Complete MPRE Prep Guide Multiple-Choice Questions
with Rationales Based on ABA Model Rules
SECTION I: CLIENT-LAWYER RELATIONSHIP
Question 1
A lawyer is contacted by a potential client who wishes to discuss a complex
business dispute. The potential client provides detailed financial information
during the initial consultation. The lawyer ultimately decides not to take the case.
Two years later, the lawyer is approached by a new client in a matter that is
directly adverse to the original potential client's interests. Which of the following
is the lawyer PERMITTED to do?
A) Take the new case without restriction because no attorney-client relationship
was ever formed.
B) Take the new case only if the original potential client provides informed
consent in writing.
C) Decline the new case to avoid a conflict with the former prospective client.
D) Take the new case if the lawyer did not receive confidential information during
the consultation.
Answer: B
Rationale: Under ABA Model Rule 1.18 (Duties to Prospective Client), a lawyer who
receives confidential information from a prospective client is disqualified from
representing a client with materially adverse interests in the same or a
substantially related matter. The rule provides an exception if both the affected
client and the prospective client give informed consent, confirmed in writing.
Option A is wrong because a prospective client is treated similarly to a current
client regarding confidentiality and conflict screening, even if no formal attorney-
client relationship was formed. Option C is wrong because while the lawyer could
,decline the case, they are not required to do so if they can obtain proper informed
consent from the prospective client. Option D is wrong because the rule protects
any confidential information received during the consultation; the mere receipt of
such information triggers the conflict, regardless of how much was received.
Question 2
A lawyer represents a client in a divorce proceeding. During the representation,
the client confesses that the client has been hiding significant assets from the
court. The lawyer advises the client to disclose these assets. The client refuses.
What MUST the lawyer do?
A) Immediately withdraw from the representation.
B) Continue to represent the client but remain silent about the assets.
C) Withdraw from the representation and take reasonable steps to avoid assisting
the client in the fraudulent conduct.
D) Report the client to the court and disclose the hidden assets.
Answer: C
Rationale: Under Rule 1.2(d), a lawyer cannot assist a client in conduct the lawyer
knows is fraudulent. Under Rule 1.16(a)(1), the lawyer must withdraw if
continuing the representation will result in a violation of the rules. The lawyer
must also take reasonable steps to avoid further assistance (e.g., not filing
pleadings that rely on the hidden assets). Option A is wrong because withdrawal is
required, but simply withdrawing isn't enough—the lawyer must take reasonable
steps to avoid continuing to assist the fraud. Option B is wrong because remaining
silent while the client continues the fraud constitutes assisting the client in the
fraudulent scheme and violates Rule 1.2(d). Option D is wrong because the lawyer
cannot report the client's confidential communications to the court, as this would
violate Rule 1.6. The lawyer must withdraw and try to persuade the client to
correct the fraud but cannot disclose.
,Question 3
A lawyer has represented Client A for 10 years. Client A has now been declared
legally incompetent due to a severe stroke. Client A's adult child has been
appointed as the legal guardian. The guardian asks the lawyer to take legal action
regarding Client A's will. Which of the following is the lawyer's proper course of
action?
A) Continue to take instructions from Client A, as the attorney-client relationship
remains intact.
B) Take instructions from the guardian, as the guardian now stands in the client's
shoes.
C) Take instructions from the guardian only if the guardian provides informed
consent regarding the conflict of interest.
D) Withdraw from the representation immediately.
Answer: B
Rationale: Under Rule 1.14 (Client with Diminished Capacity), when a client's
capacity to make adequately considered decisions in connection with a
representation is diminished, the lawyer shall, as far as reasonably possible,
maintain a normal client-lawyer relationship. When the client has a legal
guardian, the lawyer must look to the guardian to make decisions on behalf of the
client. Option A is wrong because Client A no longer has the legal capacity to make
decisions. Option C is wrong because the guardian stands in the client's shoes; no
separate conflict waiver is needed simply to take instructions from the guardian.
Option D is wrong because withdrawal is not required merely because a guardian
has been appointed; the lawyer may continue the representation by working
through the guardian.
Question 4
A lawyer agrees to represent a client in a criminal matter. The client insists on
testifying in their own defense, despite the lawyer's professional advice that this is
, a poor strategy. The lawyer believes the client's testimony will be perjured. What
should the lawyer do?
A) Allow the client to testify because the client has the ultimate right to decide
whether to take the stand.
B) Seek to withdraw from the representation before trial.
C) Allow the client to testify but avoid eliciting the false testimony through direct
examination.
D) Disclose the client's intent to the court immediately.
Answer: B
Rationale: Under Rule 3.3 (Candor Toward the Tribunal), a lawyer shall not
knowingly offer false evidence. If the lawyer knows the client intends to testify
falsely, the lawyer must take reasonable remedial measures, including, if
necessary, seeking to withdraw from the representation. Option A is wrong
because while the client has the right to decide whether to testify, the lawyer
cannot knowingly participate in presenting false testimony. Option C is wrong
because even avoiding direct examination does not cure the ethical violation—the
lawyer would still be allowing false evidence to be presented. Option D is wrong
because the lawyer cannot disclose the client's confidential communications
without the client's consent; the proper course is to seek withdrawal.
Question 5
A lawyer charges a client $500 per hour for legal services. The lawyer's associate,
who is a first-year attorney, actually performs 75% of the work on the file at a
billing rate of $250 per hour. The lawyer does not inform the client that the
associate will be performing the work. The client is billed at the $500 rate for all
work performed, including the associate's time. Is this permissible?
A) Yes, because the lawyer is ultimately responsible for all work performed by the
associate.
B) No, because the client must be informed that an associate is performing the
with Rationales Based on ABA Model Rules
SECTION I: CLIENT-LAWYER RELATIONSHIP
Question 1
A lawyer is contacted by a potential client who wishes to discuss a complex
business dispute. The potential client provides detailed financial information
during the initial consultation. The lawyer ultimately decides not to take the case.
Two years later, the lawyer is approached by a new client in a matter that is
directly adverse to the original potential client's interests. Which of the following
is the lawyer PERMITTED to do?
A) Take the new case without restriction because no attorney-client relationship
was ever formed.
B) Take the new case only if the original potential client provides informed
consent in writing.
C) Decline the new case to avoid a conflict with the former prospective client.
D) Take the new case if the lawyer did not receive confidential information during
the consultation.
Answer: B
Rationale: Under ABA Model Rule 1.18 (Duties to Prospective Client), a lawyer who
receives confidential information from a prospective client is disqualified from
representing a client with materially adverse interests in the same or a
substantially related matter. The rule provides an exception if both the affected
client and the prospective client give informed consent, confirmed in writing.
Option A is wrong because a prospective client is treated similarly to a current
client regarding confidentiality and conflict screening, even if no formal attorney-
client relationship was formed. Option C is wrong because while the lawyer could
,decline the case, they are not required to do so if they can obtain proper informed
consent from the prospective client. Option D is wrong because the rule protects
any confidential information received during the consultation; the mere receipt of
such information triggers the conflict, regardless of how much was received.
Question 2
A lawyer represents a client in a divorce proceeding. During the representation,
the client confesses that the client has been hiding significant assets from the
court. The lawyer advises the client to disclose these assets. The client refuses.
What MUST the lawyer do?
A) Immediately withdraw from the representation.
B) Continue to represent the client but remain silent about the assets.
C) Withdraw from the representation and take reasonable steps to avoid assisting
the client in the fraudulent conduct.
D) Report the client to the court and disclose the hidden assets.
Answer: C
Rationale: Under Rule 1.2(d), a lawyer cannot assist a client in conduct the lawyer
knows is fraudulent. Under Rule 1.16(a)(1), the lawyer must withdraw if
continuing the representation will result in a violation of the rules. The lawyer
must also take reasonable steps to avoid further assistance (e.g., not filing
pleadings that rely on the hidden assets). Option A is wrong because withdrawal is
required, but simply withdrawing isn't enough—the lawyer must take reasonable
steps to avoid continuing to assist the fraud. Option B is wrong because remaining
silent while the client continues the fraud constitutes assisting the client in the
fraudulent scheme and violates Rule 1.2(d). Option D is wrong because the lawyer
cannot report the client's confidential communications to the court, as this would
violate Rule 1.6. The lawyer must withdraw and try to persuade the client to
correct the fraud but cannot disclose.
,Question 3
A lawyer has represented Client A for 10 years. Client A has now been declared
legally incompetent due to a severe stroke. Client A's adult child has been
appointed as the legal guardian. The guardian asks the lawyer to take legal action
regarding Client A's will. Which of the following is the lawyer's proper course of
action?
A) Continue to take instructions from Client A, as the attorney-client relationship
remains intact.
B) Take instructions from the guardian, as the guardian now stands in the client's
shoes.
C) Take instructions from the guardian only if the guardian provides informed
consent regarding the conflict of interest.
D) Withdraw from the representation immediately.
Answer: B
Rationale: Under Rule 1.14 (Client with Diminished Capacity), when a client's
capacity to make adequately considered decisions in connection with a
representation is diminished, the lawyer shall, as far as reasonably possible,
maintain a normal client-lawyer relationship. When the client has a legal
guardian, the lawyer must look to the guardian to make decisions on behalf of the
client. Option A is wrong because Client A no longer has the legal capacity to make
decisions. Option C is wrong because the guardian stands in the client's shoes; no
separate conflict waiver is needed simply to take instructions from the guardian.
Option D is wrong because withdrawal is not required merely because a guardian
has been appointed; the lawyer may continue the representation by working
through the guardian.
Question 4
A lawyer agrees to represent a client in a criminal matter. The client insists on
testifying in their own defense, despite the lawyer's professional advice that this is
, a poor strategy. The lawyer believes the client's testimony will be perjured. What
should the lawyer do?
A) Allow the client to testify because the client has the ultimate right to decide
whether to take the stand.
B) Seek to withdraw from the representation before trial.
C) Allow the client to testify but avoid eliciting the false testimony through direct
examination.
D) Disclose the client's intent to the court immediately.
Answer: B
Rationale: Under Rule 3.3 (Candor Toward the Tribunal), a lawyer shall not
knowingly offer false evidence. If the lawyer knows the client intends to testify
falsely, the lawyer must take reasonable remedial measures, including, if
necessary, seeking to withdraw from the representation. Option A is wrong
because while the client has the right to decide whether to testify, the lawyer
cannot knowingly participate in presenting false testimony. Option C is wrong
because even avoiding direct examination does not cure the ethical violation—the
lawyer would still be allowing false evidence to be presented. Option D is wrong
because the lawyer cannot disclose the client's confidential communications
without the client's consent; the proper course is to seek withdrawal.
Question 5
A lawyer charges a client $500 per hour for legal services. The lawyer's associate,
who is a first-year attorney, actually performs 75% of the work on the file at a
billing rate of $250 per hour. The lawyer does not inform the client that the
associate will be performing the work. The client is billed at the $500 rate for all
work performed, including the associate's time. Is this permissible?
A) Yes, because the lawyer is ultimately responsible for all work performed by the
associate.
B) No, because the client must be informed that an associate is performing the
