MPRE Themis Exam with Complete
Solutions
a lawyer may not limit his liability prospectively unless.... - ANSWER-the client is
independently represented in making such an agreement.
Can a lawyer state their personal opinion dealing with a witness's credibility? -
ANSWER-no
A partnership with a nonlawyer is subject to discipline only if... - ANSWER-the
partnership offers legal services
May a lawyer solicit endorsements for a judicial candidate? - ANSWER-yes
May a lawyer publicly oppose a judicial candidate? - ANSWER-yes
Can a client revoke consent on a conflict of interest? - ANSWER-yes, attorney will be
subject to discipline if he tries to change client's mind
When MAY a lawyer withdraw from representation? - ANSWER-- when there is a
reasonable belief that the client is pursuing a crime and the lawyer's services were
used.
- client's action is repugnant to attorney
- unreasonable financial burden
- client fails an obligation to the lawyer
What can an attorney do if a client still owes a fee after representation? - ANSWER-the
lawyer can have a retaining lien on the client's property (but it should not harm the
client)
what must an attorney do with funds whenever the client is in a fee dispute with a third
party? - ANSWER-the lawyer must hold them.
Does a fee agreement have to be in writing?? What is the exception? - ANSWER-no, it
just needs to be communicated. An exception are contingency fees, they must be in
writing
When can contingency agreements not be used? - ANSWER-family or criminal cases
What are the requirements of a contingency agreement? - ANSWER-- must be in
writing
- signed by client
, - must have fee calculation for fees and expenses
where must costs advanced be placed? - ANSWER-in escrow
What are the requirements for business transactions with clients AND interest in client's
property? - ANSWER-- terms must be in writing
- terms must be fair and reasonable
- attorney must advise the client of the prudence of hiring independent counsel to review
the agreement
- informed consent in writing and signed by the client
the referring attorney may receive a portion of the fee, so long as: - ANSWER-- the
overall fee is fair to the client;
- the fee sharing arrangement is disclosed to the client; and
- the referring lawyer provides actual services or joint representation.
What does the attorney client privilege do? - ANSWER-The a-c privilege shields
information from the court
What might destroy A-C privilege? - ANSWER-presence of a third party
What are the 2 exceptions to attorney-client privilege? - ANSWER-- crime
- dispute with the attorney
There is no waiver of A-C privilege if: - ANSWER-- Attorney took reasonable steps to
PREVENT disclosure; and
- Attorney took reasonable CORRECTIVE steps after the disclosure
A court cannot order a lawyer to reveal information protected by... - ANSWER-A-C
privilege
A court may order revelation of material protected... - ANSWER-under the ethical duty
of confidentiality
What are some permissive disclosures of confidential information? - ANSWER-- client
consent
- implied by representation
- to prevent death or substantial bodily injury
- to prevent/mitigate financial injury in which the lawyer's services were used.
The model rules prohibit a former government lawyer from representing... - ANSWER-a
client in a matter in which the lawyer participated personally and substantially as a
government lawyer UNLESS the appropriate gov. agency gives its informed consent,
confirmed in writing, to the representation.
Solutions
a lawyer may not limit his liability prospectively unless.... - ANSWER-the client is
independently represented in making such an agreement.
Can a lawyer state their personal opinion dealing with a witness's credibility? -
ANSWER-no
A partnership with a nonlawyer is subject to discipline only if... - ANSWER-the
partnership offers legal services
May a lawyer solicit endorsements for a judicial candidate? - ANSWER-yes
May a lawyer publicly oppose a judicial candidate? - ANSWER-yes
Can a client revoke consent on a conflict of interest? - ANSWER-yes, attorney will be
subject to discipline if he tries to change client's mind
When MAY a lawyer withdraw from representation? - ANSWER-- when there is a
reasonable belief that the client is pursuing a crime and the lawyer's services were
used.
- client's action is repugnant to attorney
- unreasonable financial burden
- client fails an obligation to the lawyer
What can an attorney do if a client still owes a fee after representation? - ANSWER-the
lawyer can have a retaining lien on the client's property (but it should not harm the
client)
what must an attorney do with funds whenever the client is in a fee dispute with a third
party? - ANSWER-the lawyer must hold them.
Does a fee agreement have to be in writing?? What is the exception? - ANSWER-no, it
just needs to be communicated. An exception are contingency fees, they must be in
writing
When can contingency agreements not be used? - ANSWER-family or criminal cases
What are the requirements of a contingency agreement? - ANSWER-- must be in
writing
- signed by client
, - must have fee calculation for fees and expenses
where must costs advanced be placed? - ANSWER-in escrow
What are the requirements for business transactions with clients AND interest in client's
property? - ANSWER-- terms must be in writing
- terms must be fair and reasonable
- attorney must advise the client of the prudence of hiring independent counsel to review
the agreement
- informed consent in writing and signed by the client
the referring attorney may receive a portion of the fee, so long as: - ANSWER-- the
overall fee is fair to the client;
- the fee sharing arrangement is disclosed to the client; and
- the referring lawyer provides actual services or joint representation.
What does the attorney client privilege do? - ANSWER-The a-c privilege shields
information from the court
What might destroy A-C privilege? - ANSWER-presence of a third party
What are the 2 exceptions to attorney-client privilege? - ANSWER-- crime
- dispute with the attorney
There is no waiver of A-C privilege if: - ANSWER-- Attorney took reasonable steps to
PREVENT disclosure; and
- Attorney took reasonable CORRECTIVE steps after the disclosure
A court cannot order a lawyer to reveal information protected by... - ANSWER-A-C
privilege
A court may order revelation of material protected... - ANSWER-under the ethical duty
of confidentiality
What are some permissive disclosures of confidential information? - ANSWER-- client
consent
- implied by representation
- to prevent death or substantial bodily injury
- to prevent/mitigate financial injury in which the lawyer's services were used.
The model rules prohibit a former government lawyer from representing... - ANSWER-a
client in a matter in which the lawyer participated personally and substantially as a
government lawyer UNLESS the appropriate gov. agency gives its informed consent,
confirmed in writing, to the representation.
