MPRE Practice Questions With Correct
Answers
An attorney represented the wife in an acrimonious divorce proceeding
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involving issues of property division and child custody. After one day of trial,
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the husband, through his lawyer, made a settlement offer. The proposed
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settlement required that the wife's attorney agree not to represent the wife
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in any subsequent proceeding, brought by either party, to modify or enforce
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the provisions of the decree. The wife wanted to accept the offer, and her
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attorney reasonably believed that it was in the wife's best interest to do so
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because the settlement offer was better than any potential award to the wife
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resulting from the case going to judgment. Consequently, the attorney
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recommended to the wife that she accept the offer. || || || || || || || ||
Was it proper for the wife's attorney to recommend that the wife accept the
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settlement offer?
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(A) No, because the attorney did not obtain the wife's informed consent to
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the conflict of interest created b - CORRECT ANSWER✔✔-(B) No, because the
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proposed settlement restricted the attorney's right to represent the wife in
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the future. ||
An experienced oil and gas developer asked an attorney to represent him in
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a suit to establish the developer's ownership of certain oil and gas royalties.
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The developer did not have available the necessary funds to pay the
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attorney's reasonable hourly rate for undertaking the case and proposed
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instead that, if he prevailed in the lawsuit, he would pay the attorney 20%
|| || || || || || || || || || || || || ||
of the first year's royalties recovered in the suit. Twenty percent of the first
|| || || || || || || || || || || || || ||
,year's royalties would likely exceed the amount that the attorney would have
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received from charging his regular hourly rate. The attorney accepted the
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proposal.
Is the attorney subject to discipline?
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(A) Yes, because the agreement gave the attorney a proprietary interest in
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the developer's cause of action.
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(B) Yes, because the fee was likely to exceed the amount that the attorney
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would have received from charging his regular hourly rate.
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(C) No, because the developer rathe - CORRECT ANSWER✔✔-(D) No, because
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the attorney may contract with the developer for a reasonable contingent
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fee.
An attorney represents a company that produces chemical products. Some of
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the waste products of the company's manufacturing processes are highly
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toxic and are reasonably certain to cause substantial bodily harm if disposed
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of improperly. The president of the company recently informed the attorney
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that a new employee mistakenly disposed of the waste products in the
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ground behind the company plant, an area that is part of the source of the
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city's water supply. The attorney advised the president that, although the
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conduct was not criminal, the company could be civilly liable for negligence
|| || || || || || || || || || || ||
in lawsuits brought by any persons harmed by the waste products. The
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attorney advised the president to immediately report the problem to city
|| || || || || || || || || || ||
authorities. Fearful of adverse publicity, the president declined to do so. The
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attorney further advised the president that she believed the president's
|| || || || || || || || || ||
decision was immoral. The president conti - CORRECT ANSWER✔✔-(C) No,
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because the attorney reasonably believed that the company's disposal of the
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waste products was reasonably certain to cause substantial bodily harm.
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, An attorney worked in the legal department of a public utility company and
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represented that company in litigation. The company was sued by a
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consumer group which alleged that the company was guilty of various acts in
|| || || || || || || || || || || ||
violation of its charter. Through its general counsel, the company instructed
|| || || || || || || || || || || ||
the attorney not to negotiate a settlement but to go to trial under any
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circumstances since a precedent needed to be established. Although the
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company's defense could be supported by a good faith argument, the
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attorney believed that the case should be settled if possible.
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Must the attorney withdraw as counsel in this case?
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(A) No, because as an employee, the attorney is bound by the instructions of
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the general counsel.
|| || ||
(B) No, because the company's defense can be supported by a good faith
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argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
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(D) Yes, because the company is controlling the attorney's judgment -
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CORRECT ANSWER✔✔-(B) No, because the company's defense can be
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supported by a good faith argument. || || || || ||
An attorney represented a client who was the plaintiff in a personal injury
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action. The personal injury action was settled, and the attorney received a
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check in the amount of $10,000 payable to the attorney. The attorney
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deposited the check in her clients' trust account.
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One day later, the attorney received a letter from a bank, which had heard
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of the settlement of the personal injury lawsuit. The bank informed the
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attorney that the client had failed to make his monthly mortgage payments
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for the last three months and demanded that the attorney immediately
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release $900 of the proceeds of the settlement to the bank or the bank
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Answers
An attorney represented the wife in an acrimonious divorce proceeding
|| || || || || || || || || ||
involving issues of property division and child custody. After one day of trial,
|| || || || || || || || || || || || ||
the husband, through his lawyer, made a settlement offer. The proposed
|| || || || || || || || || || ||
settlement required that the wife's attorney agree not to represent the wife
|| || || || || || || || || || || ||
in any subsequent proceeding, brought by either party, to modify or enforce
|| || || || || || || || || || || ||
the provisions of the decree. The wife wanted to accept the offer, and her
|| || || || || || || || || || || || || ||
attorney reasonably believed that it was in the wife's best interest to do so
|| || || || || || || || || || || || || ||
because the settlement offer was better than any potential award to the wife
|| || || || || || || || || || || ||
resulting from the case going to judgment. Consequently, the attorney
|| || || || || || || || || || ||
recommended to the wife that she accept the offer. || || || || || || || ||
Was it proper for the wife's attorney to recommend that the wife accept the
|| || || || || || || || || || || || ||
settlement offer?
|| ||
(A) No, because the attorney did not obtain the wife's informed consent to
|| || || || || || || || || || || || ||
the conflict of interest created b - CORRECT ANSWER✔✔-(B) No, because the
|| || || || || || || || || || ||
proposed settlement restricted the attorney's right to represent the wife in
|| || || || || || || || || || || ||
the future. ||
An experienced oil and gas developer asked an attorney to represent him in
|| || || || || || || || || || || || ||
a suit to establish the developer's ownership of certain oil and gas royalties.
|| || || || || || || || || || || || ||
The developer did not have available the necessary funds to pay the
|| || || || || || || || || || || ||
attorney's reasonable hourly rate for undertaking the case and proposed
|| || || || || || || || || ||
instead that, if he prevailed in the lawsuit, he would pay the attorney 20%
|| || || || || || || || || || || || || ||
of the first year's royalties recovered in the suit. Twenty percent of the first
|| || || || || || || || || || || || || ||
,year's royalties would likely exceed the amount that the attorney would have
|| || || || || || || || || || ||
received from charging his regular hourly rate. The attorney accepted the
|| || || || || || || || || || || ||
proposal.
Is the attorney subject to discipline?
|| || || || ||
(A) Yes, because the agreement gave the attorney a proprietary interest in
|| || || || || || || || || || || ||
the developer's cause of action.
|| || || ||
(B) Yes, because the fee was likely to exceed the amount that the attorney
|| || || || || || || || || || || || || ||
would have received from charging his regular hourly rate.
|| || || || || || || ||
(C) No, because the developer rathe - CORRECT ANSWER✔✔-(D) No, because
|| || || || || || || || || ||
the attorney may contract with the developer for a reasonable contingent
|| || || || || || || || || || || ||
fee.
An attorney represents a company that produces chemical products. Some of
|| || || || || || || || || ||
the waste products of the company's manufacturing processes are highly
|| || || || || || || || || || ||
toxic and are reasonably certain to cause substantial bodily harm if disposed
|| || || || || || || || || || || ||
of improperly. The president of the company recently informed the attorney
|| || || || || || || || || || ||
that a new employee mistakenly disposed of the waste products in the
|| || || || || || || || || || || ||
ground behind the company plant, an area that is part of the source of the
|| || || || || || || || || || || || || || ||
city's water supply. The attorney advised the president that, although the
|| || || || || || || || || || ||
conduct was not criminal, the company could be civilly liable for negligence
|| || || || || || || || || || || ||
in lawsuits brought by any persons harmed by the waste products. The
|| || || || || || || || || || || ||
attorney advised the president to immediately report the problem to city
|| || || || || || || || || || ||
authorities. Fearful of adverse publicity, the president declined to do so. The
|| || || || || || || || || || || ||
attorney further advised the president that she believed the president's
|| || || || || || || || || ||
decision was immoral. The president conti - CORRECT ANSWER✔✔-(C) No,
|| || || || || || || || || ||
because the attorney reasonably believed that the company's disposal of the
|| || || || || || || || || || ||
waste products was reasonably certain to cause substantial bodily harm.
|| || || || || || || || ||
, An attorney worked in the legal department of a public utility company and
|| || || || || || || || || || || || ||
represented that company in litigation. The company was sued by a
|| || || || || || || || || || ||
consumer group which alleged that the company was guilty of various acts in
|| || || || || || || || || || || ||
violation of its charter. Through its general counsel, the company instructed
|| || || || || || || || || || || ||
the attorney not to negotiate a settlement but to go to trial under any
|| || || || || || || || || || || || || ||
circumstances since a precedent needed to be established. Although the
|| || || || || || || || || ||
company's defense could be supported by a good faith argument, the
|| || || || || || || || || || ||
attorney believed that the case should be settled if possible.
|| || || || || || || || ||
Must the attorney withdraw as counsel in this case?
|| || || || || || || ||
(A) No, because as an employee, the attorney is bound by the instructions of
|| || || || || || || || || || || || ||
the general counsel.
|| || ||
(B) No, because the company's defense can be supported by a good faith
|| || || || || || || || || || || || ||
argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
|| || || || || || || || ||
(D) Yes, because the company is controlling the attorney's judgment -
|| || || || || || || || || || ||
CORRECT ANSWER✔✔-(B) No, because the company's defense can be
|| || || || || || || || ||
supported by a good faith argument. || || || || ||
An attorney represented a client who was the plaintiff in a personal injury
|| || || || || || || || || || || || ||
action. The personal injury action was settled, and the attorney received a
|| || || || || || || || || || || ||
check in the amount of $10,000 payable to the attorney. The attorney
|| || || || || || || || || || || ||
deposited the check in her clients' trust account.
|| || || || || || ||
One day later, the attorney received a letter from a bank, which had heard
|| || || || || || || || || || || || || ||
of the settlement of the personal injury lawsuit. The bank informed the
|| || || || || || || || || || || ||
attorney that the client had failed to make his monthly mortgage payments
|| || || || || || || || || || || ||
for the last three months and demanded that the attorney immediately
|| || || || || || || || || || ||
release $900 of the proceeds of the settlement to the bank or the bank
|| || || || || || || || || || || || || ||
