MPRE themis UPDATED ACTUAL Exam
Questions and CORRECT Answers
A lawyer must take reasonable measures to ensure that a person obtaining non-legal services
from them knows that the services are - CORRECT ANSWER - not legal services and that the
protections of the lawyer-client privilege do not apply.
A lawyer has a duty to decline representation of a client when the lawyer's ________or
___________condition materially impairs the lawyer's ability to represent the client - CORRECT
ANSWER - physical or mental
If a lawyer acts with apparent authority regarding accepting a settlement offer the agreement will
be - CORRECT ANSWER - Binding even if the client had not expressly agreed to the offer
A lawyer generally may withdraw for any reason when the client's interests will
not_________________ - CORRECT ANSWER - Be materially harmed, even when the
client objects to the withdrawal.
At the conclusion of a successful contingent fee matter, the lawyer must - CORRECT
ANSWER - Provide the client with a written statement stating the outcome of the matter and,
if there is a recovery, showing the remittance to the client and the method of its determination.
It is prohibited for an attorney to collect a referral fee from another attorney but it is not -
CORRECT ANSWER - Prohibited for an attorney to charge a client a referral fee
In a non-contingent fee agreement, a lawyer has the duty to communicate not only the fee the
lawyer will charge but also - CORRECT ANSWER - The expenses for which the client will
be responsible for
A client, during a conference with her attorney in his office about the client's pending divorce,
threatened to kill her husband, from whom she was separated. Based on his knowledge of the
client, the attorney believed his client's threat to be credible. The attorney warned the husband of
the client's threat. Despite the warning, the husband did not take the threat seriously. Shortly
, thereafter, the client shot her husband, seriously wounding him. Is the attorney subject to
discipline for warning the husband of the threat?
No, because the attorney had a duty to warn his client's husband.
No, because the attorney's failure to warn the client's husband was not the proximate cause of the
husband's harm.
No, because the attorney was reasonably certain that the disclosure was necessary to prevent
death or bodily harm.
Yes, because the attorney owed his client a duty of confidentiality. - CORRECT ANSWER -
No, because the attorney was reasonably certain that the disclosure was necessary to prevent
death or bodily harm.
A lawyer MAY reveal confidential information to the extent the lawyer reasonably believes
disclosure is necessary to - CORRECT ANSWER - Prevent reasonably certain death or bodily
harm
An exception to the advocate-witness rule exists when a lawyer is testifying about - CORRECT
ANSWER - the nature and value of the legal services rendered in the case
With respect to contingency fee agreements, costs such as costs of filing suit and costs to obtain
a medical examination can be - CORRECT ANSWER - Advanced by the attorney
All you have to do with regards to former clients regarding conflicts of interest is - CORRECT
ANSWER - Properly screen the attorney and give notice to the former client
When a judge participates in a court hearing ONLY as an administrative formality and later joins
a firm on the case - CORRECT ANSWER - It does not create a conflict of interest that gets
imputed on the former judge's new firm
Questions and CORRECT Answers
A lawyer must take reasonable measures to ensure that a person obtaining non-legal services
from them knows that the services are - CORRECT ANSWER - not legal services and that the
protections of the lawyer-client privilege do not apply.
A lawyer has a duty to decline representation of a client when the lawyer's ________or
___________condition materially impairs the lawyer's ability to represent the client - CORRECT
ANSWER - physical or mental
If a lawyer acts with apparent authority regarding accepting a settlement offer the agreement will
be - CORRECT ANSWER - Binding even if the client had not expressly agreed to the offer
A lawyer generally may withdraw for any reason when the client's interests will
not_________________ - CORRECT ANSWER - Be materially harmed, even when the
client objects to the withdrawal.
At the conclusion of a successful contingent fee matter, the lawyer must - CORRECT
ANSWER - Provide the client with a written statement stating the outcome of the matter and,
if there is a recovery, showing the remittance to the client and the method of its determination.
It is prohibited for an attorney to collect a referral fee from another attorney but it is not -
CORRECT ANSWER - Prohibited for an attorney to charge a client a referral fee
In a non-contingent fee agreement, a lawyer has the duty to communicate not only the fee the
lawyer will charge but also - CORRECT ANSWER - The expenses for which the client will
be responsible for
A client, during a conference with her attorney in his office about the client's pending divorce,
threatened to kill her husband, from whom she was separated. Based on his knowledge of the
client, the attorney believed his client's threat to be credible. The attorney warned the husband of
the client's threat. Despite the warning, the husband did not take the threat seriously. Shortly
, thereafter, the client shot her husband, seriously wounding him. Is the attorney subject to
discipline for warning the husband of the threat?
No, because the attorney had a duty to warn his client's husband.
No, because the attorney's failure to warn the client's husband was not the proximate cause of the
husband's harm.
No, because the attorney was reasonably certain that the disclosure was necessary to prevent
death or bodily harm.
Yes, because the attorney owed his client a duty of confidentiality. - CORRECT ANSWER -
No, because the attorney was reasonably certain that the disclosure was necessary to prevent
death or bodily harm.
A lawyer MAY reveal confidential information to the extent the lawyer reasonably believes
disclosure is necessary to - CORRECT ANSWER - Prevent reasonably certain death or bodily
harm
An exception to the advocate-witness rule exists when a lawyer is testifying about - CORRECT
ANSWER - the nature and value of the legal services rendered in the case
With respect to contingency fee agreements, costs such as costs of filing suit and costs to obtain
a medical examination can be - CORRECT ANSWER - Advanced by the attorney
All you have to do with regards to former clients regarding conflicts of interest is - CORRECT
ANSWER - Properly screen the attorney and give notice to the former client
When a judge participates in a court hearing ONLY as an administrative formality and later joins
a firm on the case - CORRECT ANSWER - It does not create a conflict of interest that gets
imputed on the former judge's new firm
