MPRE 2025 Exam Questions and
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 - --Answer --DThe attorney should
use her own best judgment about how to treat the information; it is neither prThe
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,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. - --
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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, 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 - --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,
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
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 - --Answer --DThe attorney should
use her own best judgment about how to treat the information; it is neither prThe
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,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. - --
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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, 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 - --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,
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
