MPRE PRACTICE EXAM I REVIEW QUESTIONS AND
ANSWERS
A toy manufacturer was sued by the parent of a child injured by one of its products. As
the manufacturer's attorney was preparing to respond to a discovery request from the
plaintiff, the attorney found a document that was very damaging to his client's case.
Prior to complying with the discovery request and turning over the document, the
attorney called his opposing counsel and offered to settle the case. The attorney stated
that although he believed his client was very likely to win a summary judgment motion,
they would settle the case for a modest amount to save the costs of litigation. In fact,
the attorney believed his client had no chance of winning a summary judgment motion
and was also likely to lose at trial based on the document he had found. The opposing
counsel declined the attorney's offer. The attorney turned over the document, and the
case proceeded to trial, where judgment was awarded to the plaintiff. - Answers- c. Yes,
because the attorney's statement did not constitute a statement of fact.
Answer choice A is incorrect because the attorney did not make a false statement of
material fact; this statement constituted permissible puffing. Answer choice B is incorrect
because although an attorney is prohibited from making false statements of material
fact, an attorney does not owe the duty of candor to opposing counsel that she owes to
the court. Answer choice D is incorrect because although the opposing counsel did not
accept the attorney's offer and hence the plaintiff was not harmed by the attorney's
statements, the absence of harm does not prevent an attorney's action from being a
violation of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney
spoke to his client's family physician and the client's only daughter to determine whether
a guardian should be appointed to monitor the client's finances. These were the only
discussions the attorney had ever had with either the physician or the daughter. In these
discussions, the attorney revealed confidential information about a bank account
maintained by the client before learning that the daughter and her mother were
estranged because the daughter had stolen from her mother in the past. Was the
attorney's revelation of the confidential information proper?
a. Yes, because the attorney was trying to determine whether his client needed a
guardian.
b. Yes, because the daughter had relevant information to help determine whether the
client needed a guardian.
c. No, because the attorney should not have disclosed confidential informatio -
Answers- d. No, because the attorney did not first determine whether either the doctor
or his client's daughter might act adversely to his client's interests.
,Answer choice A is incorrect because, while the attorney may disclose confidential
information when taking protective action for a client with diminished capacity, he should
first consider whether it is likely that the person consulted will act adversely to the
client's interests. Here, the daughter, based on her past interaction with her mother,
could take action that would be antithetical to her mother's financial interests. Answer
choice B is incorrect because, although the daughter likely had relevant information,
whether the information is relevant is not the only consideration. Answer choice C is
incorrect because prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyor. The attorney, who
had used and compensated the surveyor in previous, similar situations for other clients,
described the purpose of the survey and the party she represented to the surveyor. The
retainer agreement between the attorney and the client specified that the client was
responsible for payment of all litigation expenses. The surveyor performed a survey of
the disputed boundary and submitted an invoice to the attorney for the agreed-upon
amount. Prior to payment of this invoice, the client, in direct conversation with his
neighbor, reached an agreement over the boundary between their properties. The client
paid the attorney her fee as agreed upon in the retainer agreement but refused to pay
the attorney for the cost of the survey. Is the attorney likely subj - Answers- d. Yes,
because of the nature of the services rendered by the surveyor.
Answer choice A is incorrect because, although the client was contractually obligated to
pay litigation expenses (as is generally required by the Model Rules of Professional
Conduct except in the case of a contingency fee arrangement or an indigent client), the
attorney is liable to the surveyor; note, though, that the attorney is entitled to seek
reimbursement from the client for the payment of the surveyor's bill. Answer choice B is
incorrect because, although the client was consulted about and approved the hiring of
the surveyor, the attorney is liable to the surveyor, even though the attorney is entitled to
seek reimbursement from the client for payment of the surveyor's bill. Answer choice C
is incorrect because the Model Rules of Professional Conduct generally require the
client, not the attorney, to bear responsibility for the payment of litigation expenses.
Section: Civil Liability To Non-clients
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After
the defendant was served, a partner from a large law firm filed an appearance on behalf
of the defendant. The judge's niece was a salaried associate in the estate planning
department of the law firm representing the plaintiff. At the initial scheduling conference,
the judge disclosed this relationship to the parties. Subsequently, the judge also
disclosed that a person listed by the plaintiff as a material witness was his wife's
nephew. Neither the niece nor the nephew resided in the judge's household. Neither
party moved to disqualify the judge. Other than the disclosures made by the judge,
,there were no grounds upon which the judge's impartiality could be reasonably
questioned. Should the judge disqualify himself from presiding over this action?
a. Yes, because of the judge's relationship with a member of the law firm repres -
Answers- b. Yes, because of the judge's familial relationship with the material witness.
Answer choice A is incorrect because a judge must disqualify himself in a matter if he
knows that he or his spouse or domestic partner shares a third-degree or closer
relationship to an attorney who represents a party in the case. A third-degree
relationship includes a niece of the judge. However, the employment of the judge's
niece as a lawyer by the same law firm as the attorney who represents a party does not
automatically require the judge to disqualify himself unless the niece has more than a
de minimis interest that could be affected by the proceedings. Since the niece was not
employed by the department of the firm handling the case and since the income of the
niece, as a salaried associate, would not be directly affected by the outcome of the
case, the niece's interest in the case likely was de minimis. Accordingly, the judge's
impartiality probably cannot be reasonably questioned on the grounds of his relationship
with his niece, making B a better answer. Answer choice C is incorrect because a judge
may be required to disqualify himself even if a party does not seek his disqualification.
Answer choice D is incorrect because, although the standard for disqualification when a
relative of the judge has an economic interest in the subject matter of the controversy or
is a party to the proceeding is based in part on whether the relative resides in the
judge's household, disqualification can be appropriate for a relative within the third
degree of relationship even though that relative does not reside in the judge's household
in certain circumstances, such as when a relative is likely to be a material witness.
Section: Duties Of Impartiality, Competence, And Diligence
An attorney was passionate about civil rights, but the jurisdiction in which he practiced
was less progressive than he. The attorney accepted the case of a client whose claim
was not supported by law within the jurisdiction. If the client had been able to bring the
claim in another state, however, his claim would likely have been successful. The
attorney accepted the claim despite his knowledge that the client would lose because
he was confident that the media attention would provide momentum for a change of the
law. He notified the client of the likelihood of losing, but the client wished to pursue the
claim regardless. Is the attorney subject to discipline for bringing this suit?
a. No, because the client wishes to pursue the claim even if it will be unsuccessful.
b. No, because the case, even if unsuccessful, might lead to a change in existing law.
c. Yes, because he knows the claim will likely lose.
d. Yes, beca - Answers- b. No, because the case, even if unsuccessful, might lead to a
change in existing law.
Answer choice A is incorrect because the attorney must determine whether a claim is
frivolous, independent of the client's objectives. A claim that a client wishes to pursue
may, in fact, be frivolous. Answer choice C is incorrect because a claim is not frivolous
, merely because the client's position will ultimately not prevail. Answer choice D is
incorrect because, although there was no legal precedent in the jurisdiction that would
help him win the case, the claim was not frivolous in light of the attorney's attempt to
make a good-faith argument to modify existing law.
Section: Conduct In The Course Of Litigation
While using the copy machine, a transactional associate overheard two summer interns
talking in the next room about a litigation associate in the firm. The interns, who did not
see the transactional associate or know he was there, discussed the litigation
associate's behavior and speculated that she had been drinking while at work. They
said they believed that her drinking had caused her to make several mistakes in active
cases. The interns never mentioned the litigation associate by name, but the
transactional associate knew that they primarily worked with one attorney. He had never
seen the litigation associate drinking and had always heard that her work was
satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the
disciplinary board against the litigation associate that included allegations related to -
Answers- a. No, because the transactional associate did not have actual knowledge of
any misconduct.
Answer choice B is incorrect because an attorney may have a duty to report misconduct
even if he does not personally witness it. Answer choice C is incorrect because an
attorney is subject to discipline if he fails to report misconduct of which he has actual
knowledge. Here, the transactional associate did not have actual knowledge of the
litigation associate's alcohol abuse. Answer choice D is incorrect because although the
misconduct raises questions as to the litigation associate's professional fitness, the
transactional associate did not have a duty to report it because he lacked actual
knowledge.
Section: Peer Responsibility For Reporting Misconduct
An attorney represented a corporation in a suit brought by one of its competitors for
misappropriation of trade secrets. Shortly before trial but after the discovery deadlines
had passed, the corporation's chief engineer told the attorney that he had found a
memorandum he had written to himself the previous year. The statements in the
memorandum aligned with the chief engineer's version of the events in question and
directly contradicted the competitor's claims. The attorney was skeptical of the
document's authenticity because it had not been produced during the discovery
process, and he believed that it may have been fabricated for trial purposes. Although
the chief engineer assured the attorney that the document was authentic, the attorney
continued to have doubts. Nonetheless, the attorney offered the document into
evidence during his examination of the chief engineer at trial. Was the attorney's action
in offerin - Answers- c. Yes, because the attorney did not know the evidence was false.
ANSWERS
A toy manufacturer was sued by the parent of a child injured by one of its products. As
the manufacturer's attorney was preparing to respond to a discovery request from the
plaintiff, the attorney found a document that was very damaging to his client's case.
Prior to complying with the discovery request and turning over the document, the
attorney called his opposing counsel and offered to settle the case. The attorney stated
that although he believed his client was very likely to win a summary judgment motion,
they would settle the case for a modest amount to save the costs of litigation. In fact,
the attorney believed his client had no chance of winning a summary judgment motion
and was also likely to lose at trial based on the document he had found. The opposing
counsel declined the attorney's offer. The attorney turned over the document, and the
case proceeded to trial, where judgment was awarded to the plaintiff. - Answers- c. Yes,
because the attorney's statement did not constitute a statement of fact.
Answer choice A is incorrect because the attorney did not make a false statement of
material fact; this statement constituted permissible puffing. Answer choice B is incorrect
because although an attorney is prohibited from making false statements of material
fact, an attorney does not owe the duty of candor to opposing counsel that she owes to
the court. Answer choice D is incorrect because although the opposing counsel did not
accept the attorney's offer and hence the plaintiff was not harmed by the attorney's
statements, the absence of harm does not prevent an attorney's action from being a
violation of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney
spoke to his client's family physician and the client's only daughter to determine whether
a guardian should be appointed to monitor the client's finances. These were the only
discussions the attorney had ever had with either the physician or the daughter. In these
discussions, the attorney revealed confidential information about a bank account
maintained by the client before learning that the daughter and her mother were
estranged because the daughter had stolen from her mother in the past. Was the
attorney's revelation of the confidential information proper?
a. Yes, because the attorney was trying to determine whether his client needed a
guardian.
b. Yes, because the daughter had relevant information to help determine whether the
client needed a guardian.
c. No, because the attorney should not have disclosed confidential informatio -
Answers- d. No, because the attorney did not first determine whether either the doctor
or his client's daughter might act adversely to his client's interests.
,Answer choice A is incorrect because, while the attorney may disclose confidential
information when taking protective action for a client with diminished capacity, he should
first consider whether it is likely that the person consulted will act adversely to the
client's interests. Here, the daughter, based on her past interaction with her mother,
could take action that would be antithetical to her mother's financial interests. Answer
choice B is incorrect because, although the daughter likely had relevant information,
whether the information is relevant is not the only consideration. Answer choice C is
incorrect because prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after
consultation with and approval by the client, employed a surveyor. The attorney, who
had used and compensated the surveyor in previous, similar situations for other clients,
described the purpose of the survey and the party she represented to the surveyor. The
retainer agreement between the attorney and the client specified that the client was
responsible for payment of all litigation expenses. The surveyor performed a survey of
the disputed boundary and submitted an invoice to the attorney for the agreed-upon
amount. Prior to payment of this invoice, the client, in direct conversation with his
neighbor, reached an agreement over the boundary between their properties. The client
paid the attorney her fee as agreed upon in the retainer agreement but refused to pay
the attorney for the cost of the survey. Is the attorney likely subj - Answers- d. Yes,
because of the nature of the services rendered by the surveyor.
Answer choice A is incorrect because, although the client was contractually obligated to
pay litigation expenses (as is generally required by the Model Rules of Professional
Conduct except in the case of a contingency fee arrangement or an indigent client), the
attorney is liable to the surveyor; note, though, that the attorney is entitled to seek
reimbursement from the client for the payment of the surveyor's bill. Answer choice B is
incorrect because, although the client was consulted about and approved the hiring of
the surveyor, the attorney is liable to the surveyor, even though the attorney is entitled to
seek reimbursement from the client for payment of the surveyor's bill. Answer choice C
is incorrect because the Model Rules of Professional Conduct generally require the
client, not the attorney, to bear responsibility for the payment of litigation expenses.
Section: Civil Liability To Non-clients
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After
the defendant was served, a partner from a large law firm filed an appearance on behalf
of the defendant. The judge's niece was a salaried associate in the estate planning
department of the law firm representing the plaintiff. At the initial scheduling conference,
the judge disclosed this relationship to the parties. Subsequently, the judge also
disclosed that a person listed by the plaintiff as a material witness was his wife's
nephew. Neither the niece nor the nephew resided in the judge's household. Neither
party moved to disqualify the judge. Other than the disclosures made by the judge,
,there were no grounds upon which the judge's impartiality could be reasonably
questioned. Should the judge disqualify himself from presiding over this action?
a. Yes, because of the judge's relationship with a member of the law firm repres -
Answers- b. Yes, because of the judge's familial relationship with the material witness.
Answer choice A is incorrect because a judge must disqualify himself in a matter if he
knows that he or his spouse or domestic partner shares a third-degree or closer
relationship to an attorney who represents a party in the case. A third-degree
relationship includes a niece of the judge. However, the employment of the judge's
niece as a lawyer by the same law firm as the attorney who represents a party does not
automatically require the judge to disqualify himself unless the niece has more than a
de minimis interest that could be affected by the proceedings. Since the niece was not
employed by the department of the firm handling the case and since the income of the
niece, as a salaried associate, would not be directly affected by the outcome of the
case, the niece's interest in the case likely was de minimis. Accordingly, the judge's
impartiality probably cannot be reasonably questioned on the grounds of his relationship
with his niece, making B a better answer. Answer choice C is incorrect because a judge
may be required to disqualify himself even if a party does not seek his disqualification.
Answer choice D is incorrect because, although the standard for disqualification when a
relative of the judge has an economic interest in the subject matter of the controversy or
is a party to the proceeding is based in part on whether the relative resides in the
judge's household, disqualification can be appropriate for a relative within the third
degree of relationship even though that relative does not reside in the judge's household
in certain circumstances, such as when a relative is likely to be a material witness.
Section: Duties Of Impartiality, Competence, And Diligence
An attorney was passionate about civil rights, but the jurisdiction in which he practiced
was less progressive than he. The attorney accepted the case of a client whose claim
was not supported by law within the jurisdiction. If the client had been able to bring the
claim in another state, however, his claim would likely have been successful. The
attorney accepted the claim despite his knowledge that the client would lose because
he was confident that the media attention would provide momentum for a change of the
law. He notified the client of the likelihood of losing, but the client wished to pursue the
claim regardless. Is the attorney subject to discipline for bringing this suit?
a. No, because the client wishes to pursue the claim even if it will be unsuccessful.
b. No, because the case, even if unsuccessful, might lead to a change in existing law.
c. Yes, because he knows the claim will likely lose.
d. Yes, beca - Answers- b. No, because the case, even if unsuccessful, might lead to a
change in existing law.
Answer choice A is incorrect because the attorney must determine whether a claim is
frivolous, independent of the client's objectives. A claim that a client wishes to pursue
may, in fact, be frivolous. Answer choice C is incorrect because a claim is not frivolous
, merely because the client's position will ultimately not prevail. Answer choice D is
incorrect because, although there was no legal precedent in the jurisdiction that would
help him win the case, the claim was not frivolous in light of the attorney's attempt to
make a good-faith argument to modify existing law.
Section: Conduct In The Course Of Litigation
While using the copy machine, a transactional associate overheard two summer interns
talking in the next room about a litigation associate in the firm. The interns, who did not
see the transactional associate or know he was there, discussed the litigation
associate's behavior and speculated that she had been drinking while at work. They
said they believed that her drinking had caused her to make several mistakes in active
cases. The interns never mentioned the litigation associate by name, but the
transactional associate knew that they primarily worked with one attorney. He had never
seen the litigation associate drinking and had always heard that her work was
satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the
disciplinary board against the litigation associate that included allegations related to -
Answers- a. No, because the transactional associate did not have actual knowledge of
any misconduct.
Answer choice B is incorrect because an attorney may have a duty to report misconduct
even if he does not personally witness it. Answer choice C is incorrect because an
attorney is subject to discipline if he fails to report misconduct of which he has actual
knowledge. Here, the transactional associate did not have actual knowledge of the
litigation associate's alcohol abuse. Answer choice D is incorrect because although the
misconduct raises questions as to the litigation associate's professional fitness, the
transactional associate did not have a duty to report it because he lacked actual
knowledge.
Section: Peer Responsibility For Reporting Misconduct
An attorney represented a corporation in a suit brought by one of its competitors for
misappropriation of trade secrets. Shortly before trial but after the discovery deadlines
had passed, the corporation's chief engineer told the attorney that he had found a
memorandum he had written to himself the previous year. The statements in the
memorandum aligned with the chief engineer's version of the events in question and
directly contradicted the competitor's claims. The attorney was skeptical of the
document's authenticity because it had not been produced during the discovery
process, and he believed that it may have been fabricated for trial purposes. Although
the chief engineer assured the attorney that the document was authentic, the attorney
continued to have doubts. Nonetheless, the attorney offered the document into
evidence during his examination of the chief engineer at trial. Was the attorney's action
in offerin - Answers- c. Yes, because the attorney did not know the evidence was false.
