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MPRE Questions and Correct Answers/ Latest Update /
Already Graded
a. What does "Subject to Discipline" in a question ask?
b. What rule language does it correspond to?
c. What can the discipline be?
Ans: a. "Subject to Discipline" asks whether the conduct would subject the
lawyer to discipline under the Model Rules or a judge to discipline under the CJC.
b. It corresponds to rules using mandatory language - "shall" "must"
c. Discipline can be private or public censure for lesser offenses -- to suspension
and permanent disbarment for most serious offenses or pattern of less serious
offenses.
What do the words "may" and "proper" ask in a question?
Ans: "May" and "proper" ask whether the conduct is professionally appropriate.
- Professionally appropriate means: not subject to discipline, nor inconsistent with
preamble, comments, or text of Model Rules or CJC, nor generally accepted
principles of law of lawyering.
Ex: a lawyer may reveal info relating to representation of a client to the extent
the lawyer reasonably believes necessary to prevent reasonably certain death or
substantial bodily harm, must do so in professional appropriate manner. (MRPC
1.6(b)(1).
What does the phrase "subject to litigation sanction" in a question ask?
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Ans: "Subject to litigation sanction" asks whether conduct would subject the
lawyer or law firm to a fine, fee forfeiture, disqualification, punishment for
contempt, or other sanction by a legal tribunal.
Ex: a lawyer who files a frivolous pleading may be subject to sanctions imposed by
the court, which can include payment of reasonable expenses incurred by other
party in responding to pleading. Fed. R. Civ. P. 11(c)(4)
What does "Subject to Disqualification" ask in a question?
Ans: "Subject to Disqualification" asks whether conduct would subject the
lawyer or lawyer's law firm to disqualification as counsel in a civil or criminal
matter.
Ex: due to conflict of interest w/ another current client. MRPC 1.7(a).
What does "subject to Civil Liability" vs. "subject to Criminal Liability" ask in a
question?
Ans: "Subject to Civil Liability" asks whether conduct would subject lawyer *or
law firm* to civil claim issues arising from malpractice, misrepresentation, or
breach of fiduciary duty.
"Subject to Criminal Liability" asks if conduct would subject lawyer (only lawyer
not law firm) to criminal liability for participation in or aiding and abetting criminal
acts, such as insurance or tax fraud, destruction of evidence, or obstruction of
justice.
Tribunal is
Ans: - a court
- an arbitrator in a binding arbitration proceeding
- a legislative body
- administrative agency
- or other entity that acts in an adjudicative capacity
When does an entity act in an adjudicative capacity?
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Ans: when a neutral official, after the presentation of evidence or legal argument
by a party or parties, reaches a binding legal judgement that directly affects a
party's interest in a particular matter. MRPC 1.0(m)
a. what is a law firm?
b. how to determine?
Ans: a. association of lawyers authorized to practice law.
- includes p-ships or professional corp, lawyers employed in legal services
organization or legal department of corp/organization.
- **also includes lawyer in sole proprietorship**
b. Depends on factors
- do they hold themselves out in public?
- spec terms of formal agreement
- access to info about clients
(mere sharing of office space & occasional consultation or assistance is
insufficient)
** Determination of firm for purposes of one rule is not necessarily conclusive
with respect to another rule***
What must the lawyer communicate in order for a person to give "Informed
Consent" to a proposed course of conduct?
Ans: The lawyer must communicate adequate information about the material
risks of the proposed course of conduct, as well as reasonably available
alternatives. (+ settlement offers)
Not required to inform person of facts or implications already known (taking into
account person's legal knowledge, etc).
Consent can be inferred by conduct
When Model Rules need informed consent "confirmed in writing", do they need
the person's signature?
© 2025/ 2026 | ® All rights reserved
MPRE Questions and Correct Answers/ Latest Update /
Already Graded
a. What does "Subject to Discipline" in a question ask?
b. What rule language does it correspond to?
c. What can the discipline be?
Ans: a. "Subject to Discipline" asks whether the conduct would subject the
lawyer to discipline under the Model Rules or a judge to discipline under the CJC.
b. It corresponds to rules using mandatory language - "shall" "must"
c. Discipline can be private or public censure for lesser offenses -- to suspension
and permanent disbarment for most serious offenses or pattern of less serious
offenses.
What do the words "may" and "proper" ask in a question?
Ans: "May" and "proper" ask whether the conduct is professionally appropriate.
- Professionally appropriate means: not subject to discipline, nor inconsistent with
preamble, comments, or text of Model Rules or CJC, nor generally accepted
principles of law of lawyering.
Ex: a lawyer may reveal info relating to representation of a client to the extent
the lawyer reasonably believes necessary to prevent reasonably certain death or
substantial bodily harm, must do so in professional appropriate manner. (MRPC
1.6(b)(1).
What does the phrase "subject to litigation sanction" in a question ask?
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Ans: "Subject to litigation sanction" asks whether conduct would subject the
lawyer or law firm to a fine, fee forfeiture, disqualification, punishment for
contempt, or other sanction by a legal tribunal.
Ex: a lawyer who files a frivolous pleading may be subject to sanctions imposed by
the court, which can include payment of reasonable expenses incurred by other
party in responding to pleading. Fed. R. Civ. P. 11(c)(4)
What does "Subject to Disqualification" ask in a question?
Ans: "Subject to Disqualification" asks whether conduct would subject the
lawyer or lawyer's law firm to disqualification as counsel in a civil or criminal
matter.
Ex: due to conflict of interest w/ another current client. MRPC 1.7(a).
What does "subject to Civil Liability" vs. "subject to Criminal Liability" ask in a
question?
Ans: "Subject to Civil Liability" asks whether conduct would subject lawyer *or
law firm* to civil claim issues arising from malpractice, misrepresentation, or
breach of fiduciary duty.
"Subject to Criminal Liability" asks if conduct would subject lawyer (only lawyer
not law firm) to criminal liability for participation in or aiding and abetting criminal
acts, such as insurance or tax fraud, destruction of evidence, or obstruction of
justice.
Tribunal is
Ans: - a court
- an arbitrator in a binding arbitration proceeding
- a legislative body
- administrative agency
- or other entity that acts in an adjudicative capacity
When does an entity act in an adjudicative capacity?
© 2025/ 2026 | ® All rights reserved
, 3 | Page
Ans: when a neutral official, after the presentation of evidence or legal argument
by a party or parties, reaches a binding legal judgement that directly affects a
party's interest in a particular matter. MRPC 1.0(m)
a. what is a law firm?
b. how to determine?
Ans: a. association of lawyers authorized to practice law.
- includes p-ships or professional corp, lawyers employed in legal services
organization or legal department of corp/organization.
- **also includes lawyer in sole proprietorship**
b. Depends on factors
- do they hold themselves out in public?
- spec terms of formal agreement
- access to info about clients
(mere sharing of office space & occasional consultation or assistance is
insufficient)
** Determination of firm for purposes of one rule is not necessarily conclusive
with respect to another rule***
What must the lawyer communicate in order for a person to give "Informed
Consent" to a proposed course of conduct?
Ans: The lawyer must communicate adequate information about the material
risks of the proposed course of conduct, as well as reasonably available
alternatives. (+ settlement offers)
Not required to inform person of facts or implications already known (taking into
account person's legal knowledge, etc).
Consent can be inferred by conduct
When Model Rules need informed consent "confirmed in writing", do they need
the person's signature?
© 2025/ 2026 | ® All rights reserved
