MPRE EXAM QUESTIONS WITH COMPLETE
SOLUTIONS
A lawyer's performance of law-related services is subject to the
MRPC
if those services are provided in circumstances that are not
distinct from the lawyer's provision of legal services.
A lawyer depositing her own funds into a trust account to pay
bank service charges, is
permitted under the rules of professional conduct
At the conclusion of a contingent-fee matter,
a lawyer must provide his/her client with a written statement
showing the outcome of the matter and the method of
determining the client's portion of the recovery (if any).
A full-time judge is prohibited from serving as a fiduciary unless
serving as a fiduciary for the estate, trust, or person of a member
of the judge's family.
Additionally, full-time judges are generally prohibited from
practicing law in any forum.
A lawyer can charge a potential client a fee to refer the potential
client to another lawyer,
so long as the referral fee is reasonable
,A lawyer is subject to discipline for beginning a sexual
relationship with a constituent of an organizational client who
supervises, directs, or regularly consults the lawyer about the
organization's legal matters after the client-lawyer relationship is
formed.
This creates a conflict of interest that cannot be waived.
A judge must not abuse the prestige of judicial office
to advance the personal or economic interests of the judge or
others, or allow others to do so.
A judicial candidate in a partisan public election may seek,
accept, and use endorsements of a political organization and/or
party. A judicial candidate in any election may seek, accept, and
use an endorsement from any person, including candidates for
the same judicial office.
MASE (Judicial Candidate)
1. may accept
2. seek and use an
3. endorsement from any political organization/party/person
A lawyer who represents a client before a legislative body or
administrative agency in nonadjudicative proceedings
must disclose that his/her appearance is in a representative
capacity.
,All the exceptions to the duty of confidentiality are
discretionary
A lawyer may participate in a legal services plan so long as
(1) the lawyer does not own, direct, or solicit on behalf of the
plan and (2) the plan does not solicit persons known to need
legal services in a particular matter.
An attorney must communicate to a client
(1) the scope of the representation, (2) the basis for the
attorney's fee, (3) any change to the fee, and (4) the expenses for
which the client will be responsible. The attorney must do so
before or within a reasonable time after commencement of
representation
If a client has instructed a lawyer to perform a limited evaluation
for use by someone other than the client,
any material limitation must be described in the lawyer's
evaluation report.
Lawyers, law firms, and other entities owned or controlled by
lawyers or law firms cannot accept a government legal
engagement or an appointment by a judge if they made or
solicited political contributions for the purpose of obtaining or
being considered for the position.
However, they may accept uncompensated positions.
, "these positions do not include those that are (1) substantially
uncompensated, (2) made on the sole basis of experience,
expertise, professional qualifications, and cost following a
request for proposal or other process free from influence; or (3)
made on a rotational basis from a list compiled without regard to
political contributions."
It is a conflict of interest for a lawyer to represent a party in
connection with a matter in which the lawyer participated
personally and substantially as a judge.
A former judge did not participate personally and substantially
in a case if the former judge merely exercised remote or
administrative responsibilities that did not affect the merits.
Lawyer is disqualified if:
lawyer personally & substantially participated as third-party
neutral (eg, judge, mediator) in matter connected to client's
representation
Exception: lawyer was arbitrator selected as partisan of party
To satisfy the damages requirement in a legal malpractice suit
based on negligence,
the client must have suffered actual and redressable harm or
injury.
The attorney is not subject to discipline for the nonlawyer's
conduct under the MRPC because he
SOLUTIONS
A lawyer's performance of law-related services is subject to the
MRPC
if those services are provided in circumstances that are not
distinct from the lawyer's provision of legal services.
A lawyer depositing her own funds into a trust account to pay
bank service charges, is
permitted under the rules of professional conduct
At the conclusion of a contingent-fee matter,
a lawyer must provide his/her client with a written statement
showing the outcome of the matter and the method of
determining the client's portion of the recovery (if any).
A full-time judge is prohibited from serving as a fiduciary unless
serving as a fiduciary for the estate, trust, or person of a member
of the judge's family.
Additionally, full-time judges are generally prohibited from
practicing law in any forum.
A lawyer can charge a potential client a fee to refer the potential
client to another lawyer,
so long as the referral fee is reasonable
,A lawyer is subject to discipline for beginning a sexual
relationship with a constituent of an organizational client who
supervises, directs, or regularly consults the lawyer about the
organization's legal matters after the client-lawyer relationship is
formed.
This creates a conflict of interest that cannot be waived.
A judge must not abuse the prestige of judicial office
to advance the personal or economic interests of the judge or
others, or allow others to do so.
A judicial candidate in a partisan public election may seek,
accept, and use endorsements of a political organization and/or
party. A judicial candidate in any election may seek, accept, and
use an endorsement from any person, including candidates for
the same judicial office.
MASE (Judicial Candidate)
1. may accept
2. seek and use an
3. endorsement from any political organization/party/person
A lawyer who represents a client before a legislative body or
administrative agency in nonadjudicative proceedings
must disclose that his/her appearance is in a representative
capacity.
,All the exceptions to the duty of confidentiality are
discretionary
A lawyer may participate in a legal services plan so long as
(1) the lawyer does not own, direct, or solicit on behalf of the
plan and (2) the plan does not solicit persons known to need
legal services in a particular matter.
An attorney must communicate to a client
(1) the scope of the representation, (2) the basis for the
attorney's fee, (3) any change to the fee, and (4) the expenses for
which the client will be responsible. The attorney must do so
before or within a reasonable time after commencement of
representation
If a client has instructed a lawyer to perform a limited evaluation
for use by someone other than the client,
any material limitation must be described in the lawyer's
evaluation report.
Lawyers, law firms, and other entities owned or controlled by
lawyers or law firms cannot accept a government legal
engagement or an appointment by a judge if they made or
solicited political contributions for the purpose of obtaining or
being considered for the position.
However, they may accept uncompensated positions.
, "these positions do not include those that are (1) substantially
uncompensated, (2) made on the sole basis of experience,
expertise, professional qualifications, and cost following a
request for proposal or other process free from influence; or (3)
made on a rotational basis from a list compiled without regard to
political contributions."
It is a conflict of interest for a lawyer to represent a party in
connection with a matter in which the lawyer participated
personally and substantially as a judge.
A former judge did not participate personally and substantially
in a case if the former judge merely exercised remote or
administrative responsibilities that did not affect the merits.
Lawyer is disqualified if:
lawyer personally & substantially participated as third-party
neutral (eg, judge, mediator) in matter connected to client's
representation
Exception: lawyer was arbitrator selected as partisan of party
To satisfy the damages requirement in a legal malpractice suit
based on negligence,
the client must have suffered actual and redressable harm or
injury.
The attorney is not subject to discipline for the nonlawyer's
conduct under the MRPC because he
