MPRE Questions and Correct Answers/ Latest Update /
Already Graded
U.S. Supreme Court says state requirements for admission to bar need to be
rationally related to the practice of law.
What is rationally related?
What is NOT rational?
Ans: Graduation from an ABA accredited law school (Not required though)
Refusal to take an oath to uphold US/State constitution.
Not Rational:
US Citizenship
Residency
Lawyer self regulation.
What MUST you do when you know of a violation? (2)
Ans: Must report what you know unless protected under secret or confidence.
Must be available to testify against that lawyer (no anonymous tips).
Does committing a crime by itself warrant discipline?
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Ans: Not unless the crime is relevant to the practice of law (a one time DUI is
not enough).
A lawyer who commits fraud in the conduct of a business is subject to discipline,
even if the lawyer is not active in the practice of law.
No statute of limitations
Supervisor responsible for acts of subordinate if:
Ans: The supervisor knew of misconduct at a time when consequences can be
avoided or mitigated and the lawyer didn't do anything about it and the lawyer
fails to take reasonable remedial action.
OR
if the violation raises a substantial question of character and the supervisor either
ordered or ratified the conduct.
If you're a subordinate, you're not responsible for your acts if:
Ans: 1) you were told to do it
2) its at least arguable that what you did you thought was okay to do.
Unauthorized practice of law; The following activities require a license (and
constitute the "practice of law").
What activities don't need a license?
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Ans: 1) appearing in court or depositions
2) drafting legal documents that affect substantial client rights (ok if lawyer signs
off)
3) Negotiate settlements
These activities don't need a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
Fee division with a non lawyer, General Rule?
Ans: General Rule: Don't do it
Exceptions:
1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or bonus plans
Also: Lawyer may share court-awarded legal fees with a nonprofit organization
that employed, retained or recommended employment of the lawyer in the
matter.
The law firm and other forms of practice
Ans: Lawyers must not imply that they are partners or otherwise associated
with each other in a law firm unless they really are. As to the public, the law firm
includes lawyers who frequently consult, work jointly, and have access to each
other's files.
Who can be partners in a law firm?
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