MPRE Test UPDATED Exam Questions and
CORRECT Answers
An attorney was appointed by the court to defend a client at his criminal trial for second degree
murder. The attorney started interviewing potential witnesses. When she interviewed the client's
landlord, the landlord said that on the night of the murder, the client came home very late and
was wearing a shirt covered with blood. The landlord died before trial without speaking to state
authorities.
Which of the following best states what the attorney should do with respect to the information
she has learned from the landlord?
AThe attorney should voluntarily reveal the information to the prosecutor prior to trial because
the death of the landlord has made it impossible for the prosecutor to obtain the information in
any other way.
BThe attorney should urge the client to allow her to reveal the information to the prosecutor, and
if the client refuses, the attorney should withdraw.
CThe attorney should keep the informa - CORRECT ANSWER - DThe attorney should use
her own best judgment about how to treat the information; it is neither prThe attorney should
keep the information in confidence unless the client authorizes her to reveal it, even though the
death of the landlord has made it impossible for the prosecutor to obtain the information other
than from the attorney. The attorney obtained this information from the landlord in the course of
representing her client; therefore, it is subject to the attorney's duty of confidentiality. Absent the
consent of the client, a lawyer must not reveal any information relating to the representation of
the client. [ABA Model Rule 1.6] (A) is incorrect because a lawyer has no ethical obligation to
reveal harmful facts, and, in fact, may be disciplined for doing so. (B) is incorrect because, as
noted above, there is no duty to reveal this information; thus, there is no obligation to urge the
client to reveal the information or withdraw. (D) is incorrect because this information is
confidential. The ethical duty of confidentiality covers more kinds of information than the
attorney-client privilege, which covers only confidential communications between the lawyer
and client. The ethical duty of confidentiality covers any information the lawyer obtains relating
to the representation of the client, no matter what the source of the information.
A judge sits on a federal appellate court. He and two other federal judges heard a diversity of
citizenship case in which they were required to interpret a state statute concerning the marital
communications privilege. The judge's two colleagues wrote the majority opinion, in which they
concluded that the statute gives only the witness-spouse the right to claim the privilege. The
judge wrote a vigorous and scholarly dissent, arguing that the statute gives both spouses the right
to claim the privilege.
,Later, a state senator introduced a bill to amend the statute to reflect the judge's position. The
state senate invited the judge to testify about the public policy reasons for giving both spouses
the right to claim the privilege.
May the judge testify?
AYes, but only if the two judges who wrote the majority opinion are also allowed to testify.
BYes, because a judge may engage in activities designed to improve the law. - CORRECT
ANSWER - B
The judge may testify at a public hearing in connection with matters concerning the law. [CJC
Rule 3.2(A)] (A) is wrong because there is no rule requiring "equal time." (C) is wrong because
it is overbroad. The general rule against judicial involvement in politics limits only some types of
political activities, not including legislative testimony. [CJC Canon 4] (D) is wrong because,
with respect to issues that are likely to come before the court, a judge is prohibited from making
pledges, promises, or commitments that are inconsistent with the impartial performance of his
duties. [CJC Rule 4.1(A)(13)] That Rule does not apply here because the judge's testimony,
which would be designed to improve the law, would not constitute a promise that is inconsistent
with the performance of his adjudicative duties.
A full-time judge lives in State A. Her father lives in a retirement home in State B. The judge's
father told her that several of his friends in the retirement home had employed an attorney to
write wills for them, and that in each will the attorney had included a bequest to himself. Each
bequest was approximately 50% of the estimated total value of the person's probable estate. The
friends told the judge's father that they did not really want to leave the attorney anything, but
they had assumed it was merely a matter of routine, a part of the attorney's compensation for
drafting the will. The attorney is admitted to practice in State B, but not in State A. The judge did
not talk personally with any of her father's friends, but she believes that her father's rendition of
the story is entirely accurate.
Would it be proper for the judge to communicate directly with the attorney about the matter, and
if that does not sa - CORRECT ANSWER - A
A young attorney, three years out of law school, had never set foot in a courtroom. The attorney
was on the board of directors of a nonprofit preschool. One of the preschool's teachers was
charged with felony child abuse for allegedly molesting three pupils. After conducting its own
careful investigation, the preschool's board of directors concluded that the criminal charge was
totally unfounded, and the board resolved to provide defense counsel for the teacher. The young
attorney volunteered to do the work without a fee. A few days before the trial was to begin, the
,attorney became convinced that he was not competent to serve as the teacher's trial counsel. He
asked the trial judge for permission to withdraw. After thoroughly questioning the attorney about
his preparation for trial, the judge said that while he understood the attorney's anxiety, he
believed that the attorney was perfectly competent to handle the cas - CORRECT ANSWER -
A
An attorney represented a defendant in a criminal trial. After the jury returned a guilty verdict,
the defendant was taken to jail and the jury was discharged. While walking to his car, the
disappointed attorney spotted one of the courtroom spectators in the parking lot. The attorney
recalled that the spectator had been a member of the jury pool, but he had exercised a peremptory
challenge against her because he instinctively felt that she would vote against the defendant.
Despite not being selected as a juror, the spectator developed an interest in the case and had
attended the entire trial.
In an attempt to determine whether his instinct during jury selection was correct, the attorney
approached the spectator and asked her whether she would have voted to convict the defendant.
The spectator said, "I'd rather not talk about it." When the attorney explained that he was simply
looking for constructive feedback, the sp - CORRECT ANSWER - A
The attorney is subject to discipline because the spectator initially declined the attorney's request
for an interview. ABA Model Rule 3.5(c) provides that after the trial is over and the jury is
discharged, a lawyer must not communicate with a former juror or prospective juror if any of the
following conditions is met: (1) local law or a court order prohibits such communication; (2) the
juror has told the lawyer that she does not want to communicate; or (3) the communication
involves misrepresentation, coercion, duress, or harassment. Here, the attorney violated the
second condition-he persisted with his interview request after the spectator said that she did not
want to talk with him. (C) is incorrect. Even though the communication did not involve coercion,
duress, or harassment, the attorney still spoke with the spectator after she declined his request,
violating the rule. (D) is incorrect because ABA Model Rule 3.5(c) applies to all jurors and even
prospective jurors. (B) is too broad. There is no blanket prohibition regarding post-trial contact
with jurors and prospective jurors. Rather, such communications are subject to conditions, and
the attorney violated one of these conditions.
An attorney assigned his secretary to manage his client trust account. The attorney gave the
secretary extensive, detailed instructions about the kinds of records to keep, the kinds of funds
that she must deposit, and the kinds of permissible withdrawals that she could make. The
attorney had complete faith in the secretary's ability and honesty, and therefore did not supervise
the secretary's management of the account. Three years later, during an audit, it was discovered
that on 18 different occasions during that period, the account balance fell below the amount that
should have been there. The attorney was unaware of these occasions until he received a copy of
the audit.
, Is the attorney subject to discipline?
AYes, because he did not adequately supervise the secretary.
BYes, because a lawyer must manage his client trust account himself.
CNo, because he took reasonable steps to train the secretary and did not reali - CORRECT
ANSWER - A
A potential client consulted an attorney, hoping to hire her to represent him as plaintiff in a
medical malpractice action against his doctor. Without mentioning the doctor's name, the client
described the alleged acts of malpractice and said that they happened more than two years ago.
Only at that point did the potential client mention his doctor's name. The attorney immediately
stopped the potential client and said she could not represent him because she was already
representing the doctor in an unrelated matter, and she urged him to consult another lawyer. That
was the end of the conversation. The potential client did nothing further for 15 months, at which
point he consulted another lawyer. By that time, the statute of limitations had run on the potential
client's claim against the doctor. The potential client then sued the first attorney for legal
malpractice, alleging that the attorney was negligent in not warn - CORRECT ANSWER - A
A client hired an attorney to do the legal work in connection with a complex public securities
offering. The attorney agreed to do the work for a set hourly fee. The attorney did a great deal of
legal research, prepared numerous memoranda of fact and law, and drafted most of the
documents needed for the public offering. At that point, the client became angry with the
attorney for no apparent reason and fired him. The client paid the attorney at the agreed rate for
the work the attorney had done and demanded that the attorney turn over to him the papers that
the attorney had prepared, including the legal and fact memoranda and the document drafts.
What papers must the attorney turn over to the client?
AOnly the document drafts, but not the legal and fact memoranda.
BOnly the legal and fact memoranda, but not the document drafts.
CNone of the papers, because the client fired the attorney.
Correct
DAll of the papers, e - CORRECT ANSWER -D
CORRECT Answers
An attorney was appointed by the court to defend a client at his criminal trial for second degree
murder. The attorney started interviewing potential witnesses. When she interviewed the client's
landlord, the landlord said that on the night of the murder, the client came home very late and
was wearing a shirt covered with blood. The landlord died before trial without speaking to state
authorities.
Which of the following best states what the attorney should do with respect to the information
she has learned from the landlord?
AThe attorney should voluntarily reveal the information to the prosecutor prior to trial because
the death of the landlord has made it impossible for the prosecutor to obtain the information in
any other way.
BThe attorney should urge the client to allow her to reveal the information to the prosecutor, and
if the client refuses, the attorney should withdraw.
CThe attorney should keep the informa - CORRECT ANSWER - DThe attorney should use
her own best judgment about how to treat the information; it is neither prThe attorney should
keep the information in confidence unless the client authorizes her to reveal it, even though the
death of the landlord has made it impossible for the prosecutor to obtain the information other
than from the attorney. The attorney obtained this information from the landlord in the course of
representing her client; therefore, it is subject to the attorney's duty of confidentiality. Absent the
consent of the client, a lawyer must not reveal any information relating to the representation of
the client. [ABA Model Rule 1.6] (A) is incorrect because a lawyer has no ethical obligation to
reveal harmful facts, and, in fact, may be disciplined for doing so. (B) is incorrect because, as
noted above, there is no duty to reveal this information; thus, there is no obligation to urge the
client to reveal the information or withdraw. (D) is incorrect because this information is
confidential. The ethical duty of confidentiality covers more kinds of information than the
attorney-client privilege, which covers only confidential communications between the lawyer
and client. The ethical duty of confidentiality covers any information the lawyer obtains relating
to the representation of the client, no matter what the source of the information.
A judge sits on a federal appellate court. He and two other federal judges heard a diversity of
citizenship case in which they were required to interpret a state statute concerning the marital
communications privilege. The judge's two colleagues wrote the majority opinion, in which they
concluded that the statute gives only the witness-spouse the right to claim the privilege. The
judge wrote a vigorous and scholarly dissent, arguing that the statute gives both spouses the right
to claim the privilege.
,Later, a state senator introduced a bill to amend the statute to reflect the judge's position. The
state senate invited the judge to testify about the public policy reasons for giving both spouses
the right to claim the privilege.
May the judge testify?
AYes, but only if the two judges who wrote the majority opinion are also allowed to testify.
BYes, because a judge may engage in activities designed to improve the law. - CORRECT
ANSWER - B
The judge may testify at a public hearing in connection with matters concerning the law. [CJC
Rule 3.2(A)] (A) is wrong because there is no rule requiring "equal time." (C) is wrong because
it is overbroad. The general rule against judicial involvement in politics limits only some types of
political activities, not including legislative testimony. [CJC Canon 4] (D) is wrong because,
with respect to issues that are likely to come before the court, a judge is prohibited from making
pledges, promises, or commitments that are inconsistent with the impartial performance of his
duties. [CJC Rule 4.1(A)(13)] That Rule does not apply here because the judge's testimony,
which would be designed to improve the law, would not constitute a promise that is inconsistent
with the performance of his adjudicative duties.
A full-time judge lives in State A. Her father lives in a retirement home in State B. The judge's
father told her that several of his friends in the retirement home had employed an attorney to
write wills for them, and that in each will the attorney had included a bequest to himself. Each
bequest was approximately 50% of the estimated total value of the person's probable estate. The
friends told the judge's father that they did not really want to leave the attorney anything, but
they had assumed it was merely a matter of routine, a part of the attorney's compensation for
drafting the will. The attorney is admitted to practice in State B, but not in State A. The judge did
not talk personally with any of her father's friends, but she believes that her father's rendition of
the story is entirely accurate.
Would it be proper for the judge to communicate directly with the attorney about the matter, and
if that does not sa - CORRECT ANSWER - A
A young attorney, three years out of law school, had never set foot in a courtroom. The attorney
was on the board of directors of a nonprofit preschool. One of the preschool's teachers was
charged with felony child abuse for allegedly molesting three pupils. After conducting its own
careful investigation, the preschool's board of directors concluded that the criminal charge was
totally unfounded, and the board resolved to provide defense counsel for the teacher. The young
attorney volunteered to do the work without a fee. A few days before the trial was to begin, the
,attorney became convinced that he was not competent to serve as the teacher's trial counsel. He
asked the trial judge for permission to withdraw. After thoroughly questioning the attorney about
his preparation for trial, the judge said that while he understood the attorney's anxiety, he
believed that the attorney was perfectly competent to handle the cas - CORRECT ANSWER -
A
An attorney represented a defendant in a criminal trial. After the jury returned a guilty verdict,
the defendant was taken to jail and the jury was discharged. While walking to his car, the
disappointed attorney spotted one of the courtroom spectators in the parking lot. The attorney
recalled that the spectator had been a member of the jury pool, but he had exercised a peremptory
challenge against her because he instinctively felt that she would vote against the defendant.
Despite not being selected as a juror, the spectator developed an interest in the case and had
attended the entire trial.
In an attempt to determine whether his instinct during jury selection was correct, the attorney
approached the spectator and asked her whether she would have voted to convict the defendant.
The spectator said, "I'd rather not talk about it." When the attorney explained that he was simply
looking for constructive feedback, the sp - CORRECT ANSWER - A
The attorney is subject to discipline because the spectator initially declined the attorney's request
for an interview. ABA Model Rule 3.5(c) provides that after the trial is over and the jury is
discharged, a lawyer must not communicate with a former juror or prospective juror if any of the
following conditions is met: (1) local law or a court order prohibits such communication; (2) the
juror has told the lawyer that she does not want to communicate; or (3) the communication
involves misrepresentation, coercion, duress, or harassment. Here, the attorney violated the
second condition-he persisted with his interview request after the spectator said that she did not
want to talk with him. (C) is incorrect. Even though the communication did not involve coercion,
duress, or harassment, the attorney still spoke with the spectator after she declined his request,
violating the rule. (D) is incorrect because ABA Model Rule 3.5(c) applies to all jurors and even
prospective jurors. (B) is too broad. There is no blanket prohibition regarding post-trial contact
with jurors and prospective jurors. Rather, such communications are subject to conditions, and
the attorney violated one of these conditions.
An attorney assigned his secretary to manage his client trust account. The attorney gave the
secretary extensive, detailed instructions about the kinds of records to keep, the kinds of funds
that she must deposit, and the kinds of permissible withdrawals that she could make. The
attorney had complete faith in the secretary's ability and honesty, and therefore did not supervise
the secretary's management of the account. Three years later, during an audit, it was discovered
that on 18 different occasions during that period, the account balance fell below the amount that
should have been there. The attorney was unaware of these occasions until he received a copy of
the audit.
, Is the attorney subject to discipline?
AYes, because he did not adequately supervise the secretary.
BYes, because a lawyer must manage his client trust account himself.
CNo, because he took reasonable steps to train the secretary and did not reali - CORRECT
ANSWER - A
A potential client consulted an attorney, hoping to hire her to represent him as plaintiff in a
medical malpractice action against his doctor. Without mentioning the doctor's name, the client
described the alleged acts of malpractice and said that they happened more than two years ago.
Only at that point did the potential client mention his doctor's name. The attorney immediately
stopped the potential client and said she could not represent him because she was already
representing the doctor in an unrelated matter, and she urged him to consult another lawyer. That
was the end of the conversation. The potential client did nothing further for 15 months, at which
point he consulted another lawyer. By that time, the statute of limitations had run on the potential
client's claim against the doctor. The potential client then sued the first attorney for legal
malpractice, alleging that the attorney was negligent in not warn - CORRECT ANSWER - A
A client hired an attorney to do the legal work in connection with a complex public securities
offering. The attorney agreed to do the work for a set hourly fee. The attorney did a great deal of
legal research, prepared numerous memoranda of fact and law, and drafted most of the
documents needed for the public offering. At that point, the client became angry with the
attorney for no apparent reason and fired him. The client paid the attorney at the agreed rate for
the work the attorney had done and demanded that the attorney turn over to him the papers that
the attorney had prepared, including the legal and fact memoranda and the document drafts.
What papers must the attorney turn over to the client?
AOnly the document drafts, but not the legal and fact memoranda.
BOnly the legal and fact memoranda, but not the document drafts.
CNone of the papers, because the client fired the attorney.
Correct
DAll of the papers, e - CORRECT ANSWER -D
