MPRE FINAL EXAM STUDY GUIDE TEST.
1. U.S. Supreme
Graduation from an ABA accredited law school (Not required
Court says
state though) Refusal to take an oath to uphold US/State constitution.
requirements
for admission Not
to bar need to Rational:
be ra- tionally US
related to the Citizenship
practice of Residen
cy
law.
What is
rationally
related?
What is NOT
ra- tional?
2. Lawyer self Must report what you know unless protected under secret or
regu- lation.
confidence. Must be available to testify against that lawyer (no
What MUST you
do when you anonymous tips).
know of a
viola- tion? (2)
3. Does
committing a
crime by it- Not unless the crime is relevant to the practice of law (a one time DUI is not
self warrant enough).
disci- pline?
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.
, MPRE FINAL EXAM STUDY GUIDE TEST.
No statute of limitations
4. The supervisor knew of misconduct at a time when consequences can
be avoided or mitigated and the lawyer didn't do anything about it and
the lawyer fails to take
, MPRE FINAL EXAM STUDY GUIDE TEST.
Supervisor re- reasonable remedial action.
sponsible for acts OR
of subordinate General Rule?
if:
5. If you're a
sub-
ordinate,
you're not
8.
responsible
for your acts
if:
6. Unauthorized
practice of
law; The
following
activities
require a
license (and
constitute the
"practice of
law").
What
activities
don't need a
li- cense?
7. Fee division
with a non
lawyer,
, MPRE FINAL EXAM STUDY GUIDE TEST.
if the violation raises a neral Rule: Don't do it
substantial question of
character and the supervisor Exceptions:
either ordered or ratified
the conduct. 1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or
1) you were told to do it bonus plans
2) its at least arguable
that what you did you Also: Lawyer may share court-awarded legal fees with a nonprofit
thought was okay to do. organization that employed, retained or recommended employment of
the lawyer in the matter.
1) appearing in court or
depositions
2) drafting legal
documents that attect
substantial client rights (ok
if lawyer signs ott)
3) Negotiate
settlements
These activities don't need
a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
G
e
1. U.S. Supreme
Graduation from an ABA accredited law school (Not required
Court says
state though) Refusal to take an oath to uphold US/State constitution.
requirements
for admission Not
to bar need to Rational:
be ra- tionally US
related to the Citizenship
practice of Residen
cy
law.
What is
rationally
related?
What is NOT
ra- tional?
2. Lawyer self Must report what you know unless protected under secret or
regu- lation.
confidence. Must be available to testify against that lawyer (no
What MUST you
do when you anonymous tips).
know of a
viola- tion? (2)
3. Does
committing a
crime by it- Not unless the crime is relevant to the practice of law (a one time DUI is not
self warrant enough).
disci- pline?
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.
, MPRE FINAL EXAM STUDY GUIDE TEST.
No statute of limitations
4. The supervisor knew of misconduct at a time when consequences can
be avoided or mitigated and the lawyer didn't do anything about it and
the lawyer fails to take
, MPRE FINAL EXAM STUDY GUIDE TEST.
Supervisor re- reasonable remedial action.
sponsible for acts OR
of subordinate General Rule?
if:
5. If you're a
sub-
ordinate,
you're not
8.
responsible
for your acts
if:
6. Unauthorized
practice of
law; The
following
activities
require a
license (and
constitute the
"practice of
law").
What
activities
don't need a
li- cense?
7. Fee division
with a non
lawyer,
, MPRE FINAL EXAM STUDY GUIDE TEST.
if the violation raises a neral Rule: Don't do it
substantial question of
character and the supervisor Exceptions:
either ordered or ratified
the conduct. 1) heirs of deceased attorney
2) Employees in the form of salaries and as a part of a pension or
1) you were told to do it bonus plans
2) its at least arguable
that what you did you Also: Lawyer may share court-awarded legal fees with a nonprofit
thought was okay to do. organization that employed, retained or recommended employment of
the lawyer in the matter.
1) appearing in court or
depositions
2) drafting legal
documents that attect
substantial client rights (ok
if lawyer signs ott)
3) Negotiate
settlements
These activities don't need
a license:
1) Interview people
2) Fill out forms
3) Draft legal memos
G
e
