MPRE Complete Practice Set with
Sample Answers and Tips (2025
Edition)
An attorney and a prospective client met to discuss whether the attorney would
represent the client in a contractual dispute. During the conversation, the potential
plaintiff spoke to the attorney about her litigation objectives and how much she
would be able to pay the attorney. As they were wrapping up the meeting, the client
noticed a picture of the attorney's teenaged son on the wall. The client confided in
the attorney that she had a son the same age, but she had given him up for adoption
because she was an unwed teenager when he was born. She told the attorney that no
one except her family knew about the adoption, and she asked the attorney to keep
it confidential. Is the information about the client's pregnancy protected by the
attorney-client privilege?
A. No, because the woman had not retained the attorney when the conversation took
place.
B. No, because the communication was not relayed for legal advice.
C -Answer::Answer choice B is correct. A confidential communication between a
client and her attorney is privileged. The evidentiary attorney-client privilege
covers the client's communication to an attorney whom the client reasonably
believes represents the client, and the circumstances indicate a desire by the client
for confidentiality. Although the attorney does not need to give advice or agree to
the representation for the privilege to exist, the communication must be for the
purpose of seeking legal advice or representation. Although the statement about the
client's child was given in confidence and would be protected by the attorney's
ethical duty of confidentiality, it is not subject to the attorney-client privilege
because it was not relayed for the purpose of obtaining legal advice. Answer choice
A is incorrect because, although the woman was a potential client with regard to the
contract matter, the privilege would not apply to the statement regarding the
adoption because the statement was not made for the purpose of obtaining legal
advice. Answer choice C is incorrect because the communication was not made for
the purpose of obtaining legal advice, so it is not privileged even if the woman had a
reasonable expectation of representation. Answer choice D is incorrect because,
,although the communication would have been privileged if it had been relayed for
the purpose of obtaining legal advice, it was not relayed for that purpose.
A well-known defense attorney met with a criminal defendant regarding
representation of the defendant in a highly publicized case. During the meeting, the
attorney told the defendant, who was indigent, that she would represent him if he
agreed to grant her movie rights regarding the representation. The client agreed to
these terms, and the attorney provided him with a written consent form setting forth
the terms of the representation and advising him to seek independent counsel. The
attorney met with the defendant several days later, at which time he returned a
signed copy of the written consent form. He told her that he had not consulted with
another attorney. The attorney succeeded in obtaining an acquittal at trial and began
shopping a movie based on the case to television studios shortly thereafter. Were
the attorney's actions in securing the movie rights based on the case proper?
A. No, because the attorney neg -Answer::Answer choice A is correct. An attorney is
prohibited from negotiating for literary or media rights relating to representation of
a client prior to the conclusion of the representation. Because the attorney
negotiated for movie rights before the representation concluded in this case, her
actions were improper. Answer choice B is incorrect because the prohibition on
making or negotiating an agreement prior to the conclusion of the representation is
a blanket prohibition that cannot be waived by the client regardless of whether the
client sought or obtained independent legal counsel. Answer choice C is incorrect
because an attorney may not negotiate for media rights before the conclusion of
representation, even if the client consents. Answer choice D is incorrect because an
attorney may not negotiate for literary or media rights before the conclusion of
representation, even if such rights serve as the attorney's compensation.
An attorney represented an incarcerated, indigent criminal defendant on a pro bono
basis. At their initial meeting, the defendant was extremely fidgety. The defendant
explained that she was a smoker but had not had a cigarette since being imprisoned
because she had no money to buy cigarettes in the facility. The attorney gave the
defendant $50 to buy cigarettes without securing from the defendant a promise to
repay the money. Nevertheless, the defendant subsequently did repay the attorney.
Was the attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the
client's living expenses.
No, because an attorney must take steps to ensure that a client will repay any
monetary advances made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
,Yes, because the defendant repaid the money to t -Answer::Answer choice A is
correct. Financial assistance to a client is prohibited with respect to pending or
planned litigation, except that an attorney may advance litigation expenses and
court costs. The $50 in this case did not relate to such expenses and costs, and
therefore it is prohibited. Answer choice B is incorrect because an attorney may not
generally provide money to a client regardless of whether there is a prior
agreement by the client to repay it. Answer choice C is incorrect because although
an attorney representing an indigent client may advance court costs and litigation
expenses regardless of whether the funds will be repaid, an attorney may not
provide other forms of financial assistance. The money in this case did not relate to
court costs or litigation expenses, and thus it would be prohibited. Answer choice D
is incorrect because, even though the client repaid the attorney, an attorney is
prohibited from providing a client with funds for living expenses.
An author engaged an attorney to represent him in a copyright infringement action.
The representation agreement contained a provision that required the parties to
submit all disputes, including malpractice disputes, to arbitration. The attorney did
not discuss this provision with the author, nor did he advise him to seek independent
counsel with regard to it. The infringement action was successful, and no dispute
arose between the author and the attorney. Consequently, the provision was not
enforced. The applicable jurisdiction recognizes the validity of arbitration in this
context. Is the attorney subject to discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney -Answer::Answer choice C is correct. An attorney may
enter into an arbitration agreement with a client with regard to a malpractice dispute
if such an agreement is permitted by the applicable jurisdiction. However, the client
must be fully informed as to the scope and effect of the agreement. Because the
attorney failed to provide the client with such information, the attorney is subject to
discipline for this failure. Answer choice A is incorrect because, although an
arbitration provision is only enforceable if it is permitted by the applicable
jurisdiction, in order to adhere to his ethical obligations, an attorney must ensure
that the client is fully informed as to the scope and effect of the agreement. Answer
choice B is incorrect because the lack of enforcement of the provision can affect
whether the attorney is sanctioned for the violation, but it does not erase the
attorney's failure to adhere to his ethical obligations. Answer choice D is incorrect
because, while the client must be fully informed as to the scope and effect of the
arbitration agreement, the attorney is not required to advise the client to seek
independent counsel.
, Two friends were involved in a car accident and hired an attorney to represent them
as co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case.
The clients suggested vastly different amounts. The attorney received a large
settlement offer that met the individual requirements of each party, though each
party would receive significantly different amounts in the settlement. He called both
clients into his office separately to discuss settlement. Both clients immediately
consented in writing to the agreement, though neither was aware of the amount
received by the other. The attorney then accepted the offer on behalf of both of the
clients. The clients met for dinner the following night to celebrate their win, and
during dessert, one of the clients disclosed to the other the amount he had received
in the settlemen -Answer::Answer choice D is correct. An attorney representing co-
parties may make an aggregate settlement only if both clients consent in writing
after full consultation and disclosure by the attorney, including disclosure of the
nature and extent of all claims and pleas, and the participation of each party in the
settlement. Here, the attorney did not disclose the nature and extent of the offer and
the participation of each party in the settlement before accepting the settlement
offer. Answer choice A is incorrect because the attorney did not make a full
disclosure about the settlement to each party before he accepted the offers; it is
irrelevant whether the amount was aligned with the original amount specified by
each party. Answer choice B is incorrect because the attorney did not make a full
disclosure regarding the settlement to the clients before they accepted the
settlement in writing. Answer choice C is incorrect because an attorney may
represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him.
The woman told the attorney that she did not object to his representation of any of
the men charged with solicitation, but she refused to sign a written statement to that
effect because she no longer wanted to be linked to the charges in any written
document. Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the
attorney represented the woman.
Yes, because the attorney received the woman's informed oral consent.
Yes, although the attorney did not receive the woman's informed consent in writing. -
Answer::Answer choice D is correct. An attorney who has previously represented a
client in a matter must not subsequently represent another person in the same or a
Sample Answers and Tips (2025
Edition)
An attorney and a prospective client met to discuss whether the attorney would
represent the client in a contractual dispute. During the conversation, the potential
plaintiff spoke to the attorney about her litigation objectives and how much she
would be able to pay the attorney. As they were wrapping up the meeting, the client
noticed a picture of the attorney's teenaged son on the wall. The client confided in
the attorney that she had a son the same age, but she had given him up for adoption
because she was an unwed teenager when he was born. She told the attorney that no
one except her family knew about the adoption, and she asked the attorney to keep
it confidential. Is the information about the client's pregnancy protected by the
attorney-client privilege?
A. No, because the woman had not retained the attorney when the conversation took
place.
B. No, because the communication was not relayed for legal advice.
C -Answer::Answer choice B is correct. A confidential communication between a
client and her attorney is privileged. The evidentiary attorney-client privilege
covers the client's communication to an attorney whom the client reasonably
believes represents the client, and the circumstances indicate a desire by the client
for confidentiality. Although the attorney does not need to give advice or agree to
the representation for the privilege to exist, the communication must be for the
purpose of seeking legal advice or representation. Although the statement about the
client's child was given in confidence and would be protected by the attorney's
ethical duty of confidentiality, it is not subject to the attorney-client privilege
because it was not relayed for the purpose of obtaining legal advice. Answer choice
A is incorrect because, although the woman was a potential client with regard to the
contract matter, the privilege would not apply to the statement regarding the
adoption because the statement was not made for the purpose of obtaining legal
advice. Answer choice C is incorrect because the communication was not made for
the purpose of obtaining legal advice, so it is not privileged even if the woman had a
reasonable expectation of representation. Answer choice D is incorrect because,
,although the communication would have been privileged if it had been relayed for
the purpose of obtaining legal advice, it was not relayed for that purpose.
A well-known defense attorney met with a criminal defendant regarding
representation of the defendant in a highly publicized case. During the meeting, the
attorney told the defendant, who was indigent, that she would represent him if he
agreed to grant her movie rights regarding the representation. The client agreed to
these terms, and the attorney provided him with a written consent form setting forth
the terms of the representation and advising him to seek independent counsel. The
attorney met with the defendant several days later, at which time he returned a
signed copy of the written consent form. He told her that he had not consulted with
another attorney. The attorney succeeded in obtaining an acquittal at trial and began
shopping a movie based on the case to television studios shortly thereafter. Were
the attorney's actions in securing the movie rights based on the case proper?
A. No, because the attorney neg -Answer::Answer choice A is correct. An attorney is
prohibited from negotiating for literary or media rights relating to representation of
a client prior to the conclusion of the representation. Because the attorney
negotiated for movie rights before the representation concluded in this case, her
actions were improper. Answer choice B is incorrect because the prohibition on
making or negotiating an agreement prior to the conclusion of the representation is
a blanket prohibition that cannot be waived by the client regardless of whether the
client sought or obtained independent legal counsel. Answer choice C is incorrect
because an attorney may not negotiate for media rights before the conclusion of
representation, even if the client consents. Answer choice D is incorrect because an
attorney may not negotiate for literary or media rights before the conclusion of
representation, even if such rights serve as the attorney's compensation.
An attorney represented an incarcerated, indigent criminal defendant on a pro bono
basis. At their initial meeting, the defendant was extremely fidgety. The defendant
explained that she was a smoker but had not had a cigarette since being imprisoned
because she had no money to buy cigarettes in the facility. The attorney gave the
defendant $50 to buy cigarettes without securing from the defendant a promise to
repay the money. Nevertheless, the defendant subsequently did repay the attorney.
Was the attorney's loan to his client proper?
No, because an attorney may not provide financial assistance to a client for the
client's living expenses.
No, because an attorney must take steps to ensure that a client will repay any
monetary advances made by the attorney before making such an advance.
Yes, because an attorney may provide financial assistance to an indigent client.
,Yes, because the defendant repaid the money to t -Answer::Answer choice A is
correct. Financial assistance to a client is prohibited with respect to pending or
planned litigation, except that an attorney may advance litigation expenses and
court costs. The $50 in this case did not relate to such expenses and costs, and
therefore it is prohibited. Answer choice B is incorrect because an attorney may not
generally provide money to a client regardless of whether there is a prior
agreement by the client to repay it. Answer choice C is incorrect because although
an attorney representing an indigent client may advance court costs and litigation
expenses regardless of whether the funds will be repaid, an attorney may not
provide other forms of financial assistance. The money in this case did not relate to
court costs or litigation expenses, and thus it would be prohibited. Answer choice D
is incorrect because, even though the client repaid the attorney, an attorney is
prohibited from providing a client with funds for living expenses.
An author engaged an attorney to represent him in a copyright infringement action.
The representation agreement contained a provision that required the parties to
submit all disputes, including malpractice disputes, to arbitration. The attorney did
not discuss this provision with the author, nor did he advise him to seek independent
counsel with regard to it. The infringement action was successful, and no dispute
arose between the author and the attorney. Consequently, the provision was not
enforced. The applicable jurisdiction recognizes the validity of arbitration in this
context. Is the attorney subject to discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney -Answer::Answer choice C is correct. An attorney may
enter into an arbitration agreement with a client with regard to a malpractice dispute
if such an agreement is permitted by the applicable jurisdiction. However, the client
must be fully informed as to the scope and effect of the agreement. Because the
attorney failed to provide the client with such information, the attorney is subject to
discipline for this failure. Answer choice A is incorrect because, although an
arbitration provision is only enforceable if it is permitted by the applicable
jurisdiction, in order to adhere to his ethical obligations, an attorney must ensure
that the client is fully informed as to the scope and effect of the agreement. Answer
choice B is incorrect because the lack of enforcement of the provision can affect
whether the attorney is sanctioned for the violation, but it does not erase the
attorney's failure to adhere to his ethical obligations. Answer choice D is incorrect
because, while the client must be fully informed as to the scope and effect of the
arbitration agreement, the attorney is not required to advise the client to seek
independent counsel.
, Two friends were involved in a car accident and hired an attorney to represent them
as co-parties in a claim for damages related to the accident. Each client provided the
attorney with the minimum amount he would be willing to accept to settle the case.
The clients suggested vastly different amounts. The attorney received a large
settlement offer that met the individual requirements of each party, though each
party would receive significantly different amounts in the settlement. He called both
clients into his office separately to discuss settlement. Both clients immediately
consented in writing to the agreement, though neither was aware of the amount
received by the other. The attorney then accepted the offer on behalf of both of the
clients. The clients met for dinner the following night to celebrate their win, and
during dessert, one of the clients disclosed to the other the amount he had received
in the settlemen -Answer::Answer choice D is correct. An attorney representing co-
parties may make an aggregate settlement only if both clients consent in writing
after full consultation and disclosure by the attorney, including disclosure of the
nature and extent of all claims and pleas, and the participation of each party in the
settlement. Here, the attorney did not disclose the nature and extent of the offer and
the participation of each party in the settlement before accepting the settlement
offer. Answer choice A is incorrect because the attorney did not make a full
disclosure about the settlement to each party before he accepted the offers; it is
irrelevant whether the amount was aligned with the original amount specified by
each party. Answer choice B is incorrect because the attorney did not make a full
disclosure regarding the settlement to the clients before they accepted the
settlement in writing. Answer choice C is incorrect because an attorney may
represent co-parties receiving different settlement amounts as long as the attorney
makes a full disclosure to each client.
An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him.
The woman told the attorney that she did not object to his representation of any of
the men charged with solicitation, but she refused to sign a written statement to that
effect because she no longer wanted to be linked to the charges in any written
document. Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the
attorney represented the woman.
Yes, because the attorney received the woman's informed oral consent.
Yes, although the attorney did not receive the woman's informed consent in writing. -
Answer::Answer choice D is correct. An attorney who has previously represented a
client in a matter must not subsequently represent another person in the same or a
