Multistate Professional Responsibility
Examination (MPRE) Questions And
Correct Answers (Verified Answers) Plus
Rationales 2026 Q&A | Instant
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Question 1 An attorney represents a defendant charged with felony assault. Two
days before the trial is scheduled to begin, the defendant confesses to the
attorney that he did, in fact, severely beat the victim. The defendant insists on
taking the stand to testify that he was in another state at the time of the assault.
The attorney has attempted to dissuade the client from testifying falsely, but the
client remains adamant. What is the proper course of action for the attorney? A.
Immediately withdraw from representation without informing the court of the
client's intent to commit perjury. B. Allow the client to testify in a narrative format
so that the attorney does not actively elicit the false testimony. C. Refuse to call
the client as a witness, or if the client takes the stand, disclose the intended
perjury to the tribunal if necessary to prevent it. D. Call the client to the stand and
question him normally, then argue the client's testimony in closing arguments as if
it were true.
Answer 3 is correct. Rationale: Under ABA Model Rule 3.3 (Candor Toward the
Tribunal), a lawyer must not knowingly offer false evidence. If a lawyer knows
that a client intends to testify falsely, the lawyer must advise the client against
it. If the client refuses, the lawyer should seek to withdraw. If withdrawal is not
permitted or will not remedy the situation, the lawyer must take reasonable
remedial measures, which may include disclosing the matter to the court. A
lawyer cannot permit narrative testimony in most jurisdictions under the Model
Rules, nor can they refuse to allow a criminal defendant to testify unless they
,know the testimony will be false; here, because the lawyer knows it is false, the
lawyer must prevent the perjury, up to disclosure to the court.
Question 2 An attorney is hired by a plaintiff to bring a medical malpractice suit
against a surgeon. The attorney agrees to handle the case on a 30% contingency
fee basis. The fee agreement is reduced to writing and signed by both the attorney
and the client. The case goes to trial, and the jury awards the plaintiff $100,000.
The attorney receives the check from the defendant made out to the attorney's
trust account. The attorney notifies the client immediately upon receipt. The
client, however, disputes the fee, claiming that the attorney agreed to a 20%
contingency fee. What must the attorney do with the funds? A. Transfer $30,000
to the attorney's personal account and $70,000 to the client, since the written
agreement governs. B. Retain $30,000 in the client trust account and distribute
$70,000 to the client until the fee dispute is resolved. C. Retain the entire
$100,000 in the client trust account until the dispute is fully resolved by
agreement or arbitration. D. Retain $10,000 in the client trust account, distribute
$70,000 to the client, and transfer $20,000 to the attorney's business account.
Answer 2 is correct. Rationale: Under Model Rule 1.15 (Safekeeping Property),
when a lawyer is in possession of property in which two or more persons (one of
whom may be the lawyer) claim interests, the property must be kept separate by
the lawyer until the dispute is resolved. The lawyer must promptly distribute all
portions of the property as to which the interests are not in dispute. Here, the
client agrees the lawyer is entitled to 20% ($20,000) and the client is entitled to
70% ($70,000). The only disputed portion is the 10% ($10,000) difference
between the 20% and 30%. Therefore, the lawyer must distribute the undisputed
$70,000 to the client and the undisputed $20,000 to himself, keeping the
disputed $10,000 in the trust account. Retaining the full $30,000 in trust is also a
standard protective action when a specific fee percentage itself is fully
contested, but under strict application of the undisputed distribution rule,
retaining the disputed portion ($10,000) while holding the attorney's claimed
portion in trust is required. To ensure no commingling or withholding of
undisputed client funds, the attorney leaves the disputed $10,000 in the trust
account alongside the undisputed fee if the client objects to any withdrawal, but
,the minimum required to stay in trust is the disputed amount. Holding exactly
$30,000 in the trust account protects the attorney's claim while giving the client
their undisputed $70,000.
Question 3 A judge is presiding over a complex civil antitrust case. One of the
expert witnesses for the plaintiff is a corporate economist who happens to be a
member of the same local country club as the judge. The judge and the economist
occasionally play golf together in random foursomes organized by the club, but
they do not socialise privately outside of the club. The defense discovers this
relationship and files a motion to recuse the judge based on an appearance of
partiality. How should the judge rule on the motion? A. Deny the motion, because
casual social interactions within a recreational club do not create a reasonable
question regarding the judge's impartiality. B. Grant the motion, because any
social interaction with a witness in a pending matter creates an impermissible
appearance of impropriety. C. Deny the motion, provided that the judge discloses
the relationship on the record and obtains a written waiver from both parties. D.
Grant the motion, because a judge must avoid all personal relationships with
individuals involved in a matter before the court.
Answer 1 is correct. Rationale: Under Canon 2 of the Code of Judicial Conduct, a
judge must perform the duties of judicial office impartially and competently, and
rule on disqualification when the judge's impartiality might reasonably be
questioned. Ordinary, casual social interactions, such as being members of the
same country club or playing golf in random groupings, do not rise to the level
of creating a reasonable doubt about a judge's fairness or independence,
provided there is no close personal friendship or financial relationship involved.
Question 4 An attorney represents a client who is a real estate developer. The
client informs the attorney that he is planning to secure a massive bank loan by
utilizing a set of falsified financial statements that artificially inflate the value of
his current property holdings. The client asks the attorney to draft the formal loan
documentation to submit to the bank. The attorney refuses to draft the
documents and strongly advises the client against committing fraud. The client
leaves the office angry, and the attorney reasonably believes the client will find
, another lawyer or attempt to submit the documents himself. May the attorney
disclose this information to the bank? A. No, because the information constitutes
a confidential client communication and no physical bodily harm is threatened. B.
Yes, because a lawyer may reveal confidential information to the extent necessary
to prevent the client from committing a crime or fraud that is reasonably certain
to result in substantial injury to the financial interests of another, in furtherance of
which the client has used or is using the lawyer's services. C. No, because the
attorney's services were not ultimately utilized by the client to commit the fraud
since the attorney refused to draft the documents. D. Yes, because a lawyer has a
mandatory duty to prevent any client from committing a felony under federal or
state law.
Answer 3 is correct. Rationale: Under Model Rule 1.6(b)(2), a lawyer may reveal
confidential client information to prevent a client from committing a fraud
reasonably certain to cause substantial financial injury, but only if the client has
used or is using the lawyer's services in furtherance of that fraud. Because the
attorney refused to draft the documents and did not provide any services that
assisted the fraud, this exception does not apply, and the core duty of
confidentiality under Rule 1.6(a) prevents disclosure.
Question 5 An experienced corporate attorney is approached by a close friend
who has just been arrested for operating a motor vehicle under the influence of
alcohol. The attorney's practice is strictly limited to corporate mergers and
acquisitions, and she has never handled a criminal defense or traffic matter in her
fifteen years of practice. The friend is desperate and asks the attorney to
represent him at his arraignment the following morning. The attorney cannot
reasonably find another qualified lawyer before the hearing. What may the
attorney do? A. Refuse to assist the client because she lacks the necessary legal
competence in criminal law required under the rules. B. Assist the client at the
arraignment by providing representation limited to what is reasonably necessary
under the emergency circumstances. C. Accept full representation of the client for
the duration of the case, provided she does not charge a fee for her services. D.
Represent the client only if she can consult with an experienced criminal law
expert prior to appearing in court the next morning.
Examination (MPRE) Questions And
Correct Answers (Verified Answers) Plus
Rationales 2026 Q&A | Instant
Download Pdf
Question 1 An attorney represents a defendant charged with felony assault. Two
days before the trial is scheduled to begin, the defendant confesses to the
attorney that he did, in fact, severely beat the victim. The defendant insists on
taking the stand to testify that he was in another state at the time of the assault.
The attorney has attempted to dissuade the client from testifying falsely, but the
client remains adamant. What is the proper course of action for the attorney? A.
Immediately withdraw from representation without informing the court of the
client's intent to commit perjury. B. Allow the client to testify in a narrative format
so that the attorney does not actively elicit the false testimony. C. Refuse to call
the client as a witness, or if the client takes the stand, disclose the intended
perjury to the tribunal if necessary to prevent it. D. Call the client to the stand and
question him normally, then argue the client's testimony in closing arguments as if
it were true.
Answer 3 is correct. Rationale: Under ABA Model Rule 3.3 (Candor Toward the
Tribunal), a lawyer must not knowingly offer false evidence. If a lawyer knows
that a client intends to testify falsely, the lawyer must advise the client against
it. If the client refuses, the lawyer should seek to withdraw. If withdrawal is not
permitted or will not remedy the situation, the lawyer must take reasonable
remedial measures, which may include disclosing the matter to the court. A
lawyer cannot permit narrative testimony in most jurisdictions under the Model
Rules, nor can they refuse to allow a criminal defendant to testify unless they
,know the testimony will be false; here, because the lawyer knows it is false, the
lawyer must prevent the perjury, up to disclosure to the court.
Question 2 An attorney is hired by a plaintiff to bring a medical malpractice suit
against a surgeon. The attorney agrees to handle the case on a 30% contingency
fee basis. The fee agreement is reduced to writing and signed by both the attorney
and the client. The case goes to trial, and the jury awards the plaintiff $100,000.
The attorney receives the check from the defendant made out to the attorney's
trust account. The attorney notifies the client immediately upon receipt. The
client, however, disputes the fee, claiming that the attorney agreed to a 20%
contingency fee. What must the attorney do with the funds? A. Transfer $30,000
to the attorney's personal account and $70,000 to the client, since the written
agreement governs. B. Retain $30,000 in the client trust account and distribute
$70,000 to the client until the fee dispute is resolved. C. Retain the entire
$100,000 in the client trust account until the dispute is fully resolved by
agreement or arbitration. D. Retain $10,000 in the client trust account, distribute
$70,000 to the client, and transfer $20,000 to the attorney's business account.
Answer 2 is correct. Rationale: Under Model Rule 1.15 (Safekeeping Property),
when a lawyer is in possession of property in which two or more persons (one of
whom may be the lawyer) claim interests, the property must be kept separate by
the lawyer until the dispute is resolved. The lawyer must promptly distribute all
portions of the property as to which the interests are not in dispute. Here, the
client agrees the lawyer is entitled to 20% ($20,000) and the client is entitled to
70% ($70,000). The only disputed portion is the 10% ($10,000) difference
between the 20% and 30%. Therefore, the lawyer must distribute the undisputed
$70,000 to the client and the undisputed $20,000 to himself, keeping the
disputed $10,000 in the trust account. Retaining the full $30,000 in trust is also a
standard protective action when a specific fee percentage itself is fully
contested, but under strict application of the undisputed distribution rule,
retaining the disputed portion ($10,000) while holding the attorney's claimed
portion in trust is required. To ensure no commingling or withholding of
undisputed client funds, the attorney leaves the disputed $10,000 in the trust
account alongside the undisputed fee if the client objects to any withdrawal, but
,the minimum required to stay in trust is the disputed amount. Holding exactly
$30,000 in the trust account protects the attorney's claim while giving the client
their undisputed $70,000.
Question 3 A judge is presiding over a complex civil antitrust case. One of the
expert witnesses for the plaintiff is a corporate economist who happens to be a
member of the same local country club as the judge. The judge and the economist
occasionally play golf together in random foursomes organized by the club, but
they do not socialise privately outside of the club. The defense discovers this
relationship and files a motion to recuse the judge based on an appearance of
partiality. How should the judge rule on the motion? A. Deny the motion, because
casual social interactions within a recreational club do not create a reasonable
question regarding the judge's impartiality. B. Grant the motion, because any
social interaction with a witness in a pending matter creates an impermissible
appearance of impropriety. C. Deny the motion, provided that the judge discloses
the relationship on the record and obtains a written waiver from both parties. D.
Grant the motion, because a judge must avoid all personal relationships with
individuals involved in a matter before the court.
Answer 1 is correct. Rationale: Under Canon 2 of the Code of Judicial Conduct, a
judge must perform the duties of judicial office impartially and competently, and
rule on disqualification when the judge's impartiality might reasonably be
questioned. Ordinary, casual social interactions, such as being members of the
same country club or playing golf in random groupings, do not rise to the level
of creating a reasonable doubt about a judge's fairness or independence,
provided there is no close personal friendship or financial relationship involved.
Question 4 An attorney represents a client who is a real estate developer. The
client informs the attorney that he is planning to secure a massive bank loan by
utilizing a set of falsified financial statements that artificially inflate the value of
his current property holdings. The client asks the attorney to draft the formal loan
documentation to submit to the bank. The attorney refuses to draft the
documents and strongly advises the client against committing fraud. The client
leaves the office angry, and the attorney reasonably believes the client will find
, another lawyer or attempt to submit the documents himself. May the attorney
disclose this information to the bank? A. No, because the information constitutes
a confidential client communication and no physical bodily harm is threatened. B.
Yes, because a lawyer may reveal confidential information to the extent necessary
to prevent the client from committing a crime or fraud that is reasonably certain
to result in substantial injury to the financial interests of another, in furtherance of
which the client has used or is using the lawyer's services. C. No, because the
attorney's services were not ultimately utilized by the client to commit the fraud
since the attorney refused to draft the documents. D. Yes, because a lawyer has a
mandatory duty to prevent any client from committing a felony under federal or
state law.
Answer 3 is correct. Rationale: Under Model Rule 1.6(b)(2), a lawyer may reveal
confidential client information to prevent a client from committing a fraud
reasonably certain to cause substantial financial injury, but only if the client has
used or is using the lawyer's services in furtherance of that fraud. Because the
attorney refused to draft the documents and did not provide any services that
assisted the fraud, this exception does not apply, and the core duty of
confidentiality under Rule 1.6(a) prevents disclosure.
Question 5 An experienced corporate attorney is approached by a close friend
who has just been arrested for operating a motor vehicle under the influence of
alcohol. The attorney's practice is strictly limited to corporate mergers and
acquisitions, and she has never handled a criminal defense or traffic matter in her
fifteen years of practice. The friend is desperate and asks the attorney to
represent him at his arraignment the following morning. The attorney cannot
reasonably find another qualified lawyer before the hearing. What may the
attorney do? A. Refuse to assist the client because she lacks the necessary legal
competence in criminal law required under the rules. B. Assist the client at the
arraignment by providing representation limited to what is reasonably necessary
under the emergency circumstances. C. Accept full representation of the client for
the duration of the case, provided she does not charge a fee for her services. D.
Represent the client only if she can consult with an experienced criminal law
expert prior to appearing in court the next morning.
