MPRE (THEMIS / BARBRI MCQS)
EXAM 2025 QUESTIONS AND
ANSWERS
The manager of a successful hedge fund is under indictment for securities fraud. The
board of directors of the hedge fund's company reached out to an attorney to secure
representation for the manager. The board of directors informed the attorney that the
company would pay for the manager's legal fees so long as the attorney agreed not to
pursue any legal strategies that could result in liability for the company. The board also
informed the attorney of its decision to retain separate counsel to represent the
company's interests. The manager gave verbal informed consent to the attorney for the
company's fee-payment arrangement.
Would it be proper for the attorney to represent the manager under these conditions? -
....ANSWER ...-No, because the company's conditions would interfere with the
attorney's professional judgment.
An insurance company hired an attorney to defend its insured in a civil suit. The insured
told the attorney that his primary goal was to reduce the amount of any adverse
judgment his insurance company may be required to pay on his behalf. The opposing
party offered to settle its claims for $500,000, which represented half of the coverage
amount of the insurance policy. The attorney negligently failed to communicate this
offer to the insured, and the offer expired. The case went to trial, and the jury delivered a
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
,$1.2 million verdict against the insured, of which the insurance company was required to
pay $1 million. Had the attorney properly communicated the offer to the insured, the
insured would have accepted the offer.
Is the attorney subject to liability to the insurance company? - ....ANSWER ...-Yes,
because the attorney knew that the insured intended the attorney's services to benefit the
insurance company.
A celebrity wanted to sue a magazine for publishing an article that the celebrity believed
was defamatory. The celebrity met with an attorney, and the attorney determined that
the celebrity's claim had merit. The attorney agreed to represent the celebrity and filed a
lawsuit against the magazine on his behalf.
The relationship between the celebrity and the attorney deteriorated during discovery,
and one week before the celebrity was required to respond to requests for admission, the
celebrity fired the attorney. The attorney submitted a motion to withdraw, which the
court granted. However, the attorney wanted to teach the celebrity a lesson, so she
decided to not respond to the requests for admission or ask the court to extend the
deadline to respond.
The celebrity, who did not know that he had an upcoming response deadline, hired a
new lawyer the day before his response was due. However, since the new lawyer was una
- ....ANSWER ...-Yes, because the attorney failed to take reasonably practicable
steps to protect the celebrity's interests.
A lawyer represented eight plaintiffs who suffered injuries from defective surgical
instruments in a products-liability action against the manufacturer of the instruments.
The manufacturer first offered the lawyer a $7,000,000 aggregate settlement for the eight
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
,plaintiffs. Because the plaintiffs had previously instructed the lawyer that they would not
accept anything less than $8,000,000, the lawyer immediately refused the settlement offer.
The manufacturer then replied with eight separate settlement offers. Although the
aggregate total of the offers was $8,000,000, the amounts offered to each plaintiff varied
and depended on the nature and extent of that plaintiff's injuries. Some of the offers were
even less than a plaintiff would have received had there been an equal division of the
$7,000,000 aggregate settlement. The manufacturer stated that each settlement offer was
conditioned on the acceptance of its offers b - ....ANSWER ...-Yes, because no
individual plaintiff knew the amount to be received by any other plaintiff.
Last year, an attorney provided 50 hours of free legal services to a local nonprofit
educational organization. His services primarily related to reviewing employment
contracts of literacy tutors for after-school literacy programs serving students of limited
means. The attorney worked at a law firm that encouraged its lawyers to provide at least
100 hours of pro bono service per year representing clients who are unable to pay.
Has the attorney satisfied his pro bono responsibilities under the Model Rules of
Professional Conduct? - ....ANSWER ...-Yes, because he performed free legal
services for an educational organization in matters addressing the needs of persons of
limited means.
A brother and a sister attended law school together and were subsequently admitted to
the bar in the same state. The brother was hired as an associate attorney by Alpha Law
Firm, while the sister immediately formed Beta Law Firm as a full partner with two of
her classmates.
Soon thereafter, a corporate client retained the sister to bring a trademark violation claim
against an artist. The sister accepted the representation and filed the corporate client's
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 3
, action against the artist. The artist then contacted Alpha Law Firm to seek
representation to defend the action. The managing partner of Alpha Law Firm
immediately agreed to represent the artist. The brother does not practice intellectual
property law, and he would not be involved in the representation.
Does the brother have a conflict of interest that is imputed to the managing partner of
Alpha Law Firm with respect to the artist? - ....ANSWER ...-No, because there is
no significant risk that his relationship with his sister will materially limit Alpha Law
Firm's representation of the artist.
A newly admitted prosecutor was prosecuting an individual for burglary. To further
investigate the matter, the prosecutor interviewed a witness to the burglary. During the
interview, the witness, who was newly released from prison, told the prosecutor that her
cellmate in prison had confessed to murdering her husband with cyanide.
Upon further inquiry, the prosecutor learned that the cellmate's husband had been
poisoned three years ago and that his coworker had been convicted of the murder within
the prosecutor's jurisdiction. The coworker had confessed to the crime, though his
confession had been vague. The prosecutor does not believe that the witness's statement
is clear and convincing exculpatory evidence for the coworker. However, the prosecutor
does believe that the witness's statement creates at least a reasonable likelihood that the
coworker was wrongly convicted. The coworker was convicted two years before th -
....ANSWER ...-No, because the witness's statement is not clear and convincing
exculpatory evidence.
A homeowner retained the services of an attorney to resolve a real estate dispute with a
buyer over the purchase of her home. The attorney successfully resolved the dispute, and
the buyer was ordered to pay $800,000 for the home. The attorney deposited the amount
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 4
EXAM 2025 QUESTIONS AND
ANSWERS
The manager of a successful hedge fund is under indictment for securities fraud. The
board of directors of the hedge fund's company reached out to an attorney to secure
representation for the manager. The board of directors informed the attorney that the
company would pay for the manager's legal fees so long as the attorney agreed not to
pursue any legal strategies that could result in liability for the company. The board also
informed the attorney of its decision to retain separate counsel to represent the
company's interests. The manager gave verbal informed consent to the attorney for the
company's fee-payment arrangement.
Would it be proper for the attorney to represent the manager under these conditions? -
....ANSWER ...-No, because the company's conditions would interfere with the
attorney's professional judgment.
An insurance company hired an attorney to defend its insured in a civil suit. The insured
told the attorney that his primary goal was to reduce the amount of any adverse
judgment his insurance company may be required to pay on his behalf. The opposing
party offered to settle its claims for $500,000, which represented half of the coverage
amount of the insurance policy. The attorney negligently failed to communicate this
offer to the insured, and the offer expired. The case went to trial, and the jury delivered a
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
,$1.2 million verdict against the insured, of which the insurance company was required to
pay $1 million. Had the attorney properly communicated the offer to the insured, the
insured would have accepted the offer.
Is the attorney subject to liability to the insurance company? - ....ANSWER ...-Yes,
because the attorney knew that the insured intended the attorney's services to benefit the
insurance company.
A celebrity wanted to sue a magazine for publishing an article that the celebrity believed
was defamatory. The celebrity met with an attorney, and the attorney determined that
the celebrity's claim had merit. The attorney agreed to represent the celebrity and filed a
lawsuit against the magazine on his behalf.
The relationship between the celebrity and the attorney deteriorated during discovery,
and one week before the celebrity was required to respond to requests for admission, the
celebrity fired the attorney. The attorney submitted a motion to withdraw, which the
court granted. However, the attorney wanted to teach the celebrity a lesson, so she
decided to not respond to the requests for admission or ask the court to extend the
deadline to respond.
The celebrity, who did not know that he had an upcoming response deadline, hired a
new lawyer the day before his response was due. However, since the new lawyer was una
- ....ANSWER ...-Yes, because the attorney failed to take reasonably practicable
steps to protect the celebrity's interests.
A lawyer represented eight plaintiffs who suffered injuries from defective surgical
instruments in a products-liability action against the manufacturer of the instruments.
The manufacturer first offered the lawyer a $7,000,000 aggregate settlement for the eight
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
,plaintiffs. Because the plaintiffs had previously instructed the lawyer that they would not
accept anything less than $8,000,000, the lawyer immediately refused the settlement offer.
The manufacturer then replied with eight separate settlement offers. Although the
aggregate total of the offers was $8,000,000, the amounts offered to each plaintiff varied
and depended on the nature and extent of that plaintiff's injuries. Some of the offers were
even less than a plaintiff would have received had there been an equal division of the
$7,000,000 aggregate settlement. The manufacturer stated that each settlement offer was
conditioned on the acceptance of its offers b - ....ANSWER ...-Yes, because no
individual plaintiff knew the amount to be received by any other plaintiff.
Last year, an attorney provided 50 hours of free legal services to a local nonprofit
educational organization. His services primarily related to reviewing employment
contracts of literacy tutors for after-school literacy programs serving students of limited
means. The attorney worked at a law firm that encouraged its lawyers to provide at least
100 hours of pro bono service per year representing clients who are unable to pay.
Has the attorney satisfied his pro bono responsibilities under the Model Rules of
Professional Conduct? - ....ANSWER ...-Yes, because he performed free legal
services for an educational organization in matters addressing the needs of persons of
limited means.
A brother and a sister attended law school together and were subsequently admitted to
the bar in the same state. The brother was hired as an associate attorney by Alpha Law
Firm, while the sister immediately formed Beta Law Firm as a full partner with two of
her classmates.
Soon thereafter, a corporate client retained the sister to bring a trademark violation claim
against an artist. The sister accepted the representation and filed the corporate client's
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 3
, action against the artist. The artist then contacted Alpha Law Firm to seek
representation to defend the action. The managing partner of Alpha Law Firm
immediately agreed to represent the artist. The brother does not practice intellectual
property law, and he would not be involved in the representation.
Does the brother have a conflict of interest that is imputed to the managing partner of
Alpha Law Firm with respect to the artist? - ....ANSWER ...-No, because there is
no significant risk that his relationship with his sister will materially limit Alpha Law
Firm's representation of the artist.
A newly admitted prosecutor was prosecuting an individual for burglary. To further
investigate the matter, the prosecutor interviewed a witness to the burglary. During the
interview, the witness, who was newly released from prison, told the prosecutor that her
cellmate in prison had confessed to murdering her husband with cyanide.
Upon further inquiry, the prosecutor learned that the cellmate's husband had been
poisoned three years ago and that his coworker had been convicted of the murder within
the prosecutor's jurisdiction. The coworker had confessed to the crime, though his
confession had been vague. The prosecutor does not believe that the witness's statement
is clear and convincing exculpatory evidence for the coworker. However, the prosecutor
does believe that the witness's statement creates at least a reasonable likelihood that the
coworker was wrongly convicted. The coworker was convicted two years before th -
....ANSWER ...-No, because the witness's statement is not clear and convincing
exculpatory evidence.
A homeowner retained the services of an attorney to resolve a real estate dispute with a
buyer over the purchase of her home. The attorney successfully resolved the dispute, and
the buyer was ordered to pay $800,000 for the home. The attorney deposited the amount
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 4
