MPRE

MPRE- COMPETENCE, LEGAL MALPRACTICE, AND OTHER LIABILITY QUESTIONS WITH CORRECT ANSWERS Malpractice is civil liability which a lawyer who violates an ethics and is subject to discipline may also be subject to. While sanctions for violation of the disciplinary rules are aimed at punishing a lawyer and protecting the public from future violations, damages for malpractice compensate an injured client or third party. A malpractice action is brought in a civil court and is prosecuted by the injure...

MPRE EXAM QUESTIONS AND ANSWERS (GRADED A+)

MPRE EXAM QUESTIONS AND ANSWERS (GUARANTEED PASS) Actual and Apparent Authority - Answer-Actual: communicated by client, expressly or impliedly. Apparent: Third party believes lawyer has authority based on clients action. -client lead that third party has authority -if client dies, you have a duty to inform when your authority ends to third party. Protective action: - Answer-When the client has diminished capacity and faces a risk of substantial physical, financial, or other har...

MPRE EXAM QUESTIONS AND ANSWERS 2024 Unnamed members of a class and conflicts - Answer-In a class action litigation, the unnamed members of a class ordinarily are not regarded as clients for conflict of interest purposes. Confidentiality and Privilege Problems - Answer-In litigation between two former joint clients of a single lawyer, neither client can claim the attorney-client privilege; therefore, before undertaking multiple representation, the lawyer should explain that whatever one cl...

MPRE EXAM QUESTIONS WITH COMPLETE ANSWERS (100% PASS) Fee splitting with nonlawyers - Answer-prohibited Exceptions to feesplitting with nonlawyers - Answer-death benefits to estate or testate purchasing practice from deceased lawyer's heir compensation and retirement plans for nonlawyer employees allowed court-awarded legal fees with nonprofit that used lawyer in matter only allowed to restrict right to practice in - Answer-retirement benefit agreements or when settling a clai...

MPRE EXAM QUESTIONS WITH COMPLETE ANSWERS

MPRE EXAM QUESTIONS WITH COMPLETE SOLUTIONS What is the definition of competent representation? - Answer-It means that the lawyer must use knowledge, skill, thoroughness, and preparation reasonably necessary to meet the clients needs. what are the factors in assessing a lawyer's knowledge and skill? - Answer-The complexity and nature of the matter, the lawyer's training and experience int eh relevant area, the amount of prep the lawyer can give, and the lawyer's ability to consult with...

MPRE Exam Questions with Correct Answers May a lawyer volunteer advice to a client? - Answer-Yes, a lawyer may volunteer advice, but is not obligated to A lawyer is hired by a client to evaluate the client's affairs for use by a third party. Will the lawyer be liable to the third party for negligence in rendering the evaluation? - Answer-Yes, the lawyer will be liable for negligence in rendering the evaluation When can a Lawyer also testify in trial? - Answer-(a) testimony about an unc...

MPRE EXAM QUESTIONS WITH CORRECT VERIFIED ANSWERS Relationship of the Dual Profession Lawyer with Non-lawyers - Answer-Yes, it's okay to tell people your dual professions. Dual Profession Lawyer: Soliciting legal business - Answer--Can't use dual profession to solicit Dual Profession Lawyer: Attorney/Client privilege - Answer--Does not apply in the dual profession Dual Profession: Ancillary Services - Answer--Law related services. -Okay to provide reasonably performed in conjuncti...

MPRE EXAM QUESTIONS WITH VERIFIED ANSWERS LATEST Business Transactions with Clients - Answer-1. Transaction must be fair and reasonable to client 2. Lawyer must disclose all terms to client in writing, in a way the client understands 3. Lawyer must advise client in writing to get independent counsel 4. Client must give informed consent in a signed writing Exceptions to when client must give informed consent in a signed writing for business transactions - Answer-a. an ordinary fee agre...