MPRE PRACTICE QUESTIONS AND ANSWERS
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 ANSWER- 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 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?
A. No, because the attorney neg - CORRECT ANSWER- 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?
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 ANSWER- 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.
An author engaged an attorney to represent him in a copyright infringement action. The
representation agreement contained a provision that required the parties to submit all
disputes, including malpractice disputes, to arbitration. The attorney did not discuss this
provision with the author, nor did he advise him to seek independent counsel with
regard to it. The infringement action was successful, and no dispute arose between the
author and the attorney. Consequently, the provision was not enforced. The applicable
jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to
discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney - CORRECT ANSWER- Answer choice C is correct. An
attorney may enter into an arbitration agreement with a client with regard to a
malpractice dispute if such an agreement is permitted by the applicable jurisdiction.
However, the client must be fully informed as to the scope and effect of the agreement.
Because the attorney failed to provide the client with such information, the attorney is
subject to discipline for this failure. Answer choice A is incorrect because, although an
arbitration provision is only enforceable if it is permitted by the applicable jurisdiction, in
order to adhere to his ethical obligations, an attorney must ensure that the client is fully
informed as to the scope and effect of the agreement. Answer choice B is incorrect
because the lack of enforcement of the provision can affect whether the attorney is
sanctioned for the violation, but it does not erase the attorney's failure to adhere to his
ethical obligations. Answer choice D is incorrect because, while the client must be fully
informed as to the scope and effect of the arbitration agreement, the attorney is not
required to advise the client to seek independent counsel.
, Two friends were involved in a car accident and hired an attorney to represent them as
co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case. The
clients suggested vastly different amounts. The attorney received a large settlement
offer that met the individual requirements of each party, though each party would
receive significantly different amounts in the settlement. He called both clients into his
office separately to discuss settlement. Both clients immediately consented in writing to
the agreement, though neither was aware of the amount received by the other. The
attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients
disclosed to the other the amount he had received in the settlemen - CORRECT
ANSWER- Answer choice D is correct. An attorney representing co-parties may make
an aggregate settlement only if both clients consent in writing after full consultation and
disclosure by the attorney, including disclosure of the nature and extent of all claims and
pleas, and the participation of each party in the settlement. Here, the attorney did not
disclose the nature and extent of the offer and the participation of each party in the
settlement before accepting the settlement offer. Answer choice A is incorrect because
the attorney did not make a full disclosure about the settlement to each party before he
accepted the offers; it is irrelevant whether the amount was aligned with the original
amount specified by each party. Answer choice B is incorrect because the attorney did
not make a full disclosure regarding the settlement to the clients before they accepted
the settlement in writing. Answer choice C is incorrect because an attorney may
represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him. The
woman told the attorney that she did not object to his representation of any of the men
charged with solicitation, but she refused to sign a written statement to that effect
because she no longer wanted to be linked to the charges in any written document.
Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the
attorney represented the woman.
Yes, because the attorney received the woman's informed oral consent.
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 ANSWER- 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 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?
A. No, because the attorney neg - CORRECT ANSWER- 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?
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 ANSWER- 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.
An author engaged an attorney to represent him in a copyright infringement action. The
representation agreement contained a provision that required the parties to submit all
disputes, including malpractice disputes, to arbitration. The attorney did not discuss this
provision with the author, nor did he advise him to seek independent counsel with
regard to it. The infringement action was successful, and no dispute arose between the
author and the attorney. Consequently, the provision was not enforced. The applicable
jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to
discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney - CORRECT ANSWER- Answer choice C is correct. An
attorney may enter into an arbitration agreement with a client with regard to a
malpractice dispute if such an agreement is permitted by the applicable jurisdiction.
However, the client must be fully informed as to the scope and effect of the agreement.
Because the attorney failed to provide the client with such information, the attorney is
subject to discipline for this failure. Answer choice A is incorrect because, although an
arbitration provision is only enforceable if it is permitted by the applicable jurisdiction, in
order to adhere to his ethical obligations, an attorney must ensure that the client is fully
informed as to the scope and effect of the agreement. Answer choice B is incorrect
because the lack of enforcement of the provision can affect whether the attorney is
sanctioned for the violation, but it does not erase the attorney's failure to adhere to his
ethical obligations. Answer choice D is incorrect because, while the client must be fully
informed as to the scope and effect of the arbitration agreement, the attorney is not
required to advise the client to seek independent counsel.
, Two friends were involved in a car accident and hired an attorney to represent them as
co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case. The
clients suggested vastly different amounts. The attorney received a large settlement
offer that met the individual requirements of each party, though each party would
receive significantly different amounts in the settlement. He called both clients into his
office separately to discuss settlement. Both clients immediately consented in writing to
the agreement, though neither was aware of the amount received by the other. The
attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients
disclosed to the other the amount he had received in the settlemen - CORRECT
ANSWER- Answer choice D is correct. An attorney representing co-parties may make
an aggregate settlement only if both clients consent in writing after full consultation and
disclosure by the attorney, including disclosure of the nature and extent of all claims and
pleas, and the participation of each party in the settlement. Here, the attorney did not
disclose the nature and extent of the offer and the participation of each party in the
settlement before accepting the settlement offer. Answer choice A is incorrect because
the attorney did not make a full disclosure about the settlement to each party before he
accepted the offers; it is irrelevant whether the amount was aligned with the original
amount specified by each party. Answer choice B is incorrect because the attorney did
not make a full disclosure regarding the settlement to the clients before they accepted
the settlement in writing. Answer choice C is incorrect because an attorney may
represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him. The
woman told the attorney that she did not object to his representation of any of the men
charged with solicitation, but she refused to sign a written statement to that effect
because she no longer wanted to be linked to the charges in any written document.
Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the
attorney represented the woman.
Yes, because the attorney received the woman's informed oral consent.
