MPRE EXAM QUESTIONS WITH
CORRECT ANSWERS
U.S. Supreme Court says state requirements for admission to bar need
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to be rationally related to the practice of law.
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What is rationally related?
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What is NOT rational? - CORRECT ANSWER✔✔-Graduation from an ABA
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accredited law school (Not required though)
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Refusal to take an oath to uphold US/State constitution.
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Not Rational:
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US Citizenship
|
Residency
Lawyer self regulation.
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,What MUST you do when you know of a violation? (2) - CORRECT
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ANSWER✔✔-Must report what you know unless protected under secret | | | | | | | |
or confidence.
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Must be available to testify against that lawyer (no anonymous tips).
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Does committing a crime by itself warrant discipline? - CORRECT
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ANSWER✔✔-Not unless the crime is relevant to the practice of law (a | | | | | | | | | | | |
one time DUI is not enough).
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A lawyer who commits fraud in the conduct of a business is subject to
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discipline, even if the lawyer is not active in the practice of law.
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No statute of limitations
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Supervisor responsible for acts of subordinate if: - CORRECT
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ANSWER✔✔-The supervisor knew of misconduct at a time when | | | | | | | | |
consequences can be avoided or mitigated and the lawyer didn't do
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anything about it and the lawyer fails to take reasonable remedial
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action.
OR
if the violation raises a substantial question of character and the
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supervisor either ordered or ratified the conduct.
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,If you're a subordinate, you're not responsible for your acts if: -
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CORRECT ANSWER✔✔-1) you were told to do it
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2) its at least arguable that what you did you thought was okay to do.
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Unauthorized practice of law; The following activities require a license
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(and constitute the "practice of law").
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What activities don't need a license? - CORRECT ANSWER✔✔-1)
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appearing in court or depositions | | | |
2) drafting legal documents that affect substantial client rights (ok if
| | | | | | | | | | |
lawyer signs off) | |
3) Negotiate settlements
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These activities don't need a license:
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1) Interview people
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2) Fill out forms
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3) Draft legal memos
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Fee division with a non lawyer, General Rule? - CORRECT ANSWER✔✔-
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General Rule: Don't do it | | | |
Exceptions:
, 1) heirs of deceased attorney
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2) Employees in the form of salaries and as a part of a pension or bonus
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plans
Also: Lawyer may share court-awarded legal fees with a nonprofit
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organization that employed, retained or recommended employment of
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the lawyer in the matter.
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The law firm and other forms of practice - CORRECT ANSWER✔✔-
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Lawyers must not imply that they are partners or otherwise associated
| | | | | | | | | | |
with each other in a law firm unless they really are. As to the public, the
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law firm includes lawyers who frequently consult, work jointly, and have
| | | | | | | | | |
|access to each other's files.
| | | |
Who can be partners in a law firm? - CORRECT ANSWER✔✔-Only lawyer
| | | | | | | | | | |
can be partners, or officers if we're dealing with a corporation, if any
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part of the partnership business is the practice of law.
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Except: Shareholders and it's only temporary by operation of law.
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Relationship of the Dual Profession Lawyer with Non-Lawyers -
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CORRECT ANSWER✔✔-* Dual Professions: It's okay
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CORRECT ANSWERS
U.S. Supreme Court says state requirements for admission to bar need
| | | | | | | | | | |
to be rationally related to the practice of law.
| | | | | | | |
What is rationally related?
| | |
What is NOT rational? - CORRECT ANSWER✔✔-Graduation from an ABA
| | | | | | | | | |
accredited law school (Not required though)
| | | | |
Refusal to take an oath to uphold US/State constitution.
| | | | | | | |
Not Rational:
|
US Citizenship
|
Residency
Lawyer self regulation.
| |
,What MUST you do when you know of a violation? (2) - CORRECT
| | | | | | | | | | | | |
ANSWER✔✔-Must report what you know unless protected under secret | | | | | | | |
or confidence.
| |
Must be available to testify against that lawyer (no anonymous tips).
| | | | | | | | | |
Does committing a crime by itself warrant discipline? - CORRECT
| | | | | | | | | |
ANSWER✔✔-Not unless the crime is relevant to the practice of law (a | | | | | | | | | | | |
one time DUI is not enough).
| | | | |
A lawyer who commits fraud in the conduct of a business is subject to
| | | | | | | | | | | | | |
discipline, even if the lawyer is not active in the practice of law.
| | | | | | | | | | | |
No statute of limitations
| | |
Supervisor responsible for acts of subordinate if: - CORRECT
| | | | | | | | |
ANSWER✔✔-The supervisor knew of misconduct at a time when | | | | | | | | |
consequences can be avoided or mitigated and the lawyer didn't do
| | | | | | | | | | |
anything about it and the lawyer fails to take reasonable remedial
| | | | | | | | | | |
action.
OR
if the violation raises a substantial question of character and the
| | | | | | | | | | |
supervisor either ordered or ratified the conduct.
| | | | | |
,If you're a subordinate, you're not responsible for your acts if: -
| | | | | | | | | | | |
CORRECT ANSWER✔✔-1) you were told to do it
| | | | | | |
2) its at least arguable that what you did you thought was okay to do.
| | | | | | | | | | | | | |
Unauthorized practice of law; The following activities require a license
| | | | | | | | | |
(and constitute the "practice of law").
| | | | | |
What activities don't need a license? - CORRECT ANSWER✔✔-1)
| | | | | | | | |
appearing in court or depositions | | | |
2) drafting legal documents that affect substantial client rights (ok if
| | | | | | | | | | |
lawyer signs off) | |
3) Negotiate settlements
| |
These activities don't need a license:
| | | | |
1) Interview people
| |
2) Fill out forms
| | |
3) Draft legal memos
| | |
Fee division with a non lawyer, General Rule? - CORRECT ANSWER✔✔-
| | | | | | | | | |
General Rule: Don't do it | | | |
Exceptions:
, 1) heirs of deceased attorney
| | | |
2) Employees in the form of salaries and as a part of a pension or bonus
| | | | | | | | | | | | | | | |
plans
Also: Lawyer may share court-awarded legal fees with a nonprofit
| | | | | | | | | |
organization that employed, retained or recommended employment of
| | | | | | | |
the lawyer in the matter.
| | | |
The law firm and other forms of practice - CORRECT ANSWER✔✔-
| | | | | | | | | |
Lawyers must not imply that they are partners or otherwise associated
| | | | | | | | | | |
with each other in a law firm unless they really are. As to the public, the
| | | | | | | | | | | | | | | |
law firm includes lawyers who frequently consult, work jointly, and have
| | | | | | | | | |
|access to each other's files.
| | | |
Who can be partners in a law firm? - CORRECT ANSWER✔✔-Only lawyer
| | | | | | | | | | |
can be partners, or officers if we're dealing with a corporation, if any
| | | | | | | | | | | | | |
part of the partnership business is the practice of law.
| | | | | | | | |
Except: Shareholders and it's only temporary by operation of law.
| | | | | | | | |
Relationship of the Dual Profession Lawyer with Non-Lawyers -
| | | | | | | | |
CORRECT ANSWER✔✔-* Dual Professions: It's okay
| | | | |
