Exam (elaborations)
MPRE Practice EXAM QUESTIONS AND ANSWERS 100- SOLVED (Newest 2025)
- Course
- Institution
MPRE Practice EXAM QUESTIONS AND ANSWERS 100- SOLVED (Newest 2025)
[Show more]
Content preview
MPRE Practice EXAM QUESTIONS ANDANSWERS 100% SOLVED (Newest 2025)
An attorney and a prospective client met to discuss whether
the attorney would represent the client in a contractual
dispute. During the conversation, the potential plaintiff spoke
to the attorney about her litigation objectives and how much
she would be able to pay the attorney. As they were wrapping
up the meeting, the client noticed a picture of the attorney's
teenaged son on the wall. The client confided in the attorney
that she had a son the same age, but she had given him up
for adoption because she was an unwed teenager when he
was born. She told the attorney that no one except her family
knew about the adoption, and she asked the attorney to keep
it confidential. Is the information about the client's pregnancy
protected by the attorney-client privilege?
A. No, because the woman had not retained the attorney
when the conversation took place.
B. No, because the communication was not relayed for legal
advice.
C - Correct Answers ✅Answer choice B is correct. A
confidential communication between a client and her
attorney is privileged. The evidentiary attorney-client
privilege covers the client's communication to an attorney
whom the client reasonably believes represents the client,
and the circumstances indicate a desire by the client for
confidentiality. Although the attorney does not need to give
advice or agree to the representation for the privilege to
exist, the communication must be for the purpose of seeking
legal advice or representation. Although the statement about
the client's child was given in confidence and would be
protected by the attorney's ethical duty of confidentiality, it is
,MPRE Practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
not subject to the attorney-client privilege because it was not
relayed for the purpose of obtaining legal advice. Answer
choice A is incorrect because, although the woman was a
potential client with regard to the contract matter, the
privilege would not apply to the statement regarding the
adoption because the statement was not made for the
purpose of obtaining legal advice. Answer choice C is
incorrect because the communication was not made for the
purpose of obtaining legal advice, so it is not privileged even
if the woman had a reasonable expectation of representation.
Answer choice D is incorrect because, although the
communication would have been privileged if it had been
relayed for the purpose of obtaining legal advice, it was not
relayed for that purpose.
A well-known defense attorney met with a criminal defendant
regarding representation of the defendant in a highly
publicized case. During the meeting, the attorney told the
defendant, who was indigent, that she would represent him if
he agreed to grant her movie rights regarding the
representation. The client agreed to these terms, and the
attorney provided him with a written consent form setting
forth the terms of the representation and advising him to
seek independent counsel. The attorney met with the
defendant several days later, at which time he returned a
signed copy of the written consent form. He told her that he
had not consulted with another attorney. The attorney
succeeded in obtaining an acquittal at trial and began
shopping a movie based on the case to television studios
shortly thereafter. Were the attorney's actions in securing the
movie rights based on the case proper?
,MPRE Practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
A. No, because the attorney neg - Correct Answers
✅Answer choice A is correct. An attorney is prohibited from
negotiating for literary or media rights relating to
representation of a client prior to the conclusion of the
representation. Because the attorney negotiated for movie
rights before the representation concluded in this case, her
actions were improper. Answer choice B is incorrect because
the prohibition on making or negotiating an agreement prior
to the conclusion of the representation is a blanket
prohibition that cannot be waived by the client regardless of
whether the client sought or obtained independent legal
counsel. Answer choice C is incorrect because an attorney
may not negotiate for media rights before the conclusion of
representation, even if the client consents. Answer choice D
is incorrect because an attorney may not negotiate for
literary or media rights before the conclusion of
representation, even if such rights serve as the attorney's
compensation.
An attorney represented an incarcerated, indigent criminal
defendant on a pro bono basis. At their initial meeting, the
defendant was extremely fidgety. The defendant explained
that she was a smoker but had not had a cigarette since
being imprisoned because she had no money to buy
cigarettes in the facility. The attorney gave the defendant $50
to buy cigarettes without securing from the defendant a
promise to repay the money. Nevertheless, the defendant
subsequently did repay the attorney. Was the attorney's loan
to his client proper?
, MPRE Practice EXAM QUESTIONS AND
ANSWERS 100% SOLVED (Newest 2025)
No, because an attorney may not provide financial assistance
to a client for the client's living expenses.
No, because an attorney must take steps to ensure that a
client will repay any monetary advances made by the
attorney before making such an advance.
Yes, because an attorney may provide financial assistance to
an indigent client.
Yes, because the defendant repaid the money to t - Correct
Answers ✅Answer choice A is correct. Financial assistance
to a client is prohibited with respect to pending or planned
litigation, except that an attorney may advance litigation
expenses and court costs. The $50 in this case did not relate
to such expenses and costs, and therefore it is prohibited.
Answer choice B is incorrect because an attorney may not
generally provide money to a client regardless of whether
there is a prior agreement by the client to repay it. Answer
choice C is incorrect because although an attorney
representing an indigent client may advance court costs and
litigation expenses regardless of whether the funds will be
repaid, an attorney may not provide other forms of financial
assistance. The money in this case did not relate to court
costs or litigation expenses, and thus it would be prohibited.
Answer choice D is incorrect because, even though the client
repaid the attorney, an attorney is prohibited from providing
a client with funds for living expenses.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Allivia. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77404 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 15 years now