BARBRI MPRE PRACTICE QUESTIONS AND
ANSWERS WITH SOLUTIONS 2024
An attorney represented the wife in an acrimonious divorce proceeding involving issues of property
division and child custody. After one day of trial, the husband, through his lawyer, made a settlement
offer. The proposed settlement required that the wife's attorney agree not to represent the wife in any
subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The
wife wanted to accept the offer, and her attorney reasonably believed that it was in the wife's best
interest to do so because the settlement offer was better than any potential award to the wife resulting
from the case going to judgment. Consequently, the attorney recommended to the wife that she accept
the offer.
Was it proper for the wife's attorney to recommend that the wife accept the settlement offer?
(A) No, because the attorney did not obtain the wife's informed consent to the conflict of interest
created b - ANSWER (B) No, because the proposed settlement restricted the attorney's right to represent
the wife in the future.
An experienced oil and gas developer asked an attorney to represent him in a suit to establish the
developer's ownership of certain oil and gas royalties. The developer did not have available the
necessary funds to pay the attorney's reasonable hourly rate for undertaking the case and proposed
instead that, if he prevailed in the lawsuit, he would pay the attorney 20% of the first year's royalties
recovered in the suit. Twenty percent of the first year's royalties would likely exceed the amount that the
attorney would have received from charging his regular hourly rate. The attorney accepted the proposal.
Is the attorney subject to discipline?
(A) Yes, because the agreement gave the attorney a proprietary interest in the developer's cause of
action.
(B) Yes, because the fee was likely to exceed the amount that the attorney would have received from
charging his regular hourly rate.
(C) No, because the developer rathe - ANSWER (D) No, because the attorney may contract with the
developer for a reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the waste products of the
company's manufacturing processes are highly toxic and are reasonably certain to cause substantial
bodily harm if disposed of improperly. The president of the company recently informed the attorney that
a new employee mistakenly disposed of the waste products in the ground behind the company plant, an
area that is part of the source of the city's water supply. The attorney advised the president that,
, although the conduct was not criminal, the company could be civilly liable for negligence in lawsuits
brought by any persons harmed by the waste products. The attorney advised the president to
immediately report the problem to city authorities. Fearful of adverse publicity, the president declined to
do so. The attorney further advised the president that she believed the president's decision was
immoral. The president conti - ANSWER (C) No, because the attorney reasonably believed that the
company's disposal of the waste products was reasonably certain to cause substantial bodily harm.
An attorney worked in the legal department of a public utility company and represented that company in
litigation. The company was sued by a consumer group which alleged that the company was guilty of
various acts in violation of its charter. Through its general counsel, the company instructed the attorney
not to negotiate a settlement but to go to trial under any circumstances since a precedent needed to be
established. Although the company's defense could be supported by a good faith argument, the attorney
believed that the case should be settled if possible.
Must the attorney withdraw as counsel in this case?
(A) No, because as an employee, the attorney is bound by the instructions of the general counsel.
(B) No, because the company's defense can be supported by a good faith argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
(D) Yes, because the company is controlling the attorney's judgment - ANSWER (B) No, because the
company's defense can be supported by a good faith argument.
An attorney represented a client who was the plaintiff in a personal injury action. The personal injury
action was settled, and the attorney received a check in the amount of $10,000 payable to the attorney.
The attorney deposited the check in her clients' trust account.
One day later, the attorney received a letter from a bank, which had heard of the settlement of the
personal injury lawsuit. The bank informed the attorney that the client had failed to make his monthly
mortgage payments for the last three months and demanded that the attorney immediately release
$900 of the proceeds of the settlement to the bank or the bank would institute mortgage foreclosure
proceedings against the client. The attorney informed the client of the bank's letter. The client did not
dispute the $900 debt to the bank, but responded:
"I don't care what the bank does. The property is essentially worthless, so let the bank foreclose. If -
ANSWER (D) No, because the bank has no established right to the specific proceeds of the client's
personal injury judgment.
ANSWERS WITH SOLUTIONS 2024
An attorney represented the wife in an acrimonious divorce proceeding involving issues of property
division and child custody. After one day of trial, the husband, through his lawyer, made a settlement
offer. The proposed settlement required that the wife's attorney agree not to represent the wife in any
subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The
wife wanted to accept the offer, and her attorney reasonably believed that it was in the wife's best
interest to do so because the settlement offer was better than any potential award to the wife resulting
from the case going to judgment. Consequently, the attorney recommended to the wife that she accept
the offer.
Was it proper for the wife's attorney to recommend that the wife accept the settlement offer?
(A) No, because the attorney did not obtain the wife's informed consent to the conflict of interest
created b - ANSWER (B) No, because the proposed settlement restricted the attorney's right to represent
the wife in the future.
An experienced oil and gas developer asked an attorney to represent him in a suit to establish the
developer's ownership of certain oil and gas royalties. The developer did not have available the
necessary funds to pay the attorney's reasonable hourly rate for undertaking the case and proposed
instead that, if he prevailed in the lawsuit, he would pay the attorney 20% of the first year's royalties
recovered in the suit. Twenty percent of the first year's royalties would likely exceed the amount that the
attorney would have received from charging his regular hourly rate. The attorney accepted the proposal.
Is the attorney subject to discipline?
(A) Yes, because the agreement gave the attorney a proprietary interest in the developer's cause of
action.
(B) Yes, because the fee was likely to exceed the amount that the attorney would have received from
charging his regular hourly rate.
(C) No, because the developer rathe - ANSWER (D) No, because the attorney may contract with the
developer for a reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the waste products of the
company's manufacturing processes are highly toxic and are reasonably certain to cause substantial
bodily harm if disposed of improperly. The president of the company recently informed the attorney that
a new employee mistakenly disposed of the waste products in the ground behind the company plant, an
area that is part of the source of the city's water supply. The attorney advised the president that,
, although the conduct was not criminal, the company could be civilly liable for negligence in lawsuits
brought by any persons harmed by the waste products. The attorney advised the president to
immediately report the problem to city authorities. Fearful of adverse publicity, the president declined to
do so. The attorney further advised the president that she believed the president's decision was
immoral. The president conti - ANSWER (C) No, because the attorney reasonably believed that the
company's disposal of the waste products was reasonably certain to cause substantial bodily harm.
An attorney worked in the legal department of a public utility company and represented that company in
litigation. The company was sued by a consumer group which alleged that the company was guilty of
various acts in violation of its charter. Through its general counsel, the company instructed the attorney
not to negotiate a settlement but to go to trial under any circumstances since a precedent needed to be
established. Although the company's defense could be supported by a good faith argument, the attorney
believed that the case should be settled if possible.
Must the attorney withdraw as counsel in this case?
(A) No, because as an employee, the attorney is bound by the instructions of the general counsel.
(B) No, because the company's defense can be supported by a good faith argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
(D) Yes, because the company is controlling the attorney's judgment - ANSWER (B) No, because the
company's defense can be supported by a good faith argument.
An attorney represented a client who was the plaintiff in a personal injury action. The personal injury
action was settled, and the attorney received a check in the amount of $10,000 payable to the attorney.
The attorney deposited the check in her clients' trust account.
One day later, the attorney received a letter from a bank, which had heard of the settlement of the
personal injury lawsuit. The bank informed the attorney that the client had failed to make his monthly
mortgage payments for the last three months and demanded that the attorney immediately release
$900 of the proceeds of the settlement to the bank or the bank would institute mortgage foreclosure
proceedings against the client. The attorney informed the client of the bank's letter. The client did not
dispute the $900 debt to the bank, but responded:
"I don't care what the bank does. The property is essentially worthless, so let the bank foreclose. If -
ANSWER (D) No, because the bank has no established right to the specific proceeds of the client's
personal injury judgment.
