MPRE QUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
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? - 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) - 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? - 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: - 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: - 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? - 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? - 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 - 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? - 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 - ANSWER * Dual Professions: It's okay
BUT, you can't you your dual to solicit legal business.
Attorney/client privilege does not apply in the dual profession.
Law related services - ANSWER OK to provide services reasonably performed in conjunction with and
related to legal services
Note: Non-legal and legal provided together: the rules apply to both.
Non-legal services provided by entity controlled by the lawyer - ANSWER Lawyer must assure that client
knows of their interest and that it is not legal services. Failure to do so will mean: the rules apply to
everything.
Restrictions on the right to practice - ANSWER Generally: Can't do it
Exceptions:
1) Retirement
2) To settle a claim between firm and attorney
SOLUTIONS 2024
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? - 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) - 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? - 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: - 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: - 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? - 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? - 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 - 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? - 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 - ANSWER * Dual Professions: It's okay
BUT, you can't you your dual to solicit legal business.
Attorney/client privilege does not apply in the dual profession.
Law related services - ANSWER OK to provide services reasonably performed in conjunction with and
related to legal services
Note: Non-legal and legal provided together: the rules apply to both.
Non-legal services provided by entity controlled by the lawyer - ANSWER Lawyer must assure that client
knows of their interest and that it is not legal services. Failure to do so will mean: the rules apply to
everything.
Restrictions on the right to practice - ANSWER Generally: Can't do it
Exceptions:
1) Retirement
2) To settle a claim between firm and attorney
