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500 MPRE Practice Questions & Answers
A+ Solution Guide: Summer 2025
Questions and Correct Answers/ Latest
Update / Already Graded
1. Conglomerate Corporation owns a little more than half the stock
of Giant Company. Conglomerate's stock, in turn, is public, available
on the public stock exchange, as is the remainder of the stock in
Giant Company. The president of Conglomerate Corporation has
asked Attorney Stevenson to represent Giant Company in a deal by
which Giant would make a proposed transfer of certain real
property to Conglomerate Corporation. The property in question is
unusual because it contains an underground particle collider used
for scientific research, but also valuable farmland on the surface, as
well as some valuable mineral rights in another part of the parcel.
These factors make the property value difficult to assess by reference
to the general real-estate market, which means it is difficult for
anyone to determine the fairness of the transfer price in the
proposed deal. Would it be proper for Attorney Stevenson to
facilitate
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Ans: d) No, not unless the attorney first obtains effective informed consent
of the management of Giant Company, as well as that of Conglomerate,
because the ownership of Conglomerate and Giant is not identical, and
their interests materially differ in the proposed transaction.
RESTATEMENT § 131
2. Mr. Burns, the chief executive officer of Conglomerate
Corporation, now faces criminal charges of discussing prices with the
president of a competing firm. If found guilty, both Mr. Burns and
Conglomerate Corporation will be subject to civil and criminal
penalties under state and federal antitrust laws. An attorney has
been representing Conglomerate Corporation. She has conducted
a thorough investigation of the matter, and she has personally
concluded that no such pricing discussions occurred. Both
Conglomerate Corporation and Mr. Burns plan to defend on that
ground. Mr. Burns has asked the attorney to represent him, as well as
Conglomerate Corporation, in the proceedings. The legal and
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factual defenses of Conglomerate Corporation and Mr. Burns seem
completely consistent at the outset of the matter. Would the
attorney need to obtain informed consent to a conflict of interest
from both Mr. Burns and a separate corp
Ans: a) Yes, the likelihood of conflicting positions
in such matters as plea bargaining requires the attorney to obtain the
informed consent of both clients before proceeding with the
representation.
RESTATEMENT § 131
3. An attorney decides to purchase "litigation cost protection"
insurance for matters she handles on a contingency fee basis.
Plaintiffs' lawyers can buy this type of insurance on a case-by-case
basis, for a one-time premium payment. The insurance is available
for purchase up to three months after the filing of the initial
complaint. Note that this policy is separate and distinct from
malpractice liability insurance. The purpose of this type of insurance
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is to reimburse the attorney for litigation costs advanced by the
attorney - only in the event of a trial loss. Do the Model Rules of
Professional Conduct prohibit the attorney from purchasing litigation
cost protection insurance for her contingency fee cases?
a) Yes, because the client and the attorney may have different cost-
benefit calculations.
b) Yes, for an attorney may prefer that his
client accept a low settlement offer to ensure that the attorney
receives
500 MPRE Practice Questions & Answers
A+ Solution Guide: Summer 2025
Questions and Correct Answers/ Latest
Update / Already Graded
1. Conglomerate Corporation owns a little more than half the stock
of Giant Company. Conglomerate's stock, in turn, is public, available
on the public stock exchange, as is the remainder of the stock in
Giant Company. The president of Conglomerate Corporation has
asked Attorney Stevenson to represent Giant Company in a deal by
which Giant would make a proposed transfer of certain real
property to Conglomerate Corporation. The property in question is
unusual because it contains an underground particle collider used
for scientific research, but also valuable farmland on the surface, as
well as some valuable mineral rights in another part of the parcel.
These factors make the property value difficult to assess by reference
to the general real-estate market, which means it is difficult for
anyone to determine the fairness of the transfer price in the
proposed deal. Would it be proper for Attorney Stevenson to
facilitate
,2 | Page
Ans: d) No, not unless the attorney first obtains effective informed consent
of the management of Giant Company, as well as that of Conglomerate,
because the ownership of Conglomerate and Giant is not identical, and
their interests materially differ in the proposed transaction.
RESTATEMENT § 131
2. Mr. Burns, the chief executive officer of Conglomerate
Corporation, now faces criminal charges of discussing prices with the
president of a competing firm. If found guilty, both Mr. Burns and
Conglomerate Corporation will be subject to civil and criminal
penalties under state and federal antitrust laws. An attorney has
been representing Conglomerate Corporation. She has conducted
a thorough investigation of the matter, and she has personally
concluded that no such pricing discussions occurred. Both
Conglomerate Corporation and Mr. Burns plan to defend on that
ground. Mr. Burns has asked the attorney to represent him, as well as
Conglomerate Corporation, in the proceedings. The legal and
,3 | Page
factual defenses of Conglomerate Corporation and Mr. Burns seem
completely consistent at the outset of the matter. Would the
attorney need to obtain informed consent to a conflict of interest
from both Mr. Burns and a separate corp
Ans: a) Yes, the likelihood of conflicting positions
in such matters as plea bargaining requires the attorney to obtain the
informed consent of both clients before proceeding with the
representation.
RESTATEMENT § 131
3. An attorney decides to purchase "litigation cost protection"
insurance for matters she handles on a contingency fee basis.
Plaintiffs' lawyers can buy this type of insurance on a case-by-case
basis, for a one-time premium payment. The insurance is available
for purchase up to three months after the filing of the initial
complaint. Note that this policy is separate and distinct from
malpractice liability insurance. The purpose of this type of insurance
, 4 | Page
is to reimburse the attorney for litigation costs advanced by the
attorney - only in the event of a trial loss. Do the Model Rules of
Professional Conduct prohibit the attorney from purchasing litigation
cost protection insurance for her contingency fee cases?
a) Yes, because the client and the attorney may have different cost-
benefit calculations.
b) Yes, for an attorney may prefer that his
client accept a low settlement offer to ensure that the attorney
receives
