MPRE EXAM QUESTIONS AND ANSWERS
You can charge a contingent fee in a domestics relations case if: - Answers- Collecting
a post judgment balance due under and existing order for child support, alimony, etc.
A lawyer may pay the reasonable fees of an expert witness but such fees should never
be... - Answers- contingent on the content of the testimony or the outcome of the case
Can a lawyer limit malpractice liability in advance? - Answers- Yes, if the client is
independently represented in making the agreement.
You may refer a client to a lawyer or a non-lawyer professional pursuant to a reciprocal
referral agreement. The agreement must: - Answers- Not be exclusive and the referred
client must be informed of the existence and nature of the agreement
When must informed consent/agreement be in writing signed by the client? - Answers-
1) business transaction w/ pecuniary interest adverse to the client
2) aggregate settlement between clients
3) contingent fee agreements
Are true referral fees (where one lawyer isn't involved with or responsible for the case)
allowed between lawyers at different firms? - Answers- No
What must be true of the fee split between lawyers at different firms? - Answers- The
fee split must be proportional to the work done by each lawyer or each lawyer must
assume joint responsibility for the representation.
What should a lawyer do if multiple clients' interests actually become adverse during
representation? - Answers- The lawyer must re-assess the conflict and may be required
to withdraw if the adverse interests cannot be reconciled.
What documentation is necessary when a lawyer represents multiple clients with
potentially adverse interests? - Answers- The clients' informed consent, confirmed in
writing.
Under what circumstances is a partner subject to discipline for a subordinate lawyer's
misconduct? - Answers- If the firm lacked adequate training or supervision, or if the
partner ordered, ratified, or knew about the misconduct and failed to mitigate it.
What is the partner's responsibility in terms of civil liability when a subordinate lawyer's
misconduct injures a client? - Answers- Each partner is liable for the firm's obligations,
including injuries to a client caused by a subordinate lawyer's misconduct.
,When might a partner not be liable for a subordinate lawyer's disciplinary violation? -
Answers- If the firm has adequate training and supervision in place and the partner
neither ordered, ratified, nor knew about the misconduct
What must a partner do to avoid liability if they know about a subordinate's misconduct?
- Answers- Take reasonable steps to mitigate or address the misconduct to avoid
liability.
What conditions must be met for a fee-sharing arrangement between lawyers at
different firms to be ethical? - Answers- The total fee must be reasonable, and the client
must consent to the arrangement and understand its terms.
When can a lawyer testify on a client's behalf or act as the client's advocate at a
legislative or administrative proceeding? - Answers- If the lawyer discloses that they are
acting in a representative capacity.
What should a lawyer do with funds in dispute between a client, lawyer, or third party? -
Answers- Keep the disputed portion separate in the client trust account until the dispute
is resolved.
What is required for a lawyer to represent clients with potentially adverse interests? -
Answers- The lawyer must reasonably believe competent and diligent representation is
possible and must obtain informed consent from all clients, confirmed in writing.
When can you provide a client with modest gifts for basic living expenses? - Answers-
Pro bono
What rules apply when a client compensates a lawyer with non-monetary property or a
business interest? - Answers- Must be fair to the client and comply with rules on
business transactions with clients
Can a client compensate a lawyer with non-monetary property or a business interest? -
Answers- Yes
Is it permissible for a lawyer to receive a proprietary interest in the subject of litigation as
compensation? - Answers- No
Can a judge testify as a character witness? - Answers- No unless summoned to testify
You generally don't need to refund a ______________ - Answers- Retainer fee
What is a true retainer fee? - Answers- Money that is paid solely to ensure the
availability of the lawyer, and the lawyer who is fired or withdraws generally need not
refund the retainer fee.
,If an attorney is admitted to practice in multiple states with conflicting rules, which rules
apply when there is a conflict? - Answers- Typically the state where the predominant
effect of the conduct occurs.
How is a lawyer regulated across different states of admission, and what happens if
state rules conflict? - Answers- A lawyer is subject to regulation by each state where
they are admitted to practice, regardless of where they actually practice or where their
conduct occurred. If the rules of these states conflict, choice of law rules apply.
Attorney represented Plaintiff in a dog bite case using his standard contingent fee
agreement. The case went to trial and plaintiff prevailed, the jury awarded him
$100,000, of which $33,333 was Attorney's contingent fee under the fee agreement.
Plaintiff told Attorney he was going to spend $30,000 on a new motorcycle, even though
he has never ridden one before. Attorney encouraged plaintiff to take a motorcycle
safety class first, before buying the motorcycle. Attorney received the check the day
before Plaintiff started his weeklong motorcycle-safety class. When the class was over,
Attorney notified him that the check had arrived, and sent him a check for $66,667.
Attorney told Alaintiff that he had withheld the check because he wanted plaintiff to finish
his safety class first.
Is Attorney subject to discipline? - Answers- Yes, because Attorney should have told
Plaintiff about receiving the check as soon as he received it from the defendant.
"Reasonable belief" or "reasonably believes," when used in reference to a lawyer,
denotes that the lawyer: - Answers- believes the matter in question and that the
circumstances are such that the belief is reasonable
"Substantial," when used in reference to degree or extent - Answers- a material matter
of clear and weighty importance
What must a lawyer do if they provide law-related services through an entity they
control? - Answers- Take reasonable measures to ensure clients understand that these
services are not legal services and do not include client-lawyer relationship protections
What are examples of law-related services under Rule 5.7? - Answers- Financial
planning, accounting, and social work
When is a lawyer required to report another lawyer's misconduct? - Answers- if they
know of a violation of the MRPC that raises substantial questions about the other
lawyer's honesty, trustworthiness, or fitness to practice
Does the mandatory reporting rule also apply to reporting judges? - Answers- Yes
, What are the exceptions to the mandatory reporting rule under Rule 8.3? - Answers-
Information protected by (1) the rules of confidentiality or (2) information gained through
an approved lawyers' assistance program.
What level of knowledge is required for mandatory reporting of misconduct? - Answers-
Actual knowledge
What are the potential consequences if a lawyer fails to properly address a conflict of
interest? - Answers- The lawyer may face disqualification from the case, professional
discipline, and civil liability for legal malpractice.
What is an imputed conflict of interest? - Answers- A conflict of interest that is attributed
from one lawyer to other lawyers in the same firm, restricting them from taking on
related matters.
How can a lawyer handle conflicts related to former employment or prospective clients?
- Answers- The lawyer must be screened from the matter, receive no part of the fee,
and provide written notice to the affected client.
What is required for a lawyer to accept compensation from a third party for representing
a client? - Answers- The client must give informed consent, the third party cannot
interfere with the lawyer's independence, and the arrangement must protect the client's
confidentiality.
What are the exceptions to the rule against financial assistance to clients? - Answers- A
lawyer may advance court costs or pay expenses for an indigent client
How can a lawyer's responsibilities or interests create a concurrent conflict of interest? -
Answers- If there is a significant risk that the representation of one client will be
materially limited by the lawyer's own interests or by responsibilities to another client, a
former client, or a third person.
What is the "reasonable lawyer standard" in conflicts of interest? - Answers- If a
reasonable lawyer would find the conflict unresolvable, informed consent cannot solve
it, and the lawyer must not represent the clients .
Despite a concurrent conflict of interest, a lawyer may represent a client if the following
conditions are satisfied: - Answers- (1) the lawyer reasonably believes that he can
competently and diligently represent each affected client, despite the conflict of interest
(2) the representation is not prohibited by law
(3) the representation does not involve asserting a claim by one client against another
client represented by that lawyer in the same litigation (or other proceeding before a
tribunal)
You can charge a contingent fee in a domestics relations case if: - Answers- Collecting
a post judgment balance due under and existing order for child support, alimony, etc.
A lawyer may pay the reasonable fees of an expert witness but such fees should never
be... - Answers- contingent on the content of the testimony or the outcome of the case
Can a lawyer limit malpractice liability in advance? - Answers- Yes, if the client is
independently represented in making the agreement.
You may refer a client to a lawyer or a non-lawyer professional pursuant to a reciprocal
referral agreement. The agreement must: - Answers- Not be exclusive and the referred
client must be informed of the existence and nature of the agreement
When must informed consent/agreement be in writing signed by the client? - Answers-
1) business transaction w/ pecuniary interest adverse to the client
2) aggregate settlement between clients
3) contingent fee agreements
Are true referral fees (where one lawyer isn't involved with or responsible for the case)
allowed between lawyers at different firms? - Answers- No
What must be true of the fee split between lawyers at different firms? - Answers- The
fee split must be proportional to the work done by each lawyer or each lawyer must
assume joint responsibility for the representation.
What should a lawyer do if multiple clients' interests actually become adverse during
representation? - Answers- The lawyer must re-assess the conflict and may be required
to withdraw if the adverse interests cannot be reconciled.
What documentation is necessary when a lawyer represents multiple clients with
potentially adverse interests? - Answers- The clients' informed consent, confirmed in
writing.
Under what circumstances is a partner subject to discipline for a subordinate lawyer's
misconduct? - Answers- If the firm lacked adequate training or supervision, or if the
partner ordered, ratified, or knew about the misconduct and failed to mitigate it.
What is the partner's responsibility in terms of civil liability when a subordinate lawyer's
misconduct injures a client? - Answers- Each partner is liable for the firm's obligations,
including injuries to a client caused by a subordinate lawyer's misconduct.
,When might a partner not be liable for a subordinate lawyer's disciplinary violation? -
Answers- If the firm has adequate training and supervision in place and the partner
neither ordered, ratified, nor knew about the misconduct
What must a partner do to avoid liability if they know about a subordinate's misconduct?
- Answers- Take reasonable steps to mitigate or address the misconduct to avoid
liability.
What conditions must be met for a fee-sharing arrangement between lawyers at
different firms to be ethical? - Answers- The total fee must be reasonable, and the client
must consent to the arrangement and understand its terms.
When can a lawyer testify on a client's behalf or act as the client's advocate at a
legislative or administrative proceeding? - Answers- If the lawyer discloses that they are
acting in a representative capacity.
What should a lawyer do with funds in dispute between a client, lawyer, or third party? -
Answers- Keep the disputed portion separate in the client trust account until the dispute
is resolved.
What is required for a lawyer to represent clients with potentially adverse interests? -
Answers- The lawyer must reasonably believe competent and diligent representation is
possible and must obtain informed consent from all clients, confirmed in writing.
When can you provide a client with modest gifts for basic living expenses? - Answers-
Pro bono
What rules apply when a client compensates a lawyer with non-monetary property or a
business interest? - Answers- Must be fair to the client and comply with rules on
business transactions with clients
Can a client compensate a lawyer with non-monetary property or a business interest? -
Answers- Yes
Is it permissible for a lawyer to receive a proprietary interest in the subject of litigation as
compensation? - Answers- No
Can a judge testify as a character witness? - Answers- No unless summoned to testify
You generally don't need to refund a ______________ - Answers- Retainer fee
What is a true retainer fee? - Answers- Money that is paid solely to ensure the
availability of the lawyer, and the lawyer who is fired or withdraws generally need not
refund the retainer fee.
,If an attorney is admitted to practice in multiple states with conflicting rules, which rules
apply when there is a conflict? - Answers- Typically the state where the predominant
effect of the conduct occurs.
How is a lawyer regulated across different states of admission, and what happens if
state rules conflict? - Answers- A lawyer is subject to regulation by each state where
they are admitted to practice, regardless of where they actually practice or where their
conduct occurred. If the rules of these states conflict, choice of law rules apply.
Attorney represented Plaintiff in a dog bite case using his standard contingent fee
agreement. The case went to trial and plaintiff prevailed, the jury awarded him
$100,000, of which $33,333 was Attorney's contingent fee under the fee agreement.
Plaintiff told Attorney he was going to spend $30,000 on a new motorcycle, even though
he has never ridden one before. Attorney encouraged plaintiff to take a motorcycle
safety class first, before buying the motorcycle. Attorney received the check the day
before Plaintiff started his weeklong motorcycle-safety class. When the class was over,
Attorney notified him that the check had arrived, and sent him a check for $66,667.
Attorney told Alaintiff that he had withheld the check because he wanted plaintiff to finish
his safety class first.
Is Attorney subject to discipline? - Answers- Yes, because Attorney should have told
Plaintiff about receiving the check as soon as he received it from the defendant.
"Reasonable belief" or "reasonably believes," when used in reference to a lawyer,
denotes that the lawyer: - Answers- believes the matter in question and that the
circumstances are such that the belief is reasonable
"Substantial," when used in reference to degree or extent - Answers- a material matter
of clear and weighty importance
What must a lawyer do if they provide law-related services through an entity they
control? - Answers- Take reasonable measures to ensure clients understand that these
services are not legal services and do not include client-lawyer relationship protections
What are examples of law-related services under Rule 5.7? - Answers- Financial
planning, accounting, and social work
When is a lawyer required to report another lawyer's misconduct? - Answers- if they
know of a violation of the MRPC that raises substantial questions about the other
lawyer's honesty, trustworthiness, or fitness to practice
Does the mandatory reporting rule also apply to reporting judges? - Answers- Yes
, What are the exceptions to the mandatory reporting rule under Rule 8.3? - Answers-
Information protected by (1) the rules of confidentiality or (2) information gained through
an approved lawyers' assistance program.
What level of knowledge is required for mandatory reporting of misconduct? - Answers-
Actual knowledge
What are the potential consequences if a lawyer fails to properly address a conflict of
interest? - Answers- The lawyer may face disqualification from the case, professional
discipline, and civil liability for legal malpractice.
What is an imputed conflict of interest? - Answers- A conflict of interest that is attributed
from one lawyer to other lawyers in the same firm, restricting them from taking on
related matters.
How can a lawyer handle conflicts related to former employment or prospective clients?
- Answers- The lawyer must be screened from the matter, receive no part of the fee,
and provide written notice to the affected client.
What is required for a lawyer to accept compensation from a third party for representing
a client? - Answers- The client must give informed consent, the third party cannot
interfere with the lawyer's independence, and the arrangement must protect the client's
confidentiality.
What are the exceptions to the rule against financial assistance to clients? - Answers- A
lawyer may advance court costs or pay expenses for an indigent client
How can a lawyer's responsibilities or interests create a concurrent conflict of interest? -
Answers- If there is a significant risk that the representation of one client will be
materially limited by the lawyer's own interests or by responsibilities to another client, a
former client, or a third person.
What is the "reasonable lawyer standard" in conflicts of interest? - Answers- If a
reasonable lawyer would find the conflict unresolvable, informed consent cannot solve
it, and the lawyer must not represent the clients .
Despite a concurrent conflict of interest, a lawyer may represent a client if the following
conditions are satisfied: - Answers- (1) the lawyer reasonably believes that he can
competently and diligently represent each affected client, despite the conflict of interest
(2) the representation is not prohibited by law
(3) the representation does not involve asserting a claim by one client against another
client represented by that lawyer in the same litigation (or other proceeding before a
tribunal)
