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Examen

MPRE Practice Questions With Correct Answers

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MPRE Practice Questions With Correct Answers

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MPRE Practice Questions With Correct
Answers

1. Conglomerate Corporation owns a little more than half the stock of Giant
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Company. Conglomerate's stock, in turn, is public, available on the public stock
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exchange, as is the remainder of the stock in Giant Company. The president of
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Conglomerate Corporation has asked Attorney Stevenson to represent Giant
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Company in a deal by which Giant would make a proposed transfer of certain real
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|property to Conglomerate Corporation. The property in question is unusual
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because it contains an underground particle collider used for scientific research,
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but also valuable farmland on the surface, as well as some valuable mineral rights
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|in another part of the parcel. These factors make the property value difficult to
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assess by reference to the general real-estate market, which means it is difficult
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for anyone to determine the fairness of the transfer price in the proposed deal.
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Would it be proper for Attorney Stevenson to facilitate - CORRECT ANSWER✔✔-d)
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|No, not unless the attorney first obtains effective informed consent of the
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management of Giant Company, as well as that of Conglomerate, because the
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ownership of Conglomerate and Giant is not identical, and their interests
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materially differ in the proposed transaction.
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RESTATEMENT § 131 | |




2. Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces
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criminal charges of discussing prices with the president of a competing firm. If
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found guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil
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|and criminal penalties under state and federal antitrust laws. An attorney has
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been representing Conglomerate Corporation. She has conducted a thorough
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investigation of the matter, and she has personally concluded that no such pricing
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,discussions occurred. Both Conglomerate Corporation and Mr. Burns plan to
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defend on that ground. Mr. Burns has asked the attorney to represent him, as
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well as Conglomerate Corporation, in the proceedings. The legal and factual
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defenses of Conglomerate Corporation and Mr. Burns seem completely consistent
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at the outset of the matter. Would the attorney need to obtain informed consent
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to a conflict of interest from both Mr. Burns and a separate corp - CORRECT
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ANSWER✔✔-a) Yes, the likelihood of conflicting positions | | | | | |




in such matters as plea bargaining requires the attorney to obtain the informed
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consent of both clients before proceeding with the representation.
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RESTATEMENT § 131 | |




3. An attorney decides to purchase "litigation cost protection" insurance for
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matters she handles on a contingency fee basis. Plaintiffs' lawyers can buy this
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type of insurance on a case-by-case basis, for a one-time premium payment. The
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insurance is available for purchase up to three months after the filing of the initial
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|complaint. Note that this policy is separate and distinct from malpractice liability
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insurance. The purpose of this type of insurance is to reimburse the attorney for
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litigation costs advanced by the attorney - only in the event of a trial loss. Do the
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Model Rules of Professional Conduct prohibit the attorney from purchasing
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litigation cost protection insurance for her contingency fee cases?
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a) Yes, because the client and the attorney may have different cost-benefit
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calculations.


b) Yes, for an attorney may prefer that his
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,client accept a low settlement offer to ensure that the attorney receives -
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CORRECT ANSWER✔✔-d) No, the attorney may purchase litigation cost
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protection insurance so long as she does not allow the terms of the coverage to
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adversely affect her independent professional judgment, the client-lawyer
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relationship, or the client's continuing best interests. | | | | | |




N.C Formal Ethics Op. 2018-6
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4. An attorney purchased "litigation cost protection" insurance at the outset of
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representing a plaintiff in a personal injury case. When the attorney recovered
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funds for the client through a settlement or favorable trial verdict, the attorney
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proposed to receive reimbursement for the insurance premium from the
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judgment or settlement funds. The attorney disclosed the cost of the insurance to
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|the client as part of the representation agreement. Was it proper for the attorney
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|to include in a client's fee agreement a provision allowing the attorney's
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purchase of litigation cost protection insurance and requiring reimbursement of
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the insurance premium from the client's funds in the event of a settlement or
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favorable trial verdict? | |




a) Yes, because the Model Rules do not purport to regulate insurance for lawyers,
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which is a matter of state statute.
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b) Yes, if the amount charged to the client is fair and reasonable, and t - CORRECT
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|ANSWER✔✔-b) Yes, if the amount charged to the client is fair and reasonable, | | | | | | | | | | | | |


and the lawyer fully explains to the client what litigation cost protection
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insurance is, why the lawyer believes a litigation cost protection policy will serve
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the client's best interests, that the client should get the advice of independent
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legal counsel regarding the arrangement, that other lawyers may advance the
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, client's costs without charging the client the cost of a litigation cost protection
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policy; and the client gives informed consent in writing, while the lawyer
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maintains independent professional judgment. | | |




N.C Formal Ethics Op. 2018-6
| | | |




5. Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces
| | | | | | | | | | | |


criminal charges of discussing prices with the president of a competing firm. If
| | | | | | | | | | | | |


found guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil
| | | | | | | | | | | |


|and criminal penalties under state and federal antitrust laws. An attorney has
| | | | | | | | | | | |


been representing Conglomerate Corporation. She has conducted a thorough
| | | | | | | | |


investigation of the matter, and she has personally concluded that such pricing
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discussions did in fact occur. Both Mr. Burns and Conglomerate Corporation have
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stopped their denials, and they now concede that the pricing discussions took
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place. One of Mr. Burns' defenses will be that the former general counsel of
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Conglomerate Corporation had advised Mr. Burns that a discussion of general
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pricing practices with a competitor would not be illegal. In contrast,
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Conglomerate Corporation denies that this was the legal advice given, a -
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CORRECT ANSWER✔✔-d) No, the conflicting positions between Conglomerate
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and Mr. Burns are so great that the same lawyer cannot provide adequate legal
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representation to both, so consent to the conflict is ineffective. | | | | | | | | |




N.C Formal Ethics Op. 2018-6
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6. Big Firm represents hundreds of corporate clients out of a dozen offices in
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different states. The firm has no formal procedures in place to check for conflicts
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at the outset of representation for new clients, but the managing partner of the
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firm has an incredible memory and has never failed to spot a potential conflict of
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interest in the past. An attorney agrees to represent a new corporate client that
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Subido en
7 de abril de 2026
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