MPRE (DIFFERENT ROLES OF
THE LAWYER) EXAM 2025
QUESTIONS AND ANSWERS
LAWYER AS ADVISOR TO THE CLIENT
When acting as advisor to a client, a lawyer must exercise - ....ANSWER ...-
independent judgment and render candid advice. [ABA Model Rule 2.1]
Candid advice is sometimes hard to take—the facts may be harsh and the choices
unattractive. The lawyer should attempt to keep the client's morale up but should neither
sugarcoat the advice nor delude the client.
A lawyer may give a client not only legal advice, but also - ....ANSWER ...-moral,
economic, social, or political advice when relevant to the client's situation. (Even if they
haven't asked for it)
When appropriate, a lawyer may also urge a client to seek advice from persons in related
professions—e.g., advice from an accountant, psychiatrist, physician, or family
counselor. [See ABA Model Rule 2.1, comment 4]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
,A lawyer ordinarily has no duty to give advice until asked. However, if the lawyer knows
that the client is planning a course of action that will have substantial adverse legal
consequences for the client, - ....ANSWER ...-the lawyer may volunteer advice
without being asked. [See ABA Model Rule 2.1, comment 5]
EVALUATION FOR USE BY THIRD PERSONS
ABA Model Rule 2.3 concerns the lawyer who is asked, expressly or impliedly, to
evaluate the affairs of a client and to supply the evaluation for use by third persons.
ABA Model Rule 2.3 does not apply when - ....ANSWER ...-a client asks a lawyer to
evaluate the affairs of a third party and then to make a report to the client.
A lawyer may evaluate a client's affairs for the use of a third person if -
....ANSWER ...-the lawyer reasonably believes that making the evaluation is
compatible with the lawyer's other responsibilities to the client. [ABA Model Rule 2.3(a)]
f the lawyer knows or should know that the evaluation will materially harm the client,
then - ....ANSWER ...-the lawyer must obtain the client's informed consent before
making the evaluation. [ABA Model Rule 2.3(b)]
Except as disclosure is authorized in connection with a report of an evaluation, the
ordinary rules of confidentiality apply to information gained during the evaluation. [ABA
Model Rule 2.3(c)] The client may limit the scope of the evaluation or the sources of
information available to the lawyer, but the lawyer should - ....ANSWER ...-
describe any material limitations in the report furnished to the third person. [ABA Model
Rule 2.3, comment 4]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
, The lawyer may have other legal duties to the third person in connection with the
report—that depends on the applicable law and is not covered in ABA Model Rule 2.3.
[ABA Model Rule 2.3, comment 3]
A lawyer who is hired to evaluate a client's affairs for a third person may be liable to -
....ANSWER ...-the third person for negligence in rendering the evaluation.
When a lawyer agrees to certify facts to a large number of persons who can be expected
to rely on the lawyer, the lawyer has a special obligation to be complete, accurate, and
candid.
(Like in Securities Cases)
This special obligation most often arises when a lawyer has prepared an opinion letter to
be used in disclosure documents for securities investors. The lawyer may be held liable
for both misstatements and omissions of material facts. [SEC v. National Student
Marketing Corp., 457 F. Supp. 682 (D.D.C. 1978)]
A lawyer is not a guarantor of every fact in the disclosure materials about the company or
transaction. However, if the disclosures are inconsistent, or the lawyer has any reason to
doubt their accuracy, the lawyer has a duty - ....ANSWER ...-to inquire to
determine the correct facts. [ABA Formal Op. 335 (1974)]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 3
THE LAWYER) EXAM 2025
QUESTIONS AND ANSWERS
LAWYER AS ADVISOR TO THE CLIENT
When acting as advisor to a client, a lawyer must exercise - ....ANSWER ...-
independent judgment and render candid advice. [ABA Model Rule 2.1]
Candid advice is sometimes hard to take—the facts may be harsh and the choices
unattractive. The lawyer should attempt to keep the client's morale up but should neither
sugarcoat the advice nor delude the client.
A lawyer may give a client not only legal advice, but also - ....ANSWER ...-moral,
economic, social, or political advice when relevant to the client's situation. (Even if they
haven't asked for it)
When appropriate, a lawyer may also urge a client to seek advice from persons in related
professions—e.g., advice from an accountant, psychiatrist, physician, or family
counselor. [See ABA Model Rule 2.1, comment 4]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 1
,A lawyer ordinarily has no duty to give advice until asked. However, if the lawyer knows
that the client is planning a course of action that will have substantial adverse legal
consequences for the client, - ....ANSWER ...-the lawyer may volunteer advice
without being asked. [See ABA Model Rule 2.1, comment 5]
EVALUATION FOR USE BY THIRD PERSONS
ABA Model Rule 2.3 concerns the lawyer who is asked, expressly or impliedly, to
evaluate the affairs of a client and to supply the evaluation for use by third persons.
ABA Model Rule 2.3 does not apply when - ....ANSWER ...-a client asks a lawyer to
evaluate the affairs of a third party and then to make a report to the client.
A lawyer may evaluate a client's affairs for the use of a third person if -
....ANSWER ...-the lawyer reasonably believes that making the evaluation is
compatible with the lawyer's other responsibilities to the client. [ABA Model Rule 2.3(a)]
f the lawyer knows or should know that the evaluation will materially harm the client,
then - ....ANSWER ...-the lawyer must obtain the client's informed consent before
making the evaluation. [ABA Model Rule 2.3(b)]
Except as disclosure is authorized in connection with a report of an evaluation, the
ordinary rules of confidentiality apply to information gained during the evaluation. [ABA
Model Rule 2.3(c)] The client may limit the scope of the evaluation or the sources of
information available to the lawyer, but the lawyer should - ....ANSWER ...-
describe any material limitations in the report furnished to the third person. [ABA Model
Rule 2.3, comment 4]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 2
, The lawyer may have other legal duties to the third person in connection with the
report—that depends on the applicable law and is not covered in ABA Model Rule 2.3.
[ABA Model Rule 2.3, comment 3]
A lawyer who is hired to evaluate a client's affairs for a third person may be liable to -
....ANSWER ...-the third person for negligence in rendering the evaluation.
When a lawyer agrees to certify facts to a large number of persons who can be expected
to rely on the lawyer, the lawyer has a special obligation to be complete, accurate, and
candid.
(Like in Securities Cases)
This special obligation most often arises when a lawyer has prepared an opinion letter to
be used in disclosure documents for securities investors. The lawyer may be held liable
for both misstatements and omissions of material facts. [SEC v. National Student
Marketing Corp., 457 F. Supp. 682 (D.D.C. 1978)]
A lawyer is not a guarantor of every fact in the disclosure materials about the company or
transaction. However, if the disclosures are inconsistent, or the lawyer has any reason to
doubt their accuracy, the lawyer has a duty - ....ANSWER ...-to inquire to
determine the correct facts. [ABA Formal Op. 335 (1974)]
....FOR STUDY PURPOSES...©️2025 ALL RIGHTS RESERVED... 3
