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Exam (elaborations)

MPRE Exam

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The Multistate Professional Responsibility Examination (MPRE) is a two-hour, 60-question multiple-choice exam administered by the NCBE. It tests candidates on legal ethics and the professional conduct standards governing lawyers as outlined by the ABA Model Rules of Professional Conduct. Required for bar admission in most U.S. jurisdictions, the MPRE ensures law professionals understand their ethical responsibilities and can uphold the integrity of the legal profession.

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MPRE Exam
Question 1. Which of the following best describes the inherent authority of courts to regulate the
practice of law?
A) Authority granted solely by legislative statutes
B) Authority derived from the judiciary's constitutional powers
C) Authority based on the bar association’s rules
D) Authority conferred by the federal government
Answer: B
Explanation: Courts have inherent authority rooted in their constitutional powers to regulate the
practice of law to ensure the integrity of the judicial process and uphold the administration of
justice.

Question 2. Which requirement is typically considered during the character and fitness review for
bar admission?
A) The applicant’s financial history only
B) The applicant’s criminal record, honesty, and integrity
C) The applicant’s political beliefs
D) The applicant’s prior employment history only
Answer: B
Explanation: Character and fitness evaluations focus on an applicant’s honesty, integrity, criminal
background, and overall moral character to determine their suitability for practicing law.

Question 3. Which of the following is a common ground for lawyer discipline?
A) Filing frivolous lawsuits
B) Practicing law without a license
C) Making a mistake in legal advice
D) Having a conflict of interest with a client
Answer: B
Explanation: Practicing law without a license is a clear ground for discipline because it violates
licensing statutes and ethical rules governing the practice of law.

Question 4. Under the duty of mandatory reporting, a lawyer must report which of the following?
A) A fellow lawyer’s minor ethical violation
B) A judge’s misconduct that raises substantial questions about integrity
C) A client's dissatisfaction with legal fees
D) A client’s failure to pay fees
Answer: B
Explanation: Lawyers have an obligation to report judicial misconduct that raises substantial
questions about integrity or fitness to serve, to maintain the integrity of the legal system.

Question 5. Which activity constitutes the unauthorized practice of law?
A) Giving legal advice to a client without a license
B) Drafting a will as a nonlawyer
C) Assisting a client with legal research
D) Representing oneself in court
Answer: A
Explanation: Giving legal advice without a license or engaging in activities that require a license
constitutes unauthorized practice of law, which is prohibited.

, MPRE Exam
Question 6. Which rule governs the multijurisdictional practice of lawyers?
A) The local state’s rules only
B) The ABA Model Rules of Professional Conduct
C) Federal law exclusively
D) The rules of each jurisdiction where the lawyer practices
Answer: B
Explanation: The ABA Model Rules provide guidance on multijurisdictional practice, often
supplemented by local rules, to balance the lawyer’s ability to practice across state lines with client
protection.

Question 7. Is a lawyer permitted to divide legal fees with a nonlawyer?
A) Yes, always
B) No, never
C) Yes, if the division is proportionate to the services performed and disclosed
D) Only if the nonlawyer is a family member
Answer: C
Explanation: Fee division with a nonlawyer is permitted only if it is proportional to the services
rendered, fully disclosed, and the client agrees.

Question 8. Which of the following organizational structures is considered ethically appropriate for
law practice?
A) Sole proprietorship only
B) Partnership, professional corporation, or LLC
C) Nonprofit organization only
D) Any business structure without restrictions
Answer: B
Explanation: Lawyers may practice in various organizational forms such as partnerships, professional
corporations, and LLCs, provided ethical obligations are met.

Question 9. Which is an ethical obligation of a partner in a law firm?
A) Supervising subordinate lawyers only
B) Ensuring the firm complies with ethical standards and supervising subordinate lawyers’ conduct
C) Avoiding involvement in firm management
D) Delegating all responsibilities to junior staff
Answer: B
Explanation: Partners have an obligation to supervise subordinate lawyers and ensure the firm’s
overall compliance with ethical standards.

Question 10. In which circumstance may a lawyer’s right to practice be restricted?
A) When the lawyer is under investigation
B) When the lawyer has a non-compete agreement in employment
C) When the lawyer is disbarred or suspended
D) When the lawyer has a pending client matter
Answer: C
Explanation: Disbarment or suspension results in a lawyer’s right to practice being restricted or
revoked.

Question 11. How is a client-lawyer relationship generally formed?
A) Only through written agreement

, MPRE Exam
B) Through explicit agreement or implied conduct indicating acceptance
C) Only when the lawyer accepts a fee
D) When the lawyer is appointed by the court
Answer: B
Explanation: The relationship can be formed explicitly via agreement or implicitly through conduct
indicating acceptance of representation.

Question 12. What primarily determines the scope and objectives of a legal representation?
A) The lawyer’s discretion only
B) The client’s instructions and the scope of the engagement
C) The court’s order
D) The firm’s policies
Answer: B
Explanation: The client’s instructions and the scope of the engagement generally determine the
objectives and means of the representation.

Question 13. Which statement best describes a lawyer’s actual authority in representing a client?
A) Authority perceived by third parties
B) Authority explicitly granted by the client
C) Authority assumed by the lawyer without client consent
D) Authority granted by the court
Answer: B
Explanation: Actual authority is explicitly granted by the client, which the lawyer can exercise in
representing the client.

Question 14. Which duty does a lawyer have when advising within the bounds of the law?
A) To assist clients in criminal or fraudulent conduct
B) To advise clients to break the law if profitable
C) To counsel clients within legal limits and avoid assisting criminal conduct
D) To remain silent about illegal actions
Answer: C
Explanation: Lawyers must advise and assist clients within the law and cannot facilitate or assist
criminal or fraudulent conduct.

Question 15. When is a lawyer generally permitted to withdraw from a client’s case?
A) At any time without notice
B) When the lawyer is discharged or for good cause, after providing reasonable notice
C) Only when the case is concluded
D) When the lawyer disagrees with the client’s goals
Answer: B
Explanation: Permissive withdrawal is allowed for good cause, but the lawyer must provide
reasonable notice and take steps to protect the client’s interests.

Question 16. Which element is essential for a valid fee agreement?
A) A written contract
B) Clear communication of the scope and fee structure
C) A court approval
D) An affidavit signed by the client
Answer: B

, MPRE Exam
Explanation: While some fee agreements must be in writing, at minimum, they should clearly specify
the scope, fee, and terms of the representation.

Question 17. What is the lawyer’s duty regarding communication with the client?
A) To communicate only when requested
B) To keep the client reasonably informed about the status of the case
C) To disclose all confidential information
D) To communicate exclusively via email
Answer: B
Explanation: Lawyers have an obligation to keep clients reasonably informed about significant
developments and respond to reasonable requests.

Question 18. Which factor is relevant when determining if a legal fee is reasonable?
A) The lawyer’s experience and reputation
B) The complexity of the case and customary fees in the locality
C) The amount the client can pay
D) The lawyer’s personal financial needs
Answer: B
Explanation: Reasonableness depends on factors like the complexity of the matter, the skill required,
and customary local rates.

Question 19. Which privilege protects confidential communications between a client and an
attorney made for the purpose of seeking legal advice?
A) Work-product doctrine
B) Attorney-client privilege
C) Spousal privilege
D) Public records privilege
Answer: B
Explanation: The attorney-client privilege protects confidential communications made for the
purpose of seeking legal advice.

Question 20. What does the work-product doctrine generally protect?
A) Confidential client communications
B) Documents prepared in anticipation of litigation
C) Evidence obtained illegally
D) Publicly available information
Answer: B
Explanation: The work-product doctrine shields materials prepared in anticipation of litigation from
discovery to preserve the adversarial process.

Question 21. Which of the following is a broad ethical obligation of a lawyer regarding
confidentiality?
A) To disclose all client information to the public
B) To maintain the confidentiality of all information relating to the client’s representation
C) To share client details with colleagues without consent
D) To disclose client information when it benefits the lawyer
Answer: B
Explanation: Lawyers must protect all information relating to the representation unless an exception
applies.

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