MPRE Barbri Lecture Handout UPDATED
ACTUAL Exam Questions and CORRECT
Answers
"Must" Rules - CORRECT ANSWER - Mandatory - violating lawyer is subject to discipline;
e.g., private or public reprimand, suspension, disbarment
"Should" Rules - CORRECT ANSWER - Advisory - no punishment for violation
The U.S. Supreme Court mandated that requirements for admission to the bar is: - CORRECT
ANSWER - Rationally related to the practice of law
What IS a rational requirement? - CORRECT ANSWER - 1. Graduation from an ABA
accredited law school
2. Making the applicant take an oath to uphold the State Federal Constitution
3. Good moral character: i.e., applicant fills out a questionnaire and admissions committee
investigates applicant's past conduct; conduct involving "moral turpitude" may jeopardize
admission.
What is NOT rational? - CORRECT ANSWER - 1. US Citizenship
2. Requiring residency in the state
3. Banning admissions based on political affiliation.
Regarding character investigations, an applicant or a lawyer recommending an applicant must
not:
Does this require a lawyer to disclose information otherwise protected by her duty of
confidentiality [i.e., information relating to representing a client matter]? - CORRECT
ANSWER - 1. Make a false statement of material fact;
2. Fail to respond to a lawful demand for information (duty to cooperate); or
,3. Fail to disclose any fact necessary to correct a misapprehension.
No.
Applicant is applying for admission to the State A Bar. When applicant was in high school, he
and his parents lived in State B, next door to Attorney. Attorney is admitted to practice in State
B, but not in State A. Applicant seemed to be a promising lad, and Attorney was disappointed to
learn that Applicant, during his senior year in high school, was convicted of burglarizing a liquor
store. After serving his sentence, Applicant went to college and later to law school. Attorney has
had no contact with Applicant since Applicant's high school years, but so far as attorney knows,
Applicant has not done anything since high school that would reflect poorly on his character. The
Bar of State A sent attorney a routine questionnaire, asking a series of questions about
Applicant's character. Attorney does not know whether Applicant disclosed the burglary
conviction on his bar application, and she does not know where to conta - CORRECT
ANSWER - (A) Not respond at all, because she has no relevant information to provide.
(B) Not respond at all, because as a State B lawyer she is not obligated to provide information to
the Bar of State A.
(C) Not mention Applicant's burglary conviction in her response unless she first contacts him
and obtains his permission to do so.
(D) State what she knows about Applicant, including mention of his burglary conviction.
A lawyer who KNOWS that another lawyer has committed a violation that raises substantial
question to the lawyer's honesty, trustworthiness or ability to practice MUST report the violation,
unless ______________________________________ (lawyer learned of the violation while
representing the violating lawyer) or the lawyer learned of the violation while participating in an
______________________________________________________________________. -
CORRECT ANSWER - -the duty of confidentiality applies
-approved lawyers assistance program (i.e., AA privilege)
,Who else does a lawyer have a duty to report? - CORRECT ANSWER - Lawyers have the
same duty to report Judges who violate the Code of Judicial Conduct.
A lawyer is subject to discipline for committing a crime if:
[most crimes involving dishonesty and serious violence qualify, but solicitation of prostitution or
a single DUI probably would not.] - CORRECT ANSWER - the crime is relevant to some
aspect of practicing law.
Any _________, _____________, _______________, or _____________ is grounds for
discipline. Thus, 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. - CORRECT ANSWER -
fraud, dishonesty, misrepresentation, or deceit
In conduct ___________________________________, lawyers must not harass or discriminate
on the basis of race, sex, religion, national origin, ethnicity, age, sexual orientation, gender
identity, marital status, or socioeconomic status. - CORRECT ANSWER - related to the
practice of law
This rule does not affect a lawyer's ability to ______________ or _____________ a case [e.g.,
limiting one's practice to underserved populations], and does not preclude
______________________________________________ otherwise consistent with the RPC. -
CORRECT ANSWER - accept or decline
"legitimate advice or advocacy"
Although the rule (see notecard 12) prohibits employment discrimination by lawyers, a lawyer
does not violate the rule by engaging in conduct intended to
__________________________________. - CORRECT ANSWER - Promote Diversity
During the trial of a case by Attorney Dorothy, Attorney Blanche took shelter in a tavern from an
unexpected rainstorm. While in the tavern, Attorney Blanch saw Attorney Dorothy having a
drink with a juror on the case Attorney Dorothy was trying.
, What is required conduct for Attorney Blanche? - CORRECT ANSWER - (A) Keep this
knowledge confidential.
(B) Identify herself to Dorothy and reprimand Dorothy for drinking in a public place with a
juror.
(C) Inform the judge trying the case of this incident.
(D) Caution Dorothy and the juror not to talk further with each other.
Any state in which the lawyer is admitted to practice has power to discipline the lawyer,
________________________________________________. - CORRECT ANSWER -
regardless of where the misconduct occurred
A lawyer not admitted in the state is also subject to the jurisdiction of the state if: - CORRECT
ANSWER - the lawyer renders or offers to render any legal services in the state.
For conduct in connection with litigation pending before a court, the rules of the jurisdiction
____________________________________ govern the lawyer's conduct. - CORRECT
ANSWER - in which the court sits
For any other conduct, the rules of the jurisdiction ___________________________________
[or where the ___________________ effect of the conduct occurred] apply. - CORRECT
ANSWER - in which the lawyer's conduct occurred
predominant
What activities require a license [& constitute the "practice of law"]? - CORRECT
ANSWER - 1. Appearances in judicial proceedings and depositions
2. Drafting documents that effect substantial legal rights [will, trust, contract, etc.]
ACTUAL Exam Questions and CORRECT
Answers
"Must" Rules - CORRECT ANSWER - Mandatory - violating lawyer is subject to discipline;
e.g., private or public reprimand, suspension, disbarment
"Should" Rules - CORRECT ANSWER - Advisory - no punishment for violation
The U.S. Supreme Court mandated that requirements for admission to the bar is: - CORRECT
ANSWER - Rationally related to the practice of law
What IS a rational requirement? - CORRECT ANSWER - 1. Graduation from an ABA
accredited law school
2. Making the applicant take an oath to uphold the State Federal Constitution
3. Good moral character: i.e., applicant fills out a questionnaire and admissions committee
investigates applicant's past conduct; conduct involving "moral turpitude" may jeopardize
admission.
What is NOT rational? - CORRECT ANSWER - 1. US Citizenship
2. Requiring residency in the state
3. Banning admissions based on political affiliation.
Regarding character investigations, an applicant or a lawyer recommending an applicant must
not:
Does this require a lawyer to disclose information otherwise protected by her duty of
confidentiality [i.e., information relating to representing a client matter]? - CORRECT
ANSWER - 1. Make a false statement of material fact;
2. Fail to respond to a lawful demand for information (duty to cooperate); or
,3. Fail to disclose any fact necessary to correct a misapprehension.
No.
Applicant is applying for admission to the State A Bar. When applicant was in high school, he
and his parents lived in State B, next door to Attorney. Attorney is admitted to practice in State
B, but not in State A. Applicant seemed to be a promising lad, and Attorney was disappointed to
learn that Applicant, during his senior year in high school, was convicted of burglarizing a liquor
store. After serving his sentence, Applicant went to college and later to law school. Attorney has
had no contact with Applicant since Applicant's high school years, but so far as attorney knows,
Applicant has not done anything since high school that would reflect poorly on his character. The
Bar of State A sent attorney a routine questionnaire, asking a series of questions about
Applicant's character. Attorney does not know whether Applicant disclosed the burglary
conviction on his bar application, and she does not know where to conta - CORRECT
ANSWER - (A) Not respond at all, because she has no relevant information to provide.
(B) Not respond at all, because as a State B lawyer she is not obligated to provide information to
the Bar of State A.
(C) Not mention Applicant's burglary conviction in her response unless she first contacts him
and obtains his permission to do so.
(D) State what she knows about Applicant, including mention of his burglary conviction.
A lawyer who KNOWS that another lawyer has committed a violation that raises substantial
question to the lawyer's honesty, trustworthiness or ability to practice MUST report the violation,
unless ______________________________________ (lawyer learned of the violation while
representing the violating lawyer) or the lawyer learned of the violation while participating in an
______________________________________________________________________. -
CORRECT ANSWER - -the duty of confidentiality applies
-approved lawyers assistance program (i.e., AA privilege)
,Who else does a lawyer have a duty to report? - CORRECT ANSWER - Lawyers have the
same duty to report Judges who violate the Code of Judicial Conduct.
A lawyer is subject to discipline for committing a crime if:
[most crimes involving dishonesty and serious violence qualify, but solicitation of prostitution or
a single DUI probably would not.] - CORRECT ANSWER - the crime is relevant to some
aspect of practicing law.
Any _________, _____________, _______________, or _____________ is grounds for
discipline. Thus, 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. - CORRECT ANSWER -
fraud, dishonesty, misrepresentation, or deceit
In conduct ___________________________________, lawyers must not harass or discriminate
on the basis of race, sex, religion, national origin, ethnicity, age, sexual orientation, gender
identity, marital status, or socioeconomic status. - CORRECT ANSWER - related to the
practice of law
This rule does not affect a lawyer's ability to ______________ or _____________ a case [e.g.,
limiting one's practice to underserved populations], and does not preclude
______________________________________________ otherwise consistent with the RPC. -
CORRECT ANSWER - accept or decline
"legitimate advice or advocacy"
Although the rule (see notecard 12) prohibits employment discrimination by lawyers, a lawyer
does not violate the rule by engaging in conduct intended to
__________________________________. - CORRECT ANSWER - Promote Diversity
During the trial of a case by Attorney Dorothy, Attorney Blanche took shelter in a tavern from an
unexpected rainstorm. While in the tavern, Attorney Blanch saw Attorney Dorothy having a
drink with a juror on the case Attorney Dorothy was trying.
, What is required conduct for Attorney Blanche? - CORRECT ANSWER - (A) Keep this
knowledge confidential.
(B) Identify herself to Dorothy and reprimand Dorothy for drinking in a public place with a
juror.
(C) Inform the judge trying the case of this incident.
(D) Caution Dorothy and the juror not to talk further with each other.
Any state in which the lawyer is admitted to practice has power to discipline the lawyer,
________________________________________________. - CORRECT ANSWER -
regardless of where the misconduct occurred
A lawyer not admitted in the state is also subject to the jurisdiction of the state if: - CORRECT
ANSWER - the lawyer renders or offers to render any legal services in the state.
For conduct in connection with litigation pending before a court, the rules of the jurisdiction
____________________________________ govern the lawyer's conduct. - CORRECT
ANSWER - in which the court sits
For any other conduct, the rules of the jurisdiction ___________________________________
[or where the ___________________ effect of the conduct occurred] apply. - CORRECT
ANSWER - in which the lawyer's conduct occurred
predominant
What activities require a license [& constitute the "practice of law"]? - CORRECT
ANSWER - 1. Appearances in judicial proceedings and depositions
2. Drafting documents that effect substantial legal rights [will, trust, contract, etc.]
