MRPC TEST WITH COMPLETE
SOLUTION
8.1 - ANSWER Cannot knowingly make a false statement of material fact
8.4(b) - ANSWER commit a criminal act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects
8.3 - ANSWER (a) A lawyer who knows that another lawyer has committed a violation of
the Rules of Professional Conduct that raises a substantial question as to that lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the
appropriate professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of
judicial conduct that raises a substantial question as to the judge's fitness for office
shall inform the appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6
or information gained by a lawyer or judge while participating in an approved lawyers
assistance program.
TRDC 8.3(c) - ANSWER If chemical dependency involved just need to report to TLAP
8.3 - ANSWER requires prosecutors to disclose exculpatory evidence
8.3 - ANSWER requires a lawyer who knows (actual knowledge) that another lawyer
commits a substantial violation of the MRPC (calls into question fitness) shall inform the
appropriate professional authority
5.1 - ANSWER (a) A partner in a law firm, and a lawyer who individually or together with
other lawyers possesses comparable managerial authority in a law firm, shall make
reasonable efforts to ensure that the firm has in effect measures giving reasonable
assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make
reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional
Conduct.
(c) A lawyer shall be responsible for another lawyer's violation of the Rules of
Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct
involved; or
, (2) the lawyer is a partner or has comparable managerial authority in the law firm in
which the other lawyer practices, or has direct supervisory authority over the other
lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
5.2 - ANSWER (a) A lawyer is bound by the Rules of Professional Conduct
notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that
lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an
arguable question of professional duty.
Weider Rule - ANSWER Valid claim against a firm if the firm fires the associate for the
associate insisting the firm comply with the model rules
Elements of legal malpractice - ANSWER 1) Duty
2)Breach
3)Causation
1.6(a) - ANSWER A lawyer shall not reveal info relating to the representation of a client
unless the client gives informed consent, the disclosure is impliedly authorized in order
to carry out the representation or the disclosure is permitted in paragraph (b)
Comment 4 1.6 - ANSWER use of hypos to discuss issues relating to the representation
is permissible so long as there is no reasonable likelihood that the listener will be able to
ascertain the identity of the client
redacting the name is not enough
1.6(b) - ANSWER (1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to
result in substantial injury to the financial interests or property of another and in
furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property
of another that is reasonably certain to result or has resulted from the client's
commission of a crime or fraud in furtherance of which the client has used the lawyer's
services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the
lawyer and the client, to establish a defense to a criminal charge or civil claim against
the lawyer based upon conduct in which the client was involved, or to respond to
allegations in any proceeding concerning the lawyer's representation of the client;
(6) to comply with other law or a court order; or
SOLUTION
8.1 - ANSWER Cannot knowingly make a false statement of material fact
8.4(b) - ANSWER commit a criminal act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects
8.3 - ANSWER (a) A lawyer who knows that another lawyer has committed a violation of
the Rules of Professional Conduct that raises a substantial question as to that lawyer's
honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the
appropriate professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of
judicial conduct that raises a substantial question as to the judge's fitness for office
shall inform the appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6
or information gained by a lawyer or judge while participating in an approved lawyers
assistance program.
TRDC 8.3(c) - ANSWER If chemical dependency involved just need to report to TLAP
8.3 - ANSWER requires prosecutors to disclose exculpatory evidence
8.3 - ANSWER requires a lawyer who knows (actual knowledge) that another lawyer
commits a substantial violation of the MRPC (calls into question fitness) shall inform the
appropriate professional authority
5.1 - ANSWER (a) A partner in a law firm, and a lawyer who individually or together with
other lawyers possesses comparable managerial authority in a law firm, shall make
reasonable efforts to ensure that the firm has in effect measures giving reasonable
assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make
reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional
Conduct.
(c) A lawyer shall be responsible for another lawyer's violation of the Rules of
Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct
involved; or
, (2) the lawyer is a partner or has comparable managerial authority in the law firm in
which the other lawyer practices, or has direct supervisory authority over the other
lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
5.2 - ANSWER (a) A lawyer is bound by the Rules of Professional Conduct
notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that
lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an
arguable question of professional duty.
Weider Rule - ANSWER Valid claim against a firm if the firm fires the associate for the
associate insisting the firm comply with the model rules
Elements of legal malpractice - ANSWER 1) Duty
2)Breach
3)Causation
1.6(a) - ANSWER A lawyer shall not reveal info relating to the representation of a client
unless the client gives informed consent, the disclosure is impliedly authorized in order
to carry out the representation or the disclosure is permitted in paragraph (b)
Comment 4 1.6 - ANSWER use of hypos to discuss issues relating to the representation
is permissible so long as there is no reasonable likelihood that the listener will be able to
ascertain the identity of the client
redacting the name is not enough
1.6(b) - ANSWER (1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime or fraud that is reasonably certain to
result in substantial injury to the financial interests or property of another and in
furtherance of which the client has used or is using the lawyer's services;
(3) to prevent, mitigate or rectify substantial injury to the financial interests or property
of another that is reasonably certain to result or has resulted from the client's
commission of a crime or fraud in furtherance of which the client has used the lawyer's
services;
(4) to secure legal advice about the lawyer's compliance with these Rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the
lawyer and the client, to establish a defense to a criminal charge or civil claim against
the lawyer based upon conduct in which the client was involved, or to respond to
allegations in any proceeding concerning the lawyer's representation of the client;
(6) to comply with other law or a court order; or
