MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
1. Power to regu- State's Highest Court
late the legal pro- -Adopts ethical rules
fession -Enforces through disciplinary commission or bar association
Congress and State Legislatures
-Have enacted laws that govern certain aspects of law practice (e.g., attorney
client privilege).
2. Admission to Must be *rationally related* to the practice of law, e.g.:
the legal pro-
1. Graduation from accredited law school
fession:
2. Oath to uphold the constitution
ADMIS- SION
3. Good moral character
REQUIRE-
MENTS (8.1)
1. Citizenship
3. NOT Rational
Ad- mission 2. Residency (of state seeking admission)
Require-
ments to legal
profession
1. Cannot knowingly make *false statements* of material fact
4. Duty to 2. Must *respond* to all requests for information
cooper- ate
with charac-
ter investigations 3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
5. Admission to constitutes professional mis- conduct?
le- gal
profession: Ef-
fect of Criminal
Acts and Other
Misconduct
6. What
1/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
To result in rejection, the
misconduct must involve *moral
turpitude*:
i. Crimes involving
intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral
turpitude even if not crime
-Violating the RPC
-Attempting to violate the RPC
2/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
11. When Reporting Profession Mis- conduct Is
NOT Mandatory
7. What
constitutes
professional
mis- conduct?:
Com- mitting
certain crimes
8. What
constitutes
professional
mis- conduct?:
Com- mitting
certain acts
9. What
constitutes
professional
mis- conduct?:
Ha- rassment
or Dis-
crimination in
Law Practice
10. When
Report- ing
Profession
Misconduct
IS
Mandatory
3/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
-Helping someone else violate
the RPC
-Using someone else to violate
the RPC -No harassment or discrimination based on race, sex, religion,
national origin, ethnicity, age, sexual orientation, gender identity, marital
rimes relevant to honesty,
status, or socioeconomic status.
trustworthiness, or fitness
-Does not attect ability to accept, decline, or withdraw from a case (need
(relevant to practice of law)
other proof of discrimination)
Ex. substantial interference
-Trying to promote diversity is not a violation
w/ administration of justice
Violation raises *substantial* question as to lawyer's *honesty,
trustworthiness*, or *fitness* to practice. (e.g., cheating on taxes,
dipping into client funds, destroy- ing evidence)
Note: Duty to report applies to judge's substantial violations of Code of
cts of dishonesty, fraud,
Judicial Conduct
deceit, or
misrepresentation (ex. 1. Question raised was not substantial (e.g., conflicts of interest,
plagiarism, cheating on advertising)
bar exam) 2. Suspect violation, but don't know
Note: Same exceptions apply to judge's violations
4/
70
ANSWERS.
1. Power to regu- State's Highest Court
late the legal pro- -Adopts ethical rules
fession -Enforces through disciplinary commission or bar association
Congress and State Legislatures
-Have enacted laws that govern certain aspects of law practice (e.g., attorney
client privilege).
2. Admission to Must be *rationally related* to the practice of law, e.g.:
the legal pro-
1. Graduation from accredited law school
fession:
2. Oath to uphold the constitution
ADMIS- SION
3. Good moral character
REQUIRE-
MENTS (8.1)
1. Citizenship
3. NOT Rational
Ad- mission 2. Residency (of state seeking admission)
Require-
ments to legal
profession
1. Cannot knowingly make *false statements* of material fact
4. Duty to 2. Must *respond* to all requests for information
cooper- ate
with charac-
ter investigations 3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
5. Admission to constitutes professional mis- conduct?
le- gal
profession: Ef-
fect of Criminal
Acts and Other
Misconduct
6. What
1/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
To result in rejection, the
misconduct must involve *moral
turpitude*:
i. Crimes involving
intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral
turpitude even if not crime
-Violating the RPC
-Attempting to violate the RPC
2/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
11. When Reporting Profession Mis- conduct Is
NOT Mandatory
7. What
constitutes
professional
mis- conduct?:
Com- mitting
certain crimes
8. What
constitutes
professional
mis- conduct?:
Com- mitting
certain acts
9. What
constitutes
professional
mis- conduct?:
Ha- rassment
or Dis-
crimination in
Law Practice
10. When
Report- ing
Profession
Misconduct
IS
Mandatory
3/
70
, MPRE WRITTEN EXAM QUESTIONS AND
ANSWERS.
-Helping someone else violate
the RPC
-Using someone else to violate
the RPC -No harassment or discrimination based on race, sex, religion,
national origin, ethnicity, age, sexual orientation, gender identity, marital
rimes relevant to honesty,
status, or socioeconomic status.
trustworthiness, or fitness
-Does not attect ability to accept, decline, or withdraw from a case (need
(relevant to practice of law)
other proof of discrimination)
Ex. substantial interference
-Trying to promote diversity is not a violation
w/ administration of justice
Violation raises *substantial* question as to lawyer's *honesty,
trustworthiness*, or *fitness* to practice. (e.g., cheating on taxes,
dipping into client funds, destroy- ing evidence)
Note: Duty to report applies to judge's substantial violations of Code of
cts of dishonesty, fraud,
Judicial Conduct
deceit, or
misrepresentation (ex. 1. Question raised was not substantial (e.g., conflicts of interest,
plagiarism, cheating on advertising)
bar exam) 2. Suspect violation, but don't know
Note: Same exceptions apply to judge's violations
4/
70
