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MPRE MAXIMIZER Questions and Correct Answers/
Latest Update / Already Graded
Do you have a duty to volunteer facts that might help the other side?
Ans: NO
Do you have a duty to inform for ex parte proceedings?
Ans: 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...
Ans: 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
Ans: 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?
Ans: 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?
© 2025/ 2026 | ® All rights reserved
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Ans: Yes
You generally don't need to refund a true retainer fee
Can you limit your malpractice liability in advance?
Ans: 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?
Ans: 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?
Ans: 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?
Ans: 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?
Ans: No
When representing a criminal defendant you can require the prosecutor to prove
every element
Limiting scope of representation
© 2025/ 2026 | ® All rights reserved
MPRE MAXIMIZER Questions and Correct Answers/
Latest Update / Already Graded
Do you have a duty to volunteer facts that might help the other side?
Ans: NO
Do you have a duty to inform for ex parte proceedings?
Ans: 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...
Ans: 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
Ans: 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?
Ans: 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?
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: Yes
You generally don't need to refund a true retainer fee
Can you limit your malpractice liability in advance?
Ans: 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?
Ans: 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?
Ans: 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?
Ans: 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?
Ans: No
When representing a criminal defendant you can require the prosecutor to prove
every element
Limiting scope of representation
© 2025/ 2026 | ® All rights reserved
