BARBRI - MPRE EXAM QUESTIONS WITH ANSWERS
State Requirments for admission to the Bar - Answer -Supreme Court says they must
be *RATIONALLY RELATED* to the practice of law;
-State/US citizenship NOT ok
-Office in state YES ok
-graduation from ABA accredited law school YES ok
-take an oath to uphold constitution YES ok
Client consent to incompetent representation - Answer -NOT allowed
Lawyer's participation in a legal-reform organization - Answer -OK, even if the
organization's activities could impact one of the lawyer's clients (either positively or
negatively).
If NEGATIVE, the lawyer need not say anything to the organization.
If POSITIVE, the lawyer need only disclose the fact that a client's interests may be
materially benefited, but does NOT need to disclose the client's identity.
Pro Bono Services - Answer -1. Free or reduced legal services to indigent clients
2. No expectation of collecting fee at the time the work was done
3. Unpaid activities for improving the law, legal system, and legal profession
Duty to prospective clients - Answer -A lawyer may *NOT* represent a client with
interests materially adverse to a prospective client
1. In the same or a substantially related matter AND
2. If the lawyer received information from the prospective client that could be
significantly harmful to the prospective client
Can a judge consult with other judges/court staff? - Answer -Yes, when the judge
makes reasonable efforts to avoid receiving factual information that is not part of the
record, *AND* does not abrogate the responsibility to personally decide the matter
May a judge consult a disinterested expert on law? - Answer -YES, as long as parties
have a reasonable opportunity to object/respond to the notice and to the advice
received.
Lawyer's personal opinion during litigation - Answer -Lawyer should NOT interject his
personal opinion during a litigation;
This includes personal beliefs that a client is innocent or that a witness is telling the truth
or lying
Soliciting Gifts/Drafting Wills - Answer -Lawyer may NOT solicit or prepare a will that
gives a substantial gift to the attorney or person related to the attorney UNLESS it is a
,family member. In that case, a lawyer MAY solicit and prepare a will that gives the
attorney a substantial gift.
In-Person Solicitation - Answer -No in-person solicitation somebody who you know
needs legal help, EXCEPT
1) when money is NOT the motive (publicity, changing the law)
2) certain groups
---relatives,
---close friends,
---prior business relationships,
---other lawyers,
---routine business users of this type of legal services
Judges and practice of law - Answer -should not happen, other than part-time judges,
or a judge acting as his own lawyer (pro se); also should not act as an executor,
administrator, or trustee except for family members
CAN offer advice and draft and review documents for family members, but CANNOT act
as a family member's lawyer
Judge acting as administrator - Answer -Should NOT happen, other than for *family*;
even then, but not interfere with judge's impartiality
Factors to consider for reasonableness of a fee - Answer -1. required time and labor
2. preclusion from future cases
3. fee charged in the area for similar services
4. amount involved and results obtained
5. time limitations imposed by client or circumstances
6. nature and length of the professional relationship with client
7. experience, reputation, and ability of lawyer
8. whether fee is fixed or contingent
Rule of Confidentiality when lawyer violates an ethics rules and seeks legal advice from
an ethics lawyer - Answer -If the lawyer is seeking legal advice, than the ethics lawyer
owes duty of confidentiality;
Must only rat when you find out about another lawyer's infractions, but NOT if you find
out from that lawyer seeking legal advice
Requirement of Lawyers who are already admitted regarding Bar applicants - Answer -
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Must NOT *knowingly* make any *material* false statement (e.g. accidentally mixing up
dates of employment not fatal)
, What must you do if you know a lawyer or judge has violated rules of professional
misconduct? - Answer -*Mandatory Disclosure*: A lawyer who knows that another
lawyer has violated the Rules of Professional Misconduct in such a way that it raises a
*substantial question* as to that lawyer's honesty, trustworthiness, or fitness as a lawyer
*MUST* report the violation to the appropriate professional authority.
If you SUSPECT a violation has occured you... - Answer -MAY report it.
Activities that require law license - Answer -This constitutes the practice of law:
1. Court Appearances and Depositions (except clinicals)
2. Drafting Legal Documents
3. Conducting Settlements
*EXAMPLES*
-appearing in judicial proceedings;
-engaging in settlement negotiations;
-drafting documents that affect substantial legal rights --or obligations (e.g., contracts,
wills, trusts).
-Preparing an estate plan
Activities that do NOT require a license - Answer -1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ex Parte Communication (judicial conduct) - Answer -Not allowed, UNLESS:
1) scheduling, administrative, or emergency purposes which does not address
substantive matters;
2) judge rx believes no party will gain an advantage
3) judge promptly notifies all parties and gives them opportunity to respond
If judge inadvertently receives unauthorized ex parte communication, judge must
promptly notify all parties and give them an opportunity to respond.
Judge seeking expert advice on law - Answer -OK to obtain the written advice of a
disinterested expert on law, as long as parties have a rx opportunity to object/respond to
the notice and to the advice received
Judge membership in discriminatory organization - Answer -NOT allowed; also cannot
use benefits or facilities of organization, unless it is ISOLATED and cannot be rx
believed to be an endorsement
Judge (in jury case) personally investigating scene - Answer -NOT ALLOWED; must
only consider facts in record
Judge Disqualification (7) - Answer -"P-FIB"
P- Participated previously in the matter
F- Family relationship to a party
State Requirments for admission to the Bar - Answer -Supreme Court says they must
be *RATIONALLY RELATED* to the practice of law;
-State/US citizenship NOT ok
-Office in state YES ok
-graduation from ABA accredited law school YES ok
-take an oath to uphold constitution YES ok
Client consent to incompetent representation - Answer -NOT allowed
Lawyer's participation in a legal-reform organization - Answer -OK, even if the
organization's activities could impact one of the lawyer's clients (either positively or
negatively).
If NEGATIVE, the lawyer need not say anything to the organization.
If POSITIVE, the lawyer need only disclose the fact that a client's interests may be
materially benefited, but does NOT need to disclose the client's identity.
Pro Bono Services - Answer -1. Free or reduced legal services to indigent clients
2. No expectation of collecting fee at the time the work was done
3. Unpaid activities for improving the law, legal system, and legal profession
Duty to prospective clients - Answer -A lawyer may *NOT* represent a client with
interests materially adverse to a prospective client
1. In the same or a substantially related matter AND
2. If the lawyer received information from the prospective client that could be
significantly harmful to the prospective client
Can a judge consult with other judges/court staff? - Answer -Yes, when the judge
makes reasonable efforts to avoid receiving factual information that is not part of the
record, *AND* does not abrogate the responsibility to personally decide the matter
May a judge consult a disinterested expert on law? - Answer -YES, as long as parties
have a reasonable opportunity to object/respond to the notice and to the advice
received.
Lawyer's personal opinion during litigation - Answer -Lawyer should NOT interject his
personal opinion during a litigation;
This includes personal beliefs that a client is innocent or that a witness is telling the truth
or lying
Soliciting Gifts/Drafting Wills - Answer -Lawyer may NOT solicit or prepare a will that
gives a substantial gift to the attorney or person related to the attorney UNLESS it is a
,family member. In that case, a lawyer MAY solicit and prepare a will that gives the
attorney a substantial gift.
In-Person Solicitation - Answer -No in-person solicitation somebody who you know
needs legal help, EXCEPT
1) when money is NOT the motive (publicity, changing the law)
2) certain groups
---relatives,
---close friends,
---prior business relationships,
---other lawyers,
---routine business users of this type of legal services
Judges and practice of law - Answer -should not happen, other than part-time judges,
or a judge acting as his own lawyer (pro se); also should not act as an executor,
administrator, or trustee except for family members
CAN offer advice and draft and review documents for family members, but CANNOT act
as a family member's lawyer
Judge acting as administrator - Answer -Should NOT happen, other than for *family*;
even then, but not interfere with judge's impartiality
Factors to consider for reasonableness of a fee - Answer -1. required time and labor
2. preclusion from future cases
3. fee charged in the area for similar services
4. amount involved and results obtained
5. time limitations imposed by client or circumstances
6. nature and length of the professional relationship with client
7. experience, reputation, and ability of lawyer
8. whether fee is fixed or contingent
Rule of Confidentiality when lawyer violates an ethics rules and seeks legal advice from
an ethics lawyer - Answer -If the lawyer is seeking legal advice, than the ethics lawyer
owes duty of confidentiality;
Must only rat when you find out about another lawyer's infractions, but NOT if you find
out from that lawyer seeking legal advice
Requirement of Lawyers who are already admitted regarding Bar applicants - Answer -
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Must NOT *knowingly* make any *material* false statement (e.g. accidentally mixing up
dates of employment not fatal)
, What must you do if you know a lawyer or judge has violated rules of professional
misconduct? - Answer -*Mandatory Disclosure*: A lawyer who knows that another
lawyer has violated the Rules of Professional Misconduct in such a way that it raises a
*substantial question* as to that lawyer's honesty, trustworthiness, or fitness as a lawyer
*MUST* report the violation to the appropriate professional authority.
If you SUSPECT a violation has occured you... - Answer -MAY report it.
Activities that require law license - Answer -This constitutes the practice of law:
1. Court Appearances and Depositions (except clinicals)
2. Drafting Legal Documents
3. Conducting Settlements
*EXAMPLES*
-appearing in judicial proceedings;
-engaging in settlement negotiations;
-drafting documents that affect substantial legal rights --or obligations (e.g., contracts,
wills, trusts).
-Preparing an estate plan
Activities that do NOT require a license - Answer -1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ex Parte Communication (judicial conduct) - Answer -Not allowed, UNLESS:
1) scheduling, administrative, or emergency purposes which does not address
substantive matters;
2) judge rx believes no party will gain an advantage
3) judge promptly notifies all parties and gives them opportunity to respond
If judge inadvertently receives unauthorized ex parte communication, judge must
promptly notify all parties and give them an opportunity to respond.
Judge seeking expert advice on law - Answer -OK to obtain the written advice of a
disinterested expert on law, as long as parties have a rx opportunity to object/respond to
the notice and to the advice received
Judge membership in discriminatory organization - Answer -NOT allowed; also cannot
use benefits or facilities of organization, unless it is ISOLATED and cannot be rx
believed to be an endorsement
Judge (in jury case) personally investigating scene - Answer -NOT ALLOWED; must
only consider facts in record
Judge Disqualification (7) - Answer -"P-FIB"
P- Participated previously in the matter
F- Family relationship to a party
