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MPRE-ABA MODEL RULES OF PROFESSIONAL CONDUCT EXAM 2025 QUESTIONS AND ANSWERS

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MPRE-ABA MODEL RULES OF PROFESSIONAL CONDUCT EXAM 2025 QUESTIONS AND ANSWERS

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MPRE
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Uploaded on
June 29, 2025
Number of pages
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Written in
2024/2025
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MPRE-ABA MODEL RULES OF
PROFESSIONAL CONDUCT EXAM
2025 QUESTIONS AND ANSWERS


1.1: Client-Lawyer relationships - ....ANSWER ...-A lawyer SHALL provide

competent representation to a client. Competent representation requires legal

knowledge, skill, thoroughness and preparation reasonably necesssary for representation

1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer -

....ANSWER ...-(a) A lawyer SHALL abide by a client's decision concerning the

OBJECTIVES of representation, as required by Rule 1.4, SHALL consult with the client

as to the means by which they are to be pursued. A lawyer MAY take such action on

behalf of the client as is impliedly authorized to carry out the representation. A lawyer

SHALL abide by a client's decision whatever to settle a matter. In a criminal case, the

lawyer SHALL abide by the client's decision after consultation with the lawyer, as to a

plea to the entered, whether to waive a jury trial and whether the client will testify.

(b) A lawyer's representation of a client, including representation by appointment, does

not constitute an endorsement of the client's political, economic, social or moral views or

activities.


1.3: Diligence - ....ANSWER ...-A lawyer SHALL act with reasonable diligence and

promptness in representing a client.




....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1

,1.4: Communication - ....ANSWER ...-(a) A lawyer SHALL: 1. promplty inform the

client of any decision or circumstance with respect to which the client's informed

consent is required. 2. reasonably consult with the client about the means by which the

client's objectives are to be accomplished. 3. keep the client reasonably informed about

the status of the matter 4. promptly comply with reasonable requests for information; 5.

consult with the client about any relefant limitation on the lawyer's conduct when the

lawyer knows that the client expects assistance not permitted by the Rules of

Professional Conduct or other law. 6. A lawyer shall explain a matter to the extent

reasonably necesssary to permit the client to make informed decisions regarding

representation.

(b) A lawyer SHALL explain a matter to the extent reasonably necessary to permit the

client to make informed decisions regarding the representation.


1.5: Fees (a) - ....ANSWER ...-(a) A lawyer shall not make agreement for, charge, or

collect unreasonable fee or an unreasonable amount for expenses according to the

following factors: 1. the time and labor required, the novelty and difficulty of the

questions proposed, and the skill requisite to perform the legal service properly; 2. the

likelihood, if apparent to client, that the acceptance of the particular employment will

preclude other employment by the lawyers; 3. the fee customarily charged in the locality

for similar legal services; 4. the amount involved and results obtained; 5. the time

limitations imposed by the client or by the circumstances; 6. the nature and length of

professional relationship with the client; 7. the experience, reputation, and ability of the

lawyer or lawyers performing the service; and 8. whether the fee is fixed or contingent.




....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2

,1.6: Confidentiality - ....ANSWER ...-(a) A lawyer SHALL NOT reveal any

information relating to representation of a client unless the client gives informed

consent, the disclosure is impliedly authorized in order to carry out representation.

(b) A lawyer MAY reveal to the extent the lawyer reasonably believes necessary: 1. to

prevent reasonably certain dealth or substantial bodily harm 2. to prevent the client from

committing a crime or fraud that is reasoably certain to result in substantial injury to the

financial interests or property of another and in furtherance of which the client has or is

using the lawyer's services


1.7: Conflicts of Interest: Current Clients - ....ANSWER ...-(a) A lawyer SHALL

NOT represent a client if the representation inovles a CONCURRENT conflict of

interest,

(b) Notwithstanding the existing of a concurrent conflict, a lawyer MAY represent a

client if: 1. the lawyer reasonably believes that he will be able to provide competent and

diligent representation to each affected clients 2. it is not prohibited by law 3. the

representation does not inolve the assertion of a claim by one client against another

client represented by the lawyer in the same litigation or other proceeding before a

tribunal 4. each affected client gives informed consent, confirmed in writing.


1.8: Conflict of Interests Specific Rules - ....ANSWER ...-(a) A lawyer SHALL NOT

enter into a business transaction with a client or knowingly aquire an ownership,

possesory, security or other pecuniary interest adverse to a client unless: 1. the

transaction and terms on which the lawyer acquires the interest are fair and reasonable to

the client and are fully disclosed and transmitted in writing and in a matter that can be

reasonably understood by the client 2. the client is advised in writing of the desireability

of seeking and is given a reasonable opportining to seek the advice of indepedent legal



....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 3

, counsel ont he transaction 3. the client gives informed consent, in a writing and signed

by client, to essential terms of the transaction and the lawyer's role in the transaction,

including whether the lawyer is representing the client in the transaction.


1.9: Duties to Former Clients - ....ANSWER ...-(a) A lawyer who has formerly

represented a client in a matter shall not thereafter represent another person in the same

or a substantially related matter in which that person's interests are materially adverse to

the interests of the former client unless the former client gives informed consent, in

writing.


1.10: Imputations of Conflicts of Interest - ....ANSWER ...-(a) Firms lawyers are

bound by same rules as individual lawyer in firm unless it is a personal interest or the

dsiqualified lawyer is such because of 1.9a or b, and the lawyer is timely screened from

any participation, written notice is goven to former client to enable compliace with the

rule, a satement of compliance is made, a statement is made for review before a tribunal,

and an agreement by the firm to respond propmtly to any written inquires or objections

by former client about screening proceudres,

1.11: special conflicts of interest for former and current government officers and

employees - ....ANSWER ...-except as law may otherwise expressly permit, a

lawyer who has formerly served as a public officer or gov employee is subject to 1.9c and

shall not rep a client in connection with a matter in which the lawyer participated

personally and substantially as a public officer or employee unless the app gov agenct

gives its informed consent, confirmed in writing, to the rep.




no lawyer in dqed lawyers firm shall knowingly undertake or continue rep in such matter

unless dq is screened and not given a cut of fees, written notice is given to app agency to


....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 4
R211,86
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