MPRE EXAM QUESTIONS AND
ANSWERS
Moral Terpitude - ANSWER-Bad thing
We do not want it
Good Moral Character - ANSWER-Good thing
State Requirments for admission to the Bar - ANSWER-Supreme Court says they
must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - ANSWER-a) graduate from ABA
accredited law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - ANSWER-1. Truth and fair disclosure
- provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants -
ANSWER-1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the
applicant
Lawyer Discipline After Admission - ANSWER-Regulated by the highest court in the
state, and agency thereof
Obligations to Report and Testify about Violations - ANSWER-1. You MUST rat on
your lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - ANSWER-...send a letter to the
state disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - ANSWER-MAY report it.
Unaithorized Practice of Law: Activity requiring a law license - ANSWER-This
constitutes the practice of law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
Unauthorized Practice of Law: Acitivity which does NOT require a license -
ANSWER-This does NOT constitute the practice of law:
1. File papers with the court
,2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ways to Practice in another jurisdiction - ANSWER-1. Associate with an in-state
lawyer
2. Get admitted Pro Hac Vice ("for this matter only")
3. If you are employed by only one client (as in-house counsel)
4. Mediation or Arbitration arising out of home state practice
5. Anything reasonably related to your home state practice
Fee Division with a Non-Lawyer - ANSWER-NO splitting fees with non-lawyers;
except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more or less a
donation)
Generally, defining a "firm" - ANSWER-As a general rule, sharing space is NOT a
firm but sharing information usualy is
Formal, defining a "firm" - ANSWER-Lawyers who frequently consult, work together,
and have access to each other's files
Who is "in charge" of a law firm? - ANSWER-Only lawyers can be in charge of the
law firm (as shareholders, partners, etc.) - exception would be temporary
shareholder in the event of deat of a partner (until the remaining shareholders buy-
out the dead partner's share)
Rule of Imputation - ANSWER-What you cannot do, your partner cannot do...what
your partner cannot do, you cannot do.
Solo Practioner: duty to plan - ANSWER-A solo practiotioner has a special duty to
plan for death or disability by designating another competent lawyer to:
1. Review files;
2. Notify clients; and
3. Take protective action
Supervising Attorneys are responsoble for the acts of subordinates if... - ANSWER-1.
Supervisor knew and did nothing; OR
2. Supervisor told the person to do it
Subordinate (of supervising attorney) is NOT responsible if... - ANSWER-it is
arguable that the subordinate should not, or could not have...
1. objected
2. acted contrarily, or
3. known the act was a violation
Restrictions on the Right to Practice (Employment agreements, non-competes, etc.)
- ANSWER-As a general rule, no such restrictions are typically allowed; EXCEPT
1. As part of a retirement plan (a law firm can restrict the activitees of retirees)
, 2. Withdrawal from a firm but will collect a salary for some time after (a firm can
restrict people they are still paying)
3. Sale of a Practice (when you sell your firm, there can be a covenant that restricts
your ability to compete with the firm that you just sold)
Lawyers and Buses - ANSWER-We are not buses. We are not required to take each
and every case that walks in the door.
Exceptions to the general freedom of lawyers to reject cases: - ANSWER-1.
Defensless or oppressed - a lawyer "should" take these cases
2. Fair share of pro bono work - a lawyer "should" take his fair share
3. Court Appointments - you "must" take court appointments, with 2 exceptions
Exceptions to the requirment that you take all court appointments - ANSWER-
Generally, "good cause" to reject must be shown under two possible scenarios:
1. Taking the case would create, for you, an unreasonable financial burden (and not
just a modest financial burden)
2. If there is a DUTY TO REJECT (five possibilities)
Duty to Reject - ANSWER-1. INABILITY - physical or mental disability prohibits
representation
2. CONFLICTS - conflict of interest (and the rule of imputation means that everyone
in the firm is conflicted out)
3. FRIVILIOUS - Cases where there is "no meritorious defense" must be rejected
(except, criminal cases always have the right to a defense)
4. FEELING SO STRONG - you have a duty to protect your client from
representation that may be unfairly influenced by your own strong feelings
5. INCOMPETENCE - If you are incompetent in a specific area of the law because it
is too complex or difficult
Examples of Frivilious Cases (where you have a duty to reject) - ANSWER-1.
Client's motive is harassment
2. No supportable legal position
It is NOT a firvilious lawsuit.... - ANSWER-...to assert a position without full
substantiation, or even believing, that the position will not ultimately prevail
Incompetence - EXCEPTIONS - ANSWER-Ways to get around (or deal with) the fact
that you are incompetent in a specific area of the law (A-L-E)
1. Associate with another lawyer, but you musthave the client's permission in
advance
2. Learn the Law
3. Emergency (but this only gets you around the ethical violation - you still may be
liable for malpractice)
Scope, Objectives, and Means of Representation - ANSWER-A lawyer may take
action implyably authorized by client (it is implied that you will do "this" as the client's
attorney)
ANSWERS
Moral Terpitude - ANSWER-Bad thing
We do not want it
Good Moral Character - ANSWER-Good thing
State Requirments for admission to the Bar - ANSWER-Supreme Court says they
must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - ANSWER-a) graduate from ABA
accredited law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - ANSWER-1. Truth and fair disclosure
- provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants -
ANSWER-1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the
applicant
Lawyer Discipline After Admission - ANSWER-Regulated by the highest court in the
state, and agency thereof
Obligations to Report and Testify about Violations - ANSWER-1. You MUST rat on
your lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - ANSWER-...send a letter to the
state disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - ANSWER-MAY report it.
Unaithorized Practice of Law: Activity requiring a law license - ANSWER-This
constitutes the practice of law:
1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
Unauthorized Practice of Law: Acitivity which does NOT require a license -
ANSWER-This does NOT constitute the practice of law:
1. File papers with the court
,2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ways to Practice in another jurisdiction - ANSWER-1. Associate with an in-state
lawyer
2. Get admitted Pro Hac Vice ("for this matter only")
3. If you are employed by only one client (as in-house counsel)
4. Mediation or Arbitration arising out of home state practice
5. Anything reasonably related to your home state practice
Fee Division with a Non-Lawyer - ANSWER-NO splitting fees with non-lawyers;
except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more or less a
donation)
Generally, defining a "firm" - ANSWER-As a general rule, sharing space is NOT a
firm but sharing information usualy is
Formal, defining a "firm" - ANSWER-Lawyers who frequently consult, work together,
and have access to each other's files
Who is "in charge" of a law firm? - ANSWER-Only lawyers can be in charge of the
law firm (as shareholders, partners, etc.) - exception would be temporary
shareholder in the event of deat of a partner (until the remaining shareholders buy-
out the dead partner's share)
Rule of Imputation - ANSWER-What you cannot do, your partner cannot do...what
your partner cannot do, you cannot do.
Solo Practioner: duty to plan - ANSWER-A solo practiotioner has a special duty to
plan for death or disability by designating another competent lawyer to:
1. Review files;
2. Notify clients; and
3. Take protective action
Supervising Attorneys are responsoble for the acts of subordinates if... - ANSWER-1.
Supervisor knew and did nothing; OR
2. Supervisor told the person to do it
Subordinate (of supervising attorney) is NOT responsible if... - ANSWER-it is
arguable that the subordinate should not, or could not have...
1. objected
2. acted contrarily, or
3. known the act was a violation
Restrictions on the Right to Practice (Employment agreements, non-competes, etc.)
- ANSWER-As a general rule, no such restrictions are typically allowed; EXCEPT
1. As part of a retirement plan (a law firm can restrict the activitees of retirees)
, 2. Withdrawal from a firm but will collect a salary for some time after (a firm can
restrict people they are still paying)
3. Sale of a Practice (when you sell your firm, there can be a covenant that restricts
your ability to compete with the firm that you just sold)
Lawyers and Buses - ANSWER-We are not buses. We are not required to take each
and every case that walks in the door.
Exceptions to the general freedom of lawyers to reject cases: - ANSWER-1.
Defensless or oppressed - a lawyer "should" take these cases
2. Fair share of pro bono work - a lawyer "should" take his fair share
3. Court Appointments - you "must" take court appointments, with 2 exceptions
Exceptions to the requirment that you take all court appointments - ANSWER-
Generally, "good cause" to reject must be shown under two possible scenarios:
1. Taking the case would create, for you, an unreasonable financial burden (and not
just a modest financial burden)
2. If there is a DUTY TO REJECT (five possibilities)
Duty to Reject - ANSWER-1. INABILITY - physical or mental disability prohibits
representation
2. CONFLICTS - conflict of interest (and the rule of imputation means that everyone
in the firm is conflicted out)
3. FRIVILIOUS - Cases where there is "no meritorious defense" must be rejected
(except, criminal cases always have the right to a defense)
4. FEELING SO STRONG - you have a duty to protect your client from
representation that may be unfairly influenced by your own strong feelings
5. INCOMPETENCE - If you are incompetent in a specific area of the law because it
is too complex or difficult
Examples of Frivilious Cases (where you have a duty to reject) - ANSWER-1.
Client's motive is harassment
2. No supportable legal position
It is NOT a firvilious lawsuit.... - ANSWER-...to assert a position without full
substantiation, or even believing, that the position will not ultimately prevail
Incompetence - EXCEPTIONS - ANSWER-Ways to get around (or deal with) the fact
that you are incompetent in a specific area of the law (A-L-E)
1. Associate with another lawyer, but you musthave the client's permission in
advance
2. Learn the Law
3. Emergency (but this only gets you around the ethical violation - you still may be
liable for malpractice)
Scope, Objectives, and Means of Representation - ANSWER-A lawyer may take
action implyably authorized by client (it is implied that you will do "this" as the client's
attorney)
