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MPRE Practice Questions Questions and Correct
Answers/ Latest Update / Already Graded
An attorney represented the wife in an acrimonious divorce proceeding involving
issues of property division and child custody. After one day of trial, the husband,
through his lawyer, made a settlement offer. The proposed settlement required
that the wife's attorney agree not to represent the wife in any subsequent
proceeding, brought by either party, to modify or enforce the provisions of the
decree. The wife wanted to accept the offer, and her attorney reasonably believed
that it was in the wife's best interest to do so because the settlement offer was
better than any potential award to the wife resulting from the case going to
judgment. Consequently, the attorney recommended to the wife that she accept
the offer.
Was it proper for the wife's attorney to recommend that the wife accept the
settlement offer?
(A) No, because the attorney did not obtain the wife's informed consent to the
conflict of interest created b
Ans: (B) No, because the proposed settlement restricted the attorney's right to
represent the wife in the future.
An experienced oil and gas developer asked an attorney to represent him in a suit
to establish the developer's ownership of certain oil and gas royalties. The
developer did not have available the necessary funds to pay the attorney's
reasonable hourly rate for undertaking the case and proposed instead that, if he
prevailed in the lawsuit, he would pay the attorney 20% of the first year's royalties
recovered in the suit. Twenty percent of the first year's royalties would likely
exceed the amount that the attorney would have received from charging his
regular hourly rate. The attorney accepted the proposal.
© 2025/ 2026 | ® All rights reserved
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Is the attorney subject to discipline?
(A) Yes, because the agreement gave the attorney a proprietary interest in the
developer's cause of action.
(B) Yes, because the fee was likely to exceed the amount that the attorney would
have received from charging his regular hourly rate.
(C) No, because the developer rathe
Ans: (D) No, because the attorney may contract with the developer for a
reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the
waste products of the company's manufacturing processes are highly toxic and are
reasonably certain to cause substantial bodily harm if disposed of improperly. The
president of the company recently informed the attorney that a new employee
mistakenly disposed of the waste products in the ground behind the company
plant, an area that is part of the source of the city's water supply. The attorney
advised the president that, although the conduct was not criminal, the company
could be civilly liable for negligence in lawsuits brought by any persons harmed by
the waste products. The attorney advised the president to immediately report the
problem to city authorities. Fearful of adverse publicity, the president declined to
do so. The attorney further advised the president that she believed the
president's decision was immoral. The president conti
Ans: (C) No, because the attorney reasonably believed that the company's
disposal of the waste products was reasonably certain to cause substantial bodily
harm.
An attorney worked in the legal department of a public utility company and
represented that company in litigation. The company was sued by a consumer
group which alleged that the company was guilty of various acts in violation of its
charter. Through its general counsel, the company instructed the attorney not to
negotiate a settlement but to go to trial under any circumstances since a
© 2025/ 2026 | ® All rights reserved
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precedent needed to be established. Although the company's defense could be
supported by a good faith argument, the attorney believed that the case should be
settled if possible.
Must the attorney withdraw as counsel in this case?
(A) No, because as an employee, the attorney is bound by the instructions of the
general counsel.
(B) No, because the company's defense can be supported by a good faith
argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
(D) Yes, because the company is controlling the attorney's judgment
Ans: (B) No, because the company's defense can be supported by a good faith
argument.
An attorney represented a client who was the plaintiff in a personal injury action.
The personal injury action was settled, and the attorney received a check in the
amount of $10,000 payable to the attorney. The attorney deposited the check in
her clients' trust account.
One day later, the attorney received a letter from a bank, which had heard of the
settlement of the personal injury lawsuit. The bank informed the attorney that the
client had failed to make his monthly mortgage payments for the last three
months and demanded that the attorney immediately release $900 of the
proceeds of the settlement to the bank or the bank would institute mortgage
foreclosure proceedings against the client. The attorney informed the client of the
bank's letter. The client did not dispute the $900 debt to the bank, but
responded:
© 2025/ 2026 | ® All rights reserved
MPRE Practice Questions Questions and Correct
Answers/ Latest Update / Already Graded
An attorney represented the wife in an acrimonious divorce proceeding involving
issues of property division and child custody. After one day of trial, the husband,
through his lawyer, made a settlement offer. The proposed settlement required
that the wife's attorney agree not to represent the wife in any subsequent
proceeding, brought by either party, to modify or enforce the provisions of the
decree. The wife wanted to accept the offer, and her attorney reasonably believed
that it was in the wife's best interest to do so because the settlement offer was
better than any potential award to the wife resulting from the case going to
judgment. Consequently, the attorney recommended to the wife that she accept
the offer.
Was it proper for the wife's attorney to recommend that the wife accept the
settlement offer?
(A) No, because the attorney did not obtain the wife's informed consent to the
conflict of interest created b
Ans: (B) No, because the proposed settlement restricted the attorney's right to
represent the wife in the future.
An experienced oil and gas developer asked an attorney to represent him in a suit
to establish the developer's ownership of certain oil and gas royalties. The
developer did not have available the necessary funds to pay the attorney's
reasonable hourly rate for undertaking the case and proposed instead that, if he
prevailed in the lawsuit, he would pay the attorney 20% of the first year's royalties
recovered in the suit. Twenty percent of the first year's royalties would likely
exceed the amount that the attorney would have received from charging his
regular hourly rate. The attorney accepted the proposal.
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Is the attorney subject to discipline?
(A) Yes, because the agreement gave the attorney a proprietary interest in the
developer's cause of action.
(B) Yes, because the fee was likely to exceed the amount that the attorney would
have received from charging his regular hourly rate.
(C) No, because the developer rathe
Ans: (D) No, because the attorney may contract with the developer for a
reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the
waste products of the company's manufacturing processes are highly toxic and are
reasonably certain to cause substantial bodily harm if disposed of improperly. The
president of the company recently informed the attorney that a new employee
mistakenly disposed of the waste products in the ground behind the company
plant, an area that is part of the source of the city's water supply. The attorney
advised the president that, although the conduct was not criminal, the company
could be civilly liable for negligence in lawsuits brought by any persons harmed by
the waste products. The attorney advised the president to immediately report the
problem to city authorities. Fearful of adverse publicity, the president declined to
do so. The attorney further advised the president that she believed the
president's decision was immoral. The president conti
Ans: (C) No, because the attorney reasonably believed that the company's
disposal of the waste products was reasonably certain to cause substantial bodily
harm.
An attorney worked in the legal department of a public utility company and
represented that company in litigation. The company was sued by a consumer
group which alleged that the company was guilty of various acts in violation of its
charter. Through its general counsel, the company instructed the attorney not to
negotiate a settlement but to go to trial under any circumstances since a
© 2025/ 2026 | ® All rights reserved
, 3 | Page
precedent needed to be established. Although the company's defense could be
supported by a good faith argument, the attorney believed that the case should be
settled if possible.
Must the attorney withdraw as counsel in this case?
(A) No, because as an employee, the attorney is bound by the instructions of the
general counsel.
(B) No, because the company's defense can be supported by a good faith
argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
(D) Yes, because the company is controlling the attorney's judgment
Ans: (B) No, because the company's defense can be supported by a good faith
argument.
An attorney represented a client who was the plaintiff in a personal injury action.
The personal injury action was settled, and the attorney received a check in the
amount of $10,000 payable to the attorney. The attorney deposited the check in
her clients' trust account.
One day later, the attorney received a letter from a bank, which had heard of the
settlement of the personal injury lawsuit. The bank informed the attorney that the
client had failed to make his monthly mortgage payments for the last three
months and demanded that the attorney immediately release $900 of the
proceeds of the settlement to the bank or the bank would institute mortgage
foreclosure proceedings against the client. The attorney informed the client of the
bank's letter. The client did not dispute the $900 debt to the bank, but
responded:
© 2025/ 2026 | ® All rights reserved
