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U.S. Supreme Court says state requirements for admission to
bar need to be rationally related to the practice of law.
What is rationally related?
What is NOT rational? - Correct Answers ✅Graduation from
an ABA accredited law school (Not required though)
Refusal to take an oath to uphold US/State constitution.
Not Rational:
US Citizenship
Residency
Lawyer self regulation.
What MUST you do when you know of a violation? (2) -
Correct Answers ✅Must report what you know unless
protected under secret or confidence.
Must be available to testify against that lawyer (no
anonymous tips).
,MPRE EXAM QUESTIONS AND ANSWERS
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Does committing a crime by itself warrant discipline? -
Correct Answers ✅Not unless the crime is relevant to the
practice of law (a one time DUI is not enough).
A lawyer who commits fraud in the conduct of a business is
subject to discipline, even if the lawyer is not active in the
practice of law.
No statute of limitations
Supervisor responsible for acts of subordinate if: - Correct
Answers ✅The supervisor knew of misconduct at a time
when consequences can be avoided or mitigated and the
lawyer didn't do anything about it and the lawyer fails to take
reasonable remedial action.
OR
if the violation raises a substantial question of character and
the supervisor either ordered or ratified the conduct.
If you're a subordinate, you're not responsible for your acts if:
- Correct Answers ✅1) you were told to do it
2) its at least arguable that what you did you thought was
okay to do.
Unauthorized practice of law; The following activities require
a license (and constitute the "practice of law").
,MPRE EXAM QUESTIONS AND ANSWERS
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What activities don't need a license? - Correct Answers
✅1) appearing in court or depositions
2) drafting legal documents that affect substantial client
rights (ok if lawyer signs off)
3) Negotiate settlements
These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
Fee division with a non lawyer, General Rule? - Correct
Answers ✅General Rule: Don't do it
Exceptions:
1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a
pension or bonus plans
Also: Lawyer may share court-awarded legal fees with a
nonprofit organization that employed, retained or
recommended employment of the lawyer in the matter.
, MPRE EXAM QUESTIONS AND ANSWERS
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The law firm and other forms of practice - Correct Answers
✅Lawyers must not imply that they are partners or otherwise
associated with each other in a law firm unless they really
are. As to the public, the law firm includes lawyers who
frequently consult, work jointly, and have access to each
other's files.
Who can be partners in a law firm? - Correct Answers
✅Only lawyer can be partners, or officers if we're dealing
with a corporation, if any part of the partnership business is
the practice of law.
Except: Shareholders and it's only temporary by operation of
law.
Relationship of the Dual Profession Lawyer with Non-Lawyers
- Correct Answers ✅* Dual Professions: It's okay
BUT, you can't you your dual to solicit legal business.
Attorney/client privilege does not apply in the dual
profession.