MPRE REVIEW QUESTIONS AND
ANSWERS WITH SOLUTIONS 2024
Who is the attorney's client when an insurance company hires the attorney to defend a policyholder? -
ANSWER Depending on state law, either the policyholder or the insurance company and the policyholder
jointly are the attorney's client when an insurance company hires the attorney to defend a policyholder.
Without the assistance of independent counsel, a client signed a retainer agreement with his lawyer that
included the following provisions: (a) The lawyer would spend no more than 20 hours on the matter; (b)
The client must arbitrate any legal malpractice claims; and (c) The lawyer's liability for any malpractice
issues would be capped at $10,000. What (if any) parts of this agreement are valid? - ANSWER Parts (a)
and (b) are valid. A lawyer may limit the scope of her representation (as in (a)) and may agree
prospectively with a client to arbitrate all matters (as in (b)). Part (c) is not valid. A lawyer cannot limit
her liability for malpractice unless the client was independently represented in negotiating the
agreement.
Client C, a 21 year old college student, was charged with possession of marijuana. C's mother wants to
hire Lawyer L to represent C. She agrees not to interfere in L's representation of C and not to sit in on or
ask about any meetings between C and L. Can L now take C's case under these conditions? - ANSWER L
cannot take C's case unless C gives informed consent. A lawyer must not accept compensation from a
third person for representing a client, unless: (i) The client gives informed consent, (ii) The third person
does not interfere with the lawyer's independence or the representation of the client, and (iii) The
arrangement does not compromise the client's confidential information.
Lawyer L represents co-plaintiffs A and B in a wrongful death suit. Defendant D offers A and B $1 million
as an aggregate settlement. L disclosed all of the terms of the offer to both A and B and made sure that
they had come to an agreement about how the settlement would be divided among them. Can L now
participate in the making of the aggregate settlement? - ANSWER Before L can participate in making the
aggregate settlement he must first receive informed consent from A and B in writing. Because L has not
done so, it is incorrect to say that he has met the requirements. The answer choice that adds the
requirement that he must recommend in writing that each client obtain separate, independent counsel
is also incorrect. There is no such requirement here.
At ABC law firm, Lawyer L represented C in the matter of C v. D, and was privy to a great deal of
confidential material from C. L then left ABC law firm and became an associate at JKM law firm. Can
another lawyer at JKM law firm now represent a new client, R, in the substantially related matter of R v.
C, even though L is disqualified under conflicts rules from representing R herself? - ANSWER If a lawyer
who is disqualified from representing a client joins a new firm, the new firm may be disqualified as well
unless the lawyer is properly screened and does not share fees from the matter, and the former client is
, given notice. Thus, another lawyer at JKM law firm can now represent a new client, R, in the substantially
related matter of R v. C, but only if L is properly screened, does not share fees from the matter, and C is
given notice. There is no requirement that C give informed consent, confirmed in writing.
__________ are forbidden from negotiating for private employment with a party (or the attorney for a
party) in a matter in which they are __________. - ANSWER Judges, arbitrators, mediators, third-party
neutrals, and other adjudicative officers are forbidden to negotiate for private employment with a party
(or the attorney for a party) in a matter in which they are participating personally and substantially.
Answers that include law clerks are incorrect, because they are subject to a special rule. They are
allowed to negotiate for private employment with a party (or the attorney for a party) in a matter in
which the law clerk is participating personally and substantially as long as they notify that judge/officer
in advance.
Lawyer L obtained confidential information during a consultation with Prospective Client P. Normally, L
and any other attorney at L's firm would be prohibited from representing Client C in the same or a
substantially related matter if such confidential information could significantly harm P. This conflict of
interest may be overcome by: - ANSWER This conflict of interest may be overcome by obtaining informed
consent, confirmed in writing, from P and C. Notifying P and C in writing, notifying only P in writing,
and/or obtaining informed consent from only P are not sufficient. Note that another way of overcoming
the conflict is to: (i) Demonstrate that the lawyer who held discussions with the prospective client took
care to avoid exposure to any more confidential information than was necessary to determine whether
to represent the prospective client; (ii) Demonstrate that the disqualified lawyer is timely screened from
any participation in the matter and will not share the fee (but he may take his ordinary salary or
partnership share); and (iii) Give written notice to the prospective client.
If a lawyer represents co-parties in a matter, and the parties' adversary makes an aggregate settlement
offer, the lawyer must not participate in negotiating the settlement offer unless all of the following
conditions are met: - ANSWER If a lawyer represents co-parties in a matter, and the parties' adversary
makes an aggregate settlement offer, the lawyer must not participate in negotiating the settlement offer
unless all of the following conditions are met: he must assure that his clients have come to an agreement
among themselves, disclose to each client the terms of the settlement, and each client must give
informed consent to the aggregate settlement agreement in writing. The answer choice "each client
must give informed consent to the aggregate settlement agreement in writing" is incorrect because it
omits certain requirements.
A lawyer __________ ask a client to consent to future conflicts __________. - ANSWER A lawyer may ask
a client to consent to future conflicts if (a) it is reasonable to do so and (b) the client truly understands
the particular kinds of conflicts that may arise and the consequences of consenting. It is not the case that
a lawyer may not ask a client to consent to future conflicts under any circumstances.
ANSWERS WITH SOLUTIONS 2024
Who is the attorney's client when an insurance company hires the attorney to defend a policyholder? -
ANSWER Depending on state law, either the policyholder or the insurance company and the policyholder
jointly are the attorney's client when an insurance company hires the attorney to defend a policyholder.
Without the assistance of independent counsel, a client signed a retainer agreement with his lawyer that
included the following provisions: (a) The lawyer would spend no more than 20 hours on the matter; (b)
The client must arbitrate any legal malpractice claims; and (c) The lawyer's liability for any malpractice
issues would be capped at $10,000. What (if any) parts of this agreement are valid? - ANSWER Parts (a)
and (b) are valid. A lawyer may limit the scope of her representation (as in (a)) and may agree
prospectively with a client to arbitrate all matters (as in (b)). Part (c) is not valid. A lawyer cannot limit
her liability for malpractice unless the client was independently represented in negotiating the
agreement.
Client C, a 21 year old college student, was charged with possession of marijuana. C's mother wants to
hire Lawyer L to represent C. She agrees not to interfere in L's representation of C and not to sit in on or
ask about any meetings between C and L. Can L now take C's case under these conditions? - ANSWER L
cannot take C's case unless C gives informed consent. A lawyer must not accept compensation from a
third person for representing a client, unless: (i) The client gives informed consent, (ii) The third person
does not interfere with the lawyer's independence or the representation of the client, and (iii) The
arrangement does not compromise the client's confidential information.
Lawyer L represents co-plaintiffs A and B in a wrongful death suit. Defendant D offers A and B $1 million
as an aggregate settlement. L disclosed all of the terms of the offer to both A and B and made sure that
they had come to an agreement about how the settlement would be divided among them. Can L now
participate in the making of the aggregate settlement? - ANSWER Before L can participate in making the
aggregate settlement he must first receive informed consent from A and B in writing. Because L has not
done so, it is incorrect to say that he has met the requirements. The answer choice that adds the
requirement that he must recommend in writing that each client obtain separate, independent counsel
is also incorrect. There is no such requirement here.
At ABC law firm, Lawyer L represented C in the matter of C v. D, and was privy to a great deal of
confidential material from C. L then left ABC law firm and became an associate at JKM law firm. Can
another lawyer at JKM law firm now represent a new client, R, in the substantially related matter of R v.
C, even though L is disqualified under conflicts rules from representing R herself? - ANSWER If a lawyer
who is disqualified from representing a client joins a new firm, the new firm may be disqualified as well
unless the lawyer is properly screened and does not share fees from the matter, and the former client is
, given notice. Thus, another lawyer at JKM law firm can now represent a new client, R, in the substantially
related matter of R v. C, but only if L is properly screened, does not share fees from the matter, and C is
given notice. There is no requirement that C give informed consent, confirmed in writing.
__________ are forbidden from negotiating for private employment with a party (or the attorney for a
party) in a matter in which they are __________. - ANSWER Judges, arbitrators, mediators, third-party
neutrals, and other adjudicative officers are forbidden to negotiate for private employment with a party
(or the attorney for a party) in a matter in which they are participating personally and substantially.
Answers that include law clerks are incorrect, because they are subject to a special rule. They are
allowed to negotiate for private employment with a party (or the attorney for a party) in a matter in
which the law clerk is participating personally and substantially as long as they notify that judge/officer
in advance.
Lawyer L obtained confidential information during a consultation with Prospective Client P. Normally, L
and any other attorney at L's firm would be prohibited from representing Client C in the same or a
substantially related matter if such confidential information could significantly harm P. This conflict of
interest may be overcome by: - ANSWER This conflict of interest may be overcome by obtaining informed
consent, confirmed in writing, from P and C. Notifying P and C in writing, notifying only P in writing,
and/or obtaining informed consent from only P are not sufficient. Note that another way of overcoming
the conflict is to: (i) Demonstrate that the lawyer who held discussions with the prospective client took
care to avoid exposure to any more confidential information than was necessary to determine whether
to represent the prospective client; (ii) Demonstrate that the disqualified lawyer is timely screened from
any participation in the matter and will not share the fee (but he may take his ordinary salary or
partnership share); and (iii) Give written notice to the prospective client.
If a lawyer represents co-parties in a matter, and the parties' adversary makes an aggregate settlement
offer, the lawyer must not participate in negotiating the settlement offer unless all of the following
conditions are met: - ANSWER If a lawyer represents co-parties in a matter, and the parties' adversary
makes an aggregate settlement offer, the lawyer must not participate in negotiating the settlement offer
unless all of the following conditions are met: he must assure that his clients have come to an agreement
among themselves, disclose to each client the terms of the settlement, and each client must give
informed consent to the aggregate settlement agreement in writing. The answer choice "each client
must give informed consent to the aggregate settlement agreement in writing" is incorrect because it
omits certain requirements.
A lawyer __________ ask a client to consent to future conflicts __________. - ANSWER A lawyer may ask
a client to consent to future conflicts if (a) it is reasonable to do so and (b) the client truly understands
the particular kinds of conflicts that may arise and the consequences of consenting. It is not the case that
a lawyer may not ask a client to consent to future conflicts under any circumstances.
