MPRE Questions and Answers Latest
Version Already Passed
Is a lawyer permitted to disclose confidential information to prevent reasonably certain death or
serious bodily harm?
✔✔Yes, such disclosure is permitted.
What must a lawyer do if they receive an inadvertent email containing confidential information
from opposing counsel?
✔✔Notify the sender promptly.
Can a lawyer act as an advocate at a trial in which they are also likely to be a necessary witness?
✔✔No, unless specific exceptions apply such as testimony on an uncontested issue.
If a client dies during representation, does confidentiality still apply?
✔✔Yes, confidentiality survives the client’s death.
May a judge hear a case involving a close family member’s employer?
✔✔No, the judge should disqualify themselves to avoid the appearance of bias.
1
,Can a lawyer settle a legal malpractice claim with a client without advising them to seek
independent counsel?
✔✔No, the lawyer must advise the client in writing to seek independent legal advice.
What must a lawyer do before representing a client with a potential conflict of interest?
✔✔Obtain informed, written consent from all affected clients.
Can a lawyer be disciplined for misconduct committed outside the practice of law?
✔✔Yes, if the conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a
lawyer.
May a lawyer provide financial help to a client during litigation?
✔✔Only for court costs and litigation expenses, and only under limited conditions.
Is a lawyer allowed to make a frivolous legal argument?
✔✔No, lawyers must not bring or defend proceedings unless there is a basis in law and fact.
2
,When may a lawyer disclose confidential information to comply with a court order?
✔✔When legally required, and only to the extent necessary.
Can a judge serve as an executor of a will for a close personal friend?
✔✔Yes, but only under strict limitations and if it doesn’t interfere with judicial duties.
Is it a violation if a lawyer uses client confidential information for personal gain?
✔✔Yes, this is a serious ethical violation.
What should a lawyer do if they discover that their client has committed fraud during a
negotiation?
✔✔Take reasonable remedial measures, including possible disclosure if permitted by the rules.
Can a lawyer have a sexual relationship with a client during representation?
✔✔Only if the relationship existed before the representation began.
What must a lawyer do with funds received that are partially the client's and partially the
lawyer's fee?
3
, ✔✔Place all funds in a trust account and withdraw the lawyer’s portion only when earned.
When must a lawyer withdraw from representing a client?
✔✔When continued representation would violate ethical or legal rules.
Can a lawyer knowingly offer false evidence to the court?
✔✔No, doing so violates the duty of candor to the tribunal.
May a lawyer charge a contingent fee in a criminal case?
✔✔No, contingent fees are prohibited in criminal cases.
Is a lawyer permitted to split legal fees with a nonlawyer?
✔✔No, unless it falls within a narrow exception, such as payments to a deceased lawyer's estate.
What is a lawyer required to do if they receive confidential information from a prospective client
but are not hired?
✔✔Maintain confidentiality of the information as if they were a client.
4
Version Already Passed
Is a lawyer permitted to disclose confidential information to prevent reasonably certain death or
serious bodily harm?
✔✔Yes, such disclosure is permitted.
What must a lawyer do if they receive an inadvertent email containing confidential information
from opposing counsel?
✔✔Notify the sender promptly.
Can a lawyer act as an advocate at a trial in which they are also likely to be a necessary witness?
✔✔No, unless specific exceptions apply such as testimony on an uncontested issue.
If a client dies during representation, does confidentiality still apply?
✔✔Yes, confidentiality survives the client’s death.
May a judge hear a case involving a close family member’s employer?
✔✔No, the judge should disqualify themselves to avoid the appearance of bias.
1
,Can a lawyer settle a legal malpractice claim with a client without advising them to seek
independent counsel?
✔✔No, the lawyer must advise the client in writing to seek independent legal advice.
What must a lawyer do before representing a client with a potential conflict of interest?
✔✔Obtain informed, written consent from all affected clients.
Can a lawyer be disciplined for misconduct committed outside the practice of law?
✔✔Yes, if the conduct reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a
lawyer.
May a lawyer provide financial help to a client during litigation?
✔✔Only for court costs and litigation expenses, and only under limited conditions.
Is a lawyer allowed to make a frivolous legal argument?
✔✔No, lawyers must not bring or defend proceedings unless there is a basis in law and fact.
2
,When may a lawyer disclose confidential information to comply with a court order?
✔✔When legally required, and only to the extent necessary.
Can a judge serve as an executor of a will for a close personal friend?
✔✔Yes, but only under strict limitations and if it doesn’t interfere with judicial duties.
Is it a violation if a lawyer uses client confidential information for personal gain?
✔✔Yes, this is a serious ethical violation.
What should a lawyer do if they discover that their client has committed fraud during a
negotiation?
✔✔Take reasonable remedial measures, including possible disclosure if permitted by the rules.
Can a lawyer have a sexual relationship with a client during representation?
✔✔Only if the relationship existed before the representation began.
What must a lawyer do with funds received that are partially the client's and partially the
lawyer's fee?
3
, ✔✔Place all funds in a trust account and withdraw the lawyer’s portion only when earned.
When must a lawyer withdraw from representing a client?
✔✔When continued representation would violate ethical or legal rules.
Can a lawyer knowingly offer false evidence to the court?
✔✔No, doing so violates the duty of candor to the tribunal.
May a lawyer charge a contingent fee in a criminal case?
✔✔No, contingent fees are prohibited in criminal cases.
Is a lawyer permitted to split legal fees with a nonlawyer?
✔✔No, unless it falls within a narrow exception, such as payments to a deceased lawyer's estate.
What is a lawyer required to do if they receive confidential information from a prospective client
but are not hired?
✔✔Maintain confidentiality of the information as if they were a client.
4
