BarBri - MPRE Exam
Regulation of the Legal Profession: American Bar Association - CORRECT ANSWER - No
disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - CORRECT ANSWER - ABA Model
Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Discipline for Violation of "Must" Rules - CORRECT ANSWER - 1. Reproval 2.
Suspension 3. Disbarment
Reproval - CORRECT ANSWER - Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - CORRECT ANSWER - Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - CORRECT ANSWER - Permanent punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - CORRECT ANSWER -
The lawyer MUST.... The lawyer MUST NOT... Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - CORRECT ANSWER - Advisory,
Aspirational, Ethical Considerations
No repercussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - CORRECT ANSWER
- It would not be PROPER... Which of the following is PROPER... Which MAY the lawyer
do... Which SHOULD the lawyer do...
, Regulation of the Legal Profession is a ________ Exercise - CORRECT ANSWER -
"Judicial" — Therefore the State Supreme Court is the ultimate authority (within the context of
the Federal System)...
Moral Turpitude - CORRECT ANSWER - Bad thing
We do not want
Good Moral Character - CORRECT ANSWER - Good Thing
State Law and Professional Responsibility - CORRECT ANSWER - State laws supplement
the ABA Model Rules of professional conduct
Moral Terpitude - CORRECT ANSWER - Bad thing
We do not want it
Good Moral Character - CORRECT ANSWER - Good thing
State Requirements for Admission to the Bar - CORRECT ANSWER - Supreme Court
says they must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - CORRECT ANSWER - a) graduate from ABA
accredited law school, and b) take an oath to uphold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - CORRECT ANSWER - 1. Truth and fair
disclosure 2. Duty to Cooperate
Requirement of Lawyers who are already admitted regarding Bar applicants - CORRECT
ANSWER - 1. Good applicant - you SHOULD write a letter 2. Bad applicant - you MUST
write a letter
Lawyer Discipline After Admission - CORRECT ANSWER - Regulated by the highest
court in the state, and agency thereof
Obligations to Report and Testify about Violations - CORRECT ANSWER - 1. You MUST
rat on your lawyer friends to the State Disciplinary Board 2. The rules are NOT
jurisdiction specific 3. You must be available to testify 4. You are always a lawyer 24-7-365
If you KNOW a violation has occurred you MUST... - CORRECT ANSWER - ...send a
letter to the state disciplinary Board with your name on it
If you SUSPECT a violation has occurred you... - CORRECT ANSWER - MAY report it
Unauthorized Practice of Law: Activity requiring a law license - CORRECT ANSWER - 1.
Court Appearances and Depositions 2. Drafting Legal Documents 3. Conducting
Settlements
Regulation of the Legal Profession: American Bar Association - CORRECT ANSWER - No
disciplinary authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - CORRECT ANSWER - ABA Model
Rules of Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Discipline for Violation of "Must" Rules - CORRECT ANSWER - 1. Reproval 2.
Suspension 3. Disbarment
Reproval - CORRECT ANSWER - Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - CORRECT ANSWER - Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - CORRECT ANSWER - Permanent punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - CORRECT ANSWER -
The lawyer MUST.... The lawyer MUST NOT... Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - CORRECT ANSWER - Advisory,
Aspirational, Ethical Considerations
No repercussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - CORRECT ANSWER
- It would not be PROPER... Which of the following is PROPER... Which MAY the lawyer
do... Which SHOULD the lawyer do...
, Regulation of the Legal Profession is a ________ Exercise - CORRECT ANSWER -
"Judicial" — Therefore the State Supreme Court is the ultimate authority (within the context of
the Federal System)...
Moral Turpitude - CORRECT ANSWER - Bad thing
We do not want
Good Moral Character - CORRECT ANSWER - Good Thing
State Law and Professional Responsibility - CORRECT ANSWER - State laws supplement
the ABA Model Rules of professional conduct
Moral Terpitude - CORRECT ANSWER - Bad thing
We do not want it
Good Moral Character - CORRECT ANSWER - Good thing
State Requirements for Admission to the Bar - CORRECT ANSWER - Supreme Court
says they must be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - CORRECT ANSWER - a) graduate from ABA
accredited law school, and b) take an oath to uphold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - CORRECT ANSWER - 1. Truth and fair
disclosure 2. Duty to Cooperate
Requirement of Lawyers who are already admitted regarding Bar applicants - CORRECT
ANSWER - 1. Good applicant - you SHOULD write a letter 2. Bad applicant - you MUST
write a letter
Lawyer Discipline After Admission - CORRECT ANSWER - Regulated by the highest
court in the state, and agency thereof
Obligations to Report and Testify about Violations - CORRECT ANSWER - 1. You MUST
rat on your lawyer friends to the State Disciplinary Board 2. The rules are NOT
jurisdiction specific 3. You must be available to testify 4. You are always a lawyer 24-7-365
If you KNOW a violation has occurred you MUST... - CORRECT ANSWER - ...send a
letter to the state disciplinary Board with your name on it
If you SUSPECT a violation has occurred you... - CORRECT ANSWER - MAY report it
Unauthorized Practice of Law: Activity requiring a law license - CORRECT ANSWER - 1.
Court Appearances and Depositions 2. Drafting Legal Documents 3. Conducting
Settlements
