MPRE MAXIMIZER QUESTIONS AND ANSWERS
Do you have a duty to volunteer facts that might help the other side? - CORRECT
ANSWER- NO
Do you have a duty to inform for ex parte proceedings? - CORRECT ANSWER- Yes -
must inform the court of all material facts that will enable it to make an informed
decision
Must not charge a contingent fee when... - CORRECT ANSWER- Representing a
defendant in a criminal case
In a domestic relations case
You can in a domestic relations case if collecting a post-Judgment balance
Your may pay......of an expert witness - CORRECT ANSWER- Reasonable fees
Such fees may never be contingent on the content of testimony or the outcome of the
case
Can you have sexual relations with your client? - CORRECT ANSWER- Generally no -
you can if a consensual relationship already existed when the representation started
Do you need to refund all unearned fees and expenses if paid in advance and fired? -
CORRECT ANSWER- Yes
You generally don't need to refund a true retainer fee
Can you limit your malpractice liability in advance? - CORRECT ANSWER- You must
not limit malpractice liability
You can if the client is independently represented in making the agreement
Do you need to communicate the basis of the fee to the client? - CORRECT ANSWER-
Yes -before or within a reasonable time after the representation begins
Do not need to repeat yourself if you have regularly represented that client in the same
type of matter and will be charging the client on the same basis or rate
Can judges testify as character witnesses? - CORRECT ANSWER- A judge must not
testify as a character witness.
Judge can do so only if duly summoned by a subpoena
, Can you refer a client to a lawyer pursuant to a reciprocal referral agreement? -
CORRECT ANSWER- Yes but
Must not be exclusive and the referred client must be informed of the existence and
nature of the agreement
Can you bring/ defend a frivolous proceeding or take a frivolous position? - CORRECT
ANSWER- No
When representing a criminal defendant you can require the prosecutor to prove every
element
Limiting scope of representation - CORRECT ANSWER- OK if:
1. Limitation is reasonable
2. Client gives INFORMED CONSENT
Third Person Paying Client's Legal Fees - CORRECT ANSWER- Informed Consent
Providing a a materially harmful evaluation of client's affairs for use by a third person -
CORRECT ANSWER- Informed Consent
Revealing Client's confidential information or using it to their disadvantage - CORRECT
ANSWER- Informed Consent
Direct Adversity/Material limitation -Conflict of Interest - CORRECT ANSWER- Informed
Consent Confirmed in Writing
Former Clients and Employment -Conflict of Interest - CORRECT ANSWER- Informed
Consent confirmed in writing
Prospective Client -Conflict of Interest - CORRECT ANSWER- Informed Consent
Confirmed in writing
Government Work -Conflict of Interest - CORRECT ANSWER- Informed Consent
Confirmed in Writing
Prior Involvement in matter as judge, arbitrator -Conflict of Interest - CORRECT
ANSWER- Informed Consent Confirmed in Writing
Imputed Conflict of Interest - CORRECT ANSWER- Screening and Written Notice
Do you have a duty to volunteer facts that might help the other side? - CORRECT
ANSWER- NO
Do you have a duty to inform for ex parte proceedings? - CORRECT ANSWER- Yes -
must inform the court of all material facts that will enable it to make an informed
decision
Must not charge a contingent fee when... - CORRECT ANSWER- Representing a
defendant in a criminal case
In a domestic relations case
You can in a domestic relations case if collecting a post-Judgment balance
Your may pay......of an expert witness - CORRECT ANSWER- Reasonable fees
Such fees may never be contingent on the content of testimony or the outcome of the
case
Can you have sexual relations with your client? - CORRECT ANSWER- Generally no -
you can if a consensual relationship already existed when the representation started
Do you need to refund all unearned fees and expenses if paid in advance and fired? -
CORRECT ANSWER- Yes
You generally don't need to refund a true retainer fee
Can you limit your malpractice liability in advance? - CORRECT ANSWER- You must
not limit malpractice liability
You can if the client is independently represented in making the agreement
Do you need to communicate the basis of the fee to the client? - CORRECT ANSWER-
Yes -before or within a reasonable time after the representation begins
Do not need to repeat yourself if you have regularly represented that client in the same
type of matter and will be charging the client on the same basis or rate
Can judges testify as character witnesses? - CORRECT ANSWER- A judge must not
testify as a character witness.
Judge can do so only if duly summoned by a subpoena
, Can you refer a client to a lawyer pursuant to a reciprocal referral agreement? -
CORRECT ANSWER- Yes but
Must not be exclusive and the referred client must be informed of the existence and
nature of the agreement
Can you bring/ defend a frivolous proceeding or take a frivolous position? - CORRECT
ANSWER- No
When representing a criminal defendant you can require the prosecutor to prove every
element
Limiting scope of representation - CORRECT ANSWER- OK if:
1. Limitation is reasonable
2. Client gives INFORMED CONSENT
Third Person Paying Client's Legal Fees - CORRECT ANSWER- Informed Consent
Providing a a materially harmful evaluation of client's affairs for use by a third person -
CORRECT ANSWER- Informed Consent
Revealing Client's confidential information or using it to their disadvantage - CORRECT
ANSWER- Informed Consent
Direct Adversity/Material limitation -Conflict of Interest - CORRECT ANSWER- Informed
Consent Confirmed in Writing
Former Clients and Employment -Conflict of Interest - CORRECT ANSWER- Informed
Consent confirmed in writing
Prospective Client -Conflict of Interest - CORRECT ANSWER- Informed Consent
Confirmed in writing
Government Work -Conflict of Interest - CORRECT ANSWER- Informed Consent
Confirmed in Writing
Prior Involvement in matter as judge, arbitrator -Conflict of Interest - CORRECT
ANSWER- Informed Consent Confirmed in Writing
Imputed Conflict of Interest - CORRECT ANSWER- Screening and Written Notice
