give legal advice and only does CPA
work? - ANSWER No.
A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist
of the "practice of law." 5.5. A lawyer who does so is assisting another in the unauthorized practice of
law and is subject to discipline. 5.5 (a). Even though only the lawyer is doing the legal services, the
partnership is providing the legal services (and the accountant is a partner).
Can non-lawyers be an officer of a corporation or association/firm authorized to practice law for a profit?
- ANSWER NO. 5.4(d)(2): "A lawyer shall not practice with or in the form of a professional corporation or
association authorized to practice law for a profit, if...a nonlawyer is a corporate director or officer
thereof or occupies the position of similar responsibility."
Prior to conclusion of representation, may a lawyer make/negotiate an agreement with the client giving
lawyer literary or media rights to a portrayal or account based on the representation? - ANSWER No!
1.8(d) "Prior to conclusion of representation, a lawyer shall not make or negotiate an agreement giving
lawyer literary or media rights to a portrayal or account based in substantial part on information relating
to the representation."
May attorney disclose tax info IRS requests if client tells attorney not to? - ANSWER No!
Unless an exception related to preventing a crime, defending the attorney, or compliance with law or a
court order, the general rule is that
"A lawyer shall not reveal information relating to the representation of a client unless the client gives
informed consent." 1.6.
Do the MPRE rules prohibit a lawyer and nonlawyer have an agreement where they recommend the
other's services to their clients, so long as the lawyer practices in the nonlawyers area, they do not share
fees and their prices are reasonable? - ANSWER Yes! The rules prohibit the arrangement.
, A lawyer may not give anything of value to a person for recommending the lawyer's services except
under certain circumstances. 7.2(b). "Anything of value" refers to more than money, including
recommendations and referrals.
May a lawyer contact a person not represented by a lawyer involved in the lawyer's case? - ANSWER Yes,
but the lawyer must tell the person that he is a lawyer representing a client and must not imply that the
lawyer is disinterested.
"In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state
or imply that the lawyer is disinterested." 4.3.
May a former government lawyer who investigated a defendant take on a case/client that involves the
same defendant in a civil matter? - ANSWER No.
Summary (0%)A former government lawyer may not represent a client in connection "with a matter in
which the lawyer participated personally and substantially as a public officer or employee, unless the
appropriate government agency gives its informed consent, confirmed in writing, to the representation."
1.1(a)(2).
Four years ago lawyer represented husband and wife in purchase of home. Since them, attorney also
helped prepare their tax returns and draft their wills.
The couple is now getting divorced and want the lawyer to represent both of them and have an amicable
divorce.
May the lawyer represent them jointly? - ANSWER Yes, so long as:
"1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client
2) the representation is not prohibited by law;
3) the representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal;
4) each affected client gives informed consent confirmed in writing."
