500 MPRE Questions | Part 2 Correctly Answered.
1. 275. Two clients, an entrepreneur and a venture a) In this litigation,
capi- talist, jointly consulted an attorney about
establishing a business. The two clients had not the memorandum
yet agreed on from the entrepreneur
the confidentiality of their separate to his previ- ous
communications with the attorney. The
entrepreneur later sent the at- torney a attorney is not privi-
confidential memorandum outlining his own leged and is therefore
proposed business arrangement. The venture dis- coverable.
capital- ist knew that the entrepreneur had sent
the mem- orandum but did not know its contents.
Eventually, the joint representation ended. Two
years later, the venture capitalist filed suit
against the entrepreneur to recover damages
arising out of the failed business venture. Each
hired a new lawyer for the litigation.
The venture capitalist then requested a copy of the
memorandum during discovery, and the
entrepreneur responded that this was a privileged
communication. The entrepreneur asserted that
the venture capitalist never knew the contents of
the letter during the joint representation, so he
had waived his right to this item. How should the
court rule on this discovery issue?
a) In this litigation, the memorandum from the
entre- preneur to his previous attorney is not
privileged and is therefore discoverable.
b) In this litigation, the memorandum from the
entre- preneur to his previous attorney is
privileged and is therefore not discoverable.
c) The venture capitalist would need to show
hardship and that the document is necessary to
obtain it in discovery.
d) The memorandum is discoverable but not
admissi- ble at trial.
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, 500 MPRE Questions | Part 2 Correctly Answered.
2. 276. An attorney drafted a confidential email to a client c)Neither the
attorney nor
offering legal advice on a tax matter. The client the client would
had sought the attorney's legal opinion on the have to disclose or
question.
testify about
The attorney's answer relied partly on information that any of its contents.
the client had provided, partly on information the
at- torney himself obtained from third parties, and
part- ly on the attorney's own legal research on
Westlaw.
When the IRS later brought an enforcement
action against the client, the government lawyers
sought dis- cover of this email, hoping to find
useful evidence about the defendant's financial
activities and whether the defendant had
knowingly violated the tax code.
Can the government lawyers obtain the email
through discovery?
a) The portions of the email relying on
information from third parties is discoverable,
but the parts rely- ing on the client's information
or the attorney's own research are privileged.
b) Both the attorney and the client would have
to dis- close the email or testify its contents.
c) Neither the attorney nor the client would
have to disclose or testify about any of its
contents.
d) The client does not have to disclose the email,
but the attorney would have to produce it if he
still has it.
3. 277. A client kept in his files an old memorandum that a) Yes, privilege still
ap-
the client had prepared for his attorney during an ear- plies to the
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58
, 500 MPRE Questions | Part 2 Correctly Answered.
document
lier representation by the attorney. After some time, due
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, 500 MPRE Questions | Part
2
the client takes the memorandum to another lawyer, in to its originally
privileged
confidence, to obtain legal services on a different mat- nature.
ter. The memorandum qualified as a privileged com-
munication in the earlier matter. While in the hands of
the new lawyer, does the memorandum remain
under the protection of privilege?
a) Yes, privilege still applies to the document
due to its originally privileged nature.
b) Yes, because once privilege attaches to
a document, it remains privileged
permanently.
c) No, the client waived privilege by showing
it to another lawyer.
d) No, the privilege for the communication with
the first attorney ended when the client switched
to anoth- er lawyer.
4. 278. A client confidentially delivered his own b) No, the records
business records to his attorney, who specializes
in tax mat- ters, to obtain the attorney's legal gain no privileged
adviceabout taxes. The business records were status by the fact
routine bookkeeping files, not prepared for that the client deliv-
obtaining legal advice. When the IRS eventually
brought an enforcement action against the client ered them to the
and sought production of the business records attorney to obtain
that the client had provided to the attorney, the legal advice.
attor- ney asserted that attorney-client privileged
protected them from disclosure. Is the attorney
correct?
a) Yes, the records gain privileged status by
the fact that the client delivered them privately
to the attorney to obtain legal advice.
b) No, the records gain no privileged status by the
1. 275. Two clients, an entrepreneur and a venture a) In this litigation,
capi- talist, jointly consulted an attorney about
establishing a business. The two clients had not the memorandum
yet agreed on from the entrepreneur
the confidentiality of their separate to his previ- ous
communications with the attorney. The
entrepreneur later sent the at- torney a attorney is not privi-
confidential memorandum outlining his own leged and is therefore
proposed business arrangement. The venture dis- coverable.
capital- ist knew that the entrepreneur had sent
the mem- orandum but did not know its contents.
Eventually, the joint representation ended. Two
years later, the venture capitalist filed suit
against the entrepreneur to recover damages
arising out of the failed business venture. Each
hired a new lawyer for the litigation.
The venture capitalist then requested a copy of the
memorandum during discovery, and the
entrepreneur responded that this was a privileged
communication. The entrepreneur asserted that
the venture capitalist never knew the contents of
the letter during the joint representation, so he
had waived his right to this item. How should the
court rule on this discovery issue?
a) In this litigation, the memorandum from the
entre- preneur to his previous attorney is not
privileged and is therefore discoverable.
b) In this litigation, the memorandum from the
entre- preneur to his previous attorney is
privileged and is therefore not discoverable.
c) The venture capitalist would need to show
hardship and that the document is necessary to
obtain it in discovery.
d) The memorandum is discoverable but not
admissi- ble at trial.
1/
58
, 500 MPRE Questions | Part 2 Correctly Answered.
2. 276. An attorney drafted a confidential email to a client c)Neither the
attorney nor
offering legal advice on a tax matter. The client the client would
had sought the attorney's legal opinion on the have to disclose or
question.
testify about
The attorney's answer relied partly on information that any of its contents.
the client had provided, partly on information the
at- torney himself obtained from third parties, and
part- ly on the attorney's own legal research on
Westlaw.
When the IRS later brought an enforcement
action against the client, the government lawyers
sought dis- cover of this email, hoping to find
useful evidence about the defendant's financial
activities and whether the defendant had
knowingly violated the tax code.
Can the government lawyers obtain the email
through discovery?
a) The portions of the email relying on
information from third parties is discoverable,
but the parts rely- ing on the client's information
or the attorney's own research are privileged.
b) Both the attorney and the client would have
to dis- close the email or testify its contents.
c) Neither the attorney nor the client would
have to disclose or testify about any of its
contents.
d) The client does not have to disclose the email,
but the attorney would have to produce it if he
still has it.
3. 277. A client kept in his files an old memorandum that a) Yes, privilege still
ap-
the client had prepared for his attorney during an ear- plies to the
2/
58
, 500 MPRE Questions | Part 2 Correctly Answered.
document
lier representation by the attorney. After some time, due
3/
58
, 500 MPRE Questions | Part
2
the client takes the memorandum to another lawyer, in to its originally
privileged
confidence, to obtain legal services on a different mat- nature.
ter. The memorandum qualified as a privileged com-
munication in the earlier matter. While in the hands of
the new lawyer, does the memorandum remain
under the protection of privilege?
a) Yes, privilege still applies to the document
due to its originally privileged nature.
b) Yes, because once privilege attaches to
a document, it remains privileged
permanently.
c) No, the client waived privilege by showing
it to another lawyer.
d) No, the privilege for the communication with
the first attorney ended when the client switched
to anoth- er lawyer.
4. 278. A client confidentially delivered his own b) No, the records
business records to his attorney, who specializes
in tax mat- ters, to obtain the attorney's legal gain no privileged
adviceabout taxes. The business records were status by the fact
routine bookkeeping files, not prepared for that the client deliv-
obtaining legal advice. When the IRS eventually
brought an enforcement action against the client ered them to the
and sought production of the business records attorney to obtain
that the client had provided to the attorney, the legal advice.
attor- ney asserted that attorney-client privileged
protected them from disclosure. Is the attorney
correct?
a) Yes, the records gain privileged status by
the fact that the client delivered them privately
to the attorney to obtain legal advice.
b) No, the records gain no privileged status by the
