MPRE EXAM STUDY GUIDE
ADMISSION REQUIREMENTS (8.1) - Answer -Must be *rationally related* to the
practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
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
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - Answer -Mandatory Reporting
of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or
*fitness* to practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS Mandatory - Answer -Violation raises
substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT Mandatory - Answer -1. Question
raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconduct - Answer -1.
Violation of duty of confidentiality to a client
,2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5) - Answer -i. Any state where lawyer is admitted has
power to discipline
ii. Any state where lawyer provided or offered services
UNAUTHORIZED PRACTICE OF LAW (5.5) - Answer -Unauthorized practice =
practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else
in unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"? - Answer -1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"? - Answer -1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone
do that.
MULTI-JURISDICTIONAL PRACTICE (8.5) - Answer -Methods of *Temporary* Out-of-
State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice
across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
Methods of *Temporary* Out-of-State Practice (MR. AP) - Answer -1. *Associate* with
locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
, 3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF) - Answer -1. *In-house counsel* and
*government lawyer* can engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS
(5.1) - Answer -Duty to Prevent Ethical Violations
1. Partners and managers must take reasonable measures to ensure compliance with
RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect
to *nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a
reasonable resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical Violations - Answer -Partners and
managers must take reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN) - Answer -1. *Ordered* or
ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer - Answer -Acting on orders of another lawyer
does not excuse misconduct UNLESS it was a *reasonable* resolution of an *arguable
question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4) - Answer -No partnerships with nonlawyers if
any partnership activities involve practice of law
No nonlawyer control or ownership interest in firm
ADMISSION REQUIREMENTS (8.1) - Answer -Must be *rationally related* to the
practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
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
Requirements That Are *NOT* Rational
1. Citizenship
2. Residency
When making character and fitness application, you
1. Cannot knowingly make *false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
DUTY TO REPORT MISCONDUCT OF OTHERS (8.3) - Answer -Mandatory Reporting
of Violation
1. Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or
*fitness* to practice.
When Reporting Is NOT Mandatory
1. Question raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting
1. Violation of duty of confidentiality to a client
2. Learned of violation in lawyer's assistance program (substance abuse programs)
When Reporting Profession Misconduct IS Mandatory - Answer -Violation raises
substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice.
When Reporting Profession Misconduct Is NOT Mandatory - Answer -1. Question
raised was not substantial
2. Suspect violation, but don't know
EXCEPTIONS to Mandatory Reporting of other attorney misconduct - Answer -1.
Violation of duty of confidentiality to a client
,2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5) - Answer -i. Any state where lawyer is admitted has
power to discipline
ii. Any state where lawyer provided or offered services
UNAUTHORIZED PRACTICE OF LAW (5.5) - Answer -Unauthorized practice =
practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else
in unauthorized practice.
Practice of Law
1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is the "Practice of Law"? - Answer -1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
What is NOT the "Practice of Law"? - Answer -1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone
do that.
MULTI-JURISDICTIONAL PRACTICE (8.5) - Answer -Methods of *Temporary* Out-of-
State Practice
1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice
1. *In-house counsel* and *government lawyer* can engage in *non-litigation* practice
across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
Methods of *Temporary* Out-of-State Practice (MR. AP) - Answer -1. *Associate* with
locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
, 3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
*Permanent* Out-of-State Practice (IGF) - Answer -1. *In-house counsel* and
*government lawyer* can engage in *non-litigation* practice across state lines
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
RESPONSIBILITY OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS
(5.1) - Answer -Duty to Prevent Ethical Violations
1. Partners and managers must take reasonable measures to ensure compliance with
RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways)
1. Ordered or ratified misconduct
2. Failed to avoid or mitigate consequences of violation
3. Partners, managers, and supervisors *have the same duties* as above with respect
to *nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer
1. Acting on orders of another lawyer does not excuse misconduct UNLESS it was a
reasonable resolution of an arguable question of professional duty.
2. Usually technical in nature
Duty of Supervisors/Partners to Prevent Ethical Violations - Answer -Partners and
managers must take reasonable measures to ensure compliance with RPC
Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility (can happen in a few ways) (OMN) - Answer -1. *Ordered* or
ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties as above with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer - Answer -Acting on orders of another lawyer
does not excuse misconduct UNLESS it was a *reasonable* resolution of an *arguable
question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4) - Answer -No partnerships with nonlawyers if
any partnership activities involve practice of law
No nonlawyer control or ownership interest in firm
