MPRE
What is NOT Rational?
• Graduation from an ABA accredited law school (Not required though) –
CORRECT ANSWER
• Refusal to take an oath to uphold US/State constitution
• Not Rational:
o US Citizenship
o Residency
• Lawyer self-regulation
What MUST you do when you know of a violation? (2)
• Must report what you know unless protected under secret or confidence –
CORRECT ANSWER
• Must be available to testify against that lawyer (no anonymous tips)
Does committing a crime by itself warrant discipline?
• Not unless the crime is relevant to the practice of law (a one time DUI is not enough)
– CORRECT ANSWER
• 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:
• 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 – CORRECT ANSWER
• 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:
• 1) you were told to do it
• 2) it's at least arguable that what you did you thought was okay to do – CORRECT
ANSWER
What activities don't need a license?
, • 1) Interview people
• 2) Fill out forms
• 3) Draft legal memos – CORRECT ANSWER
Fee division with a non-lawyer, General Rule?
• General Rule: Don't do it – CORRECT ANSWER
Exceptions:
1. Heirs of deceased attorney
2. Employees in the form of salaries and as a part of a pension or bonus plans
3. Nonprofit organizations that employed/retained/recommended lawyer
The law firm and other forms of practice
• Lawyers must not imply they are partners unless they really are – CORRECT
ANSWER
Who can be partners in a law firm?
• Only lawyers can be partners/officers if the business involves the practice of law –
CORRECT ANSWER
• Exception: Shareholders, temporary by operation of law
Dual Professions
• OK, but can’t use the dual to solicit legal business – CORRECT ANSWER
• Attorney/client privilege does not apply in dual profession
Law-related services
• OK if related to legal services – CORRECT ANSWER
• Non-legal services controlled by lawyer: Must inform client they are not legal
services or rules apply
Restrictions on the right to practice
• Generally: Can't do it – CORRECT ANSWER
• Exceptions: Retirement, claim settlement
Lawyer's ability to reject cases
• Generally: Freedom to reject – CORRECT ANSWER
• SHOULD take defenseless/oppressed
• SHOULD do fair share of pro bono (50 hours/year)
, Appointments
• Lawyer MUST take appointments unless: unreasonable financial burden –
CORRECT ANSWER
Duty to reject cases
• 1) Physical/mental inability
• 2) Conflict of Interest
• 3) Frivolous claims
• 4) Strong feelings or bias
• 5) Incompetence/lack of expertise – CORRECT ANSWER
• Exceptions (ALE): Associate, Learn, Emergency
Client decisions (belong to client)
• 1) Sue
• 2) Settle (must inform client)
• 3) Testify (criminal)
• 4) Plea
• 5) Jury/bench
• 6) Appeal – CORRECT ANSWER
Attorney decisions (procedural/tactical)
• 1) Which court to file in
• 2) Depositions
• 3) Discovery
• 4) Continuances – CORRECT ANSWER
Minor/incapacitated client
• No, must get guardian appointed – CORRECT ANSWER
Termination of relationship
• Need court permission if in litigation, must return property and unused retainer –
CORRECT ANSWER
• Judge's decision depends on stage of matter
Mandatory Withdrawal
• 1) Client fraud/refusal to rectify
• 2) Client insists on violation
• 3) Illegal course of action – CORRECT ANSWER
What is NOT Rational?
• Graduation from an ABA accredited law school (Not required though) –
CORRECT ANSWER
• Refusal to take an oath to uphold US/State constitution
• Not Rational:
o US Citizenship
o Residency
• Lawyer self-regulation
What MUST you do when you know of a violation? (2)
• Must report what you know unless protected under secret or confidence –
CORRECT ANSWER
• Must be available to testify against that lawyer (no anonymous tips)
Does committing a crime by itself warrant discipline?
• Not unless the crime is relevant to the practice of law (a one time DUI is not enough)
– CORRECT ANSWER
• 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:
• 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 – CORRECT ANSWER
• 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:
• 1) you were told to do it
• 2) it's at least arguable that what you did you thought was okay to do – CORRECT
ANSWER
What activities don't need a license?
, • 1) Interview people
• 2) Fill out forms
• 3) Draft legal memos – CORRECT ANSWER
Fee division with a non-lawyer, General Rule?
• General Rule: Don't do it – CORRECT ANSWER
Exceptions:
1. Heirs of deceased attorney
2. Employees in the form of salaries and as a part of a pension or bonus plans
3. Nonprofit organizations that employed/retained/recommended lawyer
The law firm and other forms of practice
• Lawyers must not imply they are partners unless they really are – CORRECT
ANSWER
Who can be partners in a law firm?
• Only lawyers can be partners/officers if the business involves the practice of law –
CORRECT ANSWER
• Exception: Shareholders, temporary by operation of law
Dual Professions
• OK, but can’t use the dual to solicit legal business – CORRECT ANSWER
• Attorney/client privilege does not apply in dual profession
Law-related services
• OK if related to legal services – CORRECT ANSWER
• Non-legal services controlled by lawyer: Must inform client they are not legal
services or rules apply
Restrictions on the right to practice
• Generally: Can't do it – CORRECT ANSWER
• Exceptions: Retirement, claim settlement
Lawyer's ability to reject cases
• Generally: Freedom to reject – CORRECT ANSWER
• SHOULD take defenseless/oppressed
• SHOULD do fair share of pro bono (50 hours/year)
, Appointments
• Lawyer MUST take appointments unless: unreasonable financial burden –
CORRECT ANSWER
Duty to reject cases
• 1) Physical/mental inability
• 2) Conflict of Interest
• 3) Frivolous claims
• 4) Strong feelings or bias
• 5) Incompetence/lack of expertise – CORRECT ANSWER
• Exceptions (ALE): Associate, Learn, Emergency
Client decisions (belong to client)
• 1) Sue
• 2) Settle (must inform client)
• 3) Testify (criminal)
• 4) Plea
• 5) Jury/bench
• 6) Appeal – CORRECT ANSWER
Attorney decisions (procedural/tactical)
• 1) Which court to file in
• 2) Depositions
• 3) Discovery
• 4) Continuances – CORRECT ANSWER
Minor/incapacitated client
• No, must get guardian appointed – CORRECT ANSWER
Termination of relationship
• Need court permission if in litigation, must return property and unused retainer –
CORRECT ANSWER
• Judge's decision depends on stage of matter
Mandatory Withdrawal
• 1) Client fraud/refusal to rectify
• 2) Client insists on violation
• 3) Illegal course of action – CORRECT ANSWER
