MPRE Rules Questions and Answers
Latest Version Already Passed
What must a lawyer do if their client insists on committing perjury?
✔✔Refuse to assist and take reasonable remedial measures, including disclosure if necessary
When must a lawyer withdraw from representation?
✔✔When continued representation would result in a violation of the law or ethics rules
What is the minimum requirement for a valid contingency fee agreement?
✔✔It must be in writing and signed by the client
Can a lawyer reveal information relating to the representation of a client to prevent death or
serious bodily harm?
✔✔Yes, the rules permit disclosure in that situation
What must a lawyer do if they receive funds intended for a client?
✔✔Deposit them in a separate trust account and notify the client
1
,When is a lawyer allowed to communicate with a represented party?
✔✔Only with the consent of that party’s lawyer
What is a lawyer’s obligation upon discovering a false statement made to the tribunal?
✔✔Correct it, even if it requires disclosing client information
Is a lawyer allowed to have sexual relations with a current client?
✔✔Only if the relationship existed before the legal representation began
What is the lawyer's duty if a client uses the lawyer’s services to commit fraud?
✔✔Withdraw and take reasonable steps to avoid assisting the fraud
What is required before a lawyer can represent two clients whose interests may conflict?
✔✔Each client must give informed consent confirmed in writing
May a lawyer accept a gift from a client?
✔✔Yes, but not if the lawyer drafted the instrument giving the gift, unless related
2
,Can a lawyer split a legal fee with another lawyer not in the same firm?
✔✔Yes, if the client agrees in writing and the fee is proportional or jointly responsible
How must a lawyer treat evidence they know was obtained illegally?
✔✔They may not use it if it violates rules, and must not assist the client in concealing it
Can a lawyer make statements to the media that could prejudice a trial?
✔✔No, public statements must not materially prejudice the proceeding
What must a prosecutor do if they learn of new evidence showing a convicted defendant is likely
innocent?
✔✔Promptly disclose the evidence to an appropriate court or authority
Is it misconduct for a lawyer to engage in dishonesty outside the practice of law?
✔✔Yes, personal dishonesty that reflects on the lawyer’s fitness is misconduct
Can a lawyer advance litigation expenses to an indigent client?
✔✔Yes, this is allowed under the rules
3
, What should a lawyer do if a non-client mistakenly sends privileged information?
✔✔Notify the sender promptly
Can a lawyer be disciplined for conduct that violates the rules in another state?
✔✔Yes, if the conduct violates the rules where the lawyer is admitted or where the conduct
occurred
What must a judge do upon learning of substantial lawyer misconduct?
✔✔Report the conduct to the appropriate authority
May a lawyer charge an unreasonable fee if the client agrees?
✔✔No, all fees must be reasonable regardless of client agreement
Is a lawyer required to inform the client of all settlement offers?
✔✔Yes, unless the client has given specific authority to accept or reject offers
Can a lawyer reveal confidential information to defend against a client’s claim of malpractice?
4
Latest Version Already Passed
What must a lawyer do if their client insists on committing perjury?
✔✔Refuse to assist and take reasonable remedial measures, including disclosure if necessary
When must a lawyer withdraw from representation?
✔✔When continued representation would result in a violation of the law or ethics rules
What is the minimum requirement for a valid contingency fee agreement?
✔✔It must be in writing and signed by the client
Can a lawyer reveal information relating to the representation of a client to prevent death or
serious bodily harm?
✔✔Yes, the rules permit disclosure in that situation
What must a lawyer do if they receive funds intended for a client?
✔✔Deposit them in a separate trust account and notify the client
1
,When is a lawyer allowed to communicate with a represented party?
✔✔Only with the consent of that party’s lawyer
What is a lawyer’s obligation upon discovering a false statement made to the tribunal?
✔✔Correct it, even if it requires disclosing client information
Is a lawyer allowed to have sexual relations with a current client?
✔✔Only if the relationship existed before the legal representation began
What is the lawyer's duty if a client uses the lawyer’s services to commit fraud?
✔✔Withdraw and take reasonable steps to avoid assisting the fraud
What is required before a lawyer can represent two clients whose interests may conflict?
✔✔Each client must give informed consent confirmed in writing
May a lawyer accept a gift from a client?
✔✔Yes, but not if the lawyer drafted the instrument giving the gift, unless related
2
,Can a lawyer split a legal fee with another lawyer not in the same firm?
✔✔Yes, if the client agrees in writing and the fee is proportional or jointly responsible
How must a lawyer treat evidence they know was obtained illegally?
✔✔They may not use it if it violates rules, and must not assist the client in concealing it
Can a lawyer make statements to the media that could prejudice a trial?
✔✔No, public statements must not materially prejudice the proceeding
What must a prosecutor do if they learn of new evidence showing a convicted defendant is likely
innocent?
✔✔Promptly disclose the evidence to an appropriate court or authority
Is it misconduct for a lawyer to engage in dishonesty outside the practice of law?
✔✔Yes, personal dishonesty that reflects on the lawyer’s fitness is misconduct
Can a lawyer advance litigation expenses to an indigent client?
✔✔Yes, this is allowed under the rules
3
, What should a lawyer do if a non-client mistakenly sends privileged information?
✔✔Notify the sender promptly
Can a lawyer be disciplined for conduct that violates the rules in another state?
✔✔Yes, if the conduct violates the rules where the lawyer is admitted or where the conduct
occurred
What must a judge do upon learning of substantial lawyer misconduct?
✔✔Report the conduct to the appropriate authority
May a lawyer charge an unreasonable fee if the client agrees?
✔✔No, all fees must be reasonable regardless of client agreement
Is a lawyer required to inform the client of all settlement offers?
✔✔Yes, unless the client has given specific authority to accept or reject offers
Can a lawyer reveal confidential information to defend against a client’s claim of malpractice?
4
