BARBRI MPRE Test Questions

BARBRI MPRE Test Questions A lawyer is not permitted to report another lawyers violation of the rules of professional conduct if: - The lawyer learned about the violation through a priviledged communjcation with one of his clients A contingent fee may be valid even if it is: - Not based on the amount recovered by the client T or F: a contingent fee may be oral - False. A contingent fee must be in writing and signed by the client A written contingent fee must state - How the fee is calculated, what expenses are to be deducted, whether educations of expenses are made before or after the fee is calculated, and what expenses the client must pay whether or not she wins the case A contingent fee is not permitted in what types of cases? - Criminal and domestic relations The ultimate power to regulate the legal profession rests with: - The highest court in the state What is the lawyers duty regarding confidential information supplied by client with diminished capacity who face is a risk of substantial physical, financial, or other harm - The lawyer has implied authority to reveal the clients confidential information, but only to the extent necessary to protect the client Under the model rules of professional conduct, lawyer is subject to discipline for committing any criminal act... - That reflect adversely on her honesty, trustworthiness, or fitness as a lawyer in other respects A lawyer client relationship arises when: - - a person manifest an intent that the lawyer provide legal services - and the lawyer agrees T or F: a Lawyer paying a small portion of his fee to another lawyer who had recommended him to the client is a proper fee splitting arrangement - False. A lawyer cannot split fees with a referring lawyer T or F: in determining whether an nonlawyers activity should be considered the unauthorized practice of law, examining whether an exchange for payment is pro bono or not is irrelevant - True. Whether someone was paid for their services or not doesn't matter in the determination Difference between a retainer fee and a payment in advance: - - retainer: money paid solely to ensure future availability of the lawyer - payment in advance: payment for services yet to be rendered A lawyer who was admitted to practice law in one state, but improperly practices in another state, will be subject to disciplinary rules of: - Both states What types of crimes would be sufficient basis by itself to deny an candidates application to practice law? - A conviction of a crime involving moral turpitude T or F: When a lawyer is representing a corporation, there is no need for a corporate employee to explicitly invoke the attorney-client privilege for the privilege to apply. - True Does information have to be passed directly between the attorney and the client for it to be protected by attorney-client privilege? - No. Communications can be passed between agents of the client or the attorney as well and still be protected. T or F: for a communication to be deemed confidential, the communicating person must say so. - False. All that is required is that there is a "reasonable" belief that the communication was confidential. It doesn't even matter if someone was secretly listening in on the conversation. T or F: The attorney-client privilege exists for the benefit of both the client and the attorney. - False. The attorney-client privilege exists to benefit the client only. T or F: the client is the "holder" of attorney-client