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BarBri - MPRE Exam Questions With Complete Solutions
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BarBri - MPRE Exam Questions With Complete Solutions
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BarBri - MPRE Exam Questions WithComplete Solutions
State Requirments for admission to the Bar - Correct
Answers ✅Supreme Court says they must be *RATIONALLY
RELATED* to the practice of law;
-State/US citizenship NOT ok
-Office in state YES ok
-graduation from ABA accredited law school YES ok
-take an oath to uphold constitution YES ok
Client consent to incompetent representation - Correct
Answers ✅NOT allowed
Lawyer's participation in a legal-reform organization -
Correct Answers ✅OK, even if the organization's activities
could impact one of the lawyer's clients (either positively or
negatively).
If NEGATIVE, the lawyer need not say anything to the
organization.
If POSITIVE, the lawyer need only disclose the fact that a
client's interests may be materially benefited, but does NOT
need to disclose the client's identity.
Pro Bono Services - Correct Answers ✅1. Free or reduced
legal services to indigent clients
,BarBri - MPRE Exam Questions With
Complete Solutions
2. No expectation of collecting fee at the time the work was
done
3. Unpaid activities for improving the law, legal system, and
legal profession
Duty to prospective clients - Correct Answers ✅A lawyer
may *NOT* represent a client with interests materially
adverse to a prospective client
1. In the same or a substantially related matter AND
2. If the lawyer received information from the prospective
client that could be significantly harmful to the prospective
client
Can a judge consult with other judges/court staff? - Correct
Answers ✅Yes, when the judge makes reasonable efforts to
avoid receiving factual information that is not part of the
record, *AND* does not abrogate the responsibility to
personally decide the matter
May a judge consult a disinterested expert on law? - Correct
Answers ✅YES, as long as parties have a reasonable
opportunity to object/respond to the notice and to the advice
received.
Lawyer's personal opinion during litigation - Correct
Answers ✅Lawyer should NOT interject his personal opinion
during a litigation;
,BarBri - MPRE Exam Questions With
Complete Solutions
This includes personal beliefs that a client is innocent or that
a witness is telling the truth or lying
Soliciting Gifts/Drafting Wills - Correct Answers ✅Lawyer
may NOT solicit or prepare a will that gives a substantial gift
to the attorney or person related to the attorney UNLESS it is
a family member. In that case, a lawyer MAY solicit and
prepare a will that gives the attorney a substantial gift.
In-Person Solicitation - Correct Answers ✅No in-person
solicitation somebody who you know needs legal help,
EXCEPT
1) when money is NOT the motive (publicity, changing the
law)
2) certain groups
---relatives,
---close friends,
---prior business relationships,
---other lawyers,
---routine business users of this type of legal services
Judges and practice of law - Correct Answers ✅should not
happen, other than part-time judges, or a judge acting as his
own lawyer (pro se); also should not act as an executor,
administrator, or trustee except for family members
, BarBri - MPRE Exam Questions With
Complete Solutions
CAN offer advice and draft and review documents for family
members, but CANNOT act as a family member's lawyer
Judge acting as administrator - Correct Answers ✅Should
NOT happen, other than for *family*; even then, but not
interfere with judge's impartiality
Factors to consider for reasonableness of a fee - Correct
Answers ✅1. required time and labor
2. preclusion from future cases
3. fee charged in the area for similar services
4. amount involved and results obtained
5. time limitations imposed by client or circumstances
6. nature and length of the professional relationship with
client
7. experience, reputation, and ability of lawyer
8. whether fee is fixed or contingent
Rule of Confidentiality when lawyer violates an ethics rules
and seeks legal advice from an ethics lawyer - Correct
Answers ✅If the lawyer is seeking legal advice, than the
ethics lawyer owes duty of confidentiality;
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