MPRE Outline UPDATED Exam Questions
and CORRECT Answers
Regulation of Legal Profession: Inherent Powers of Courts to Regulate Lawyers - State Courts -
CORRECT ANSWER - Regulate all aspects of the practice of law within their jurisdiction,
each state with its own rules of professional conduct often based on the ABA Model Rules
Regulation of Legal Profession: Inherent Powers of Courts to Regulate Lawyers - Federal Courts
- CORRECT ANSWER - Each court has its own bar to which a lawyer must be admitted in
order to practice before the court
Regulation of Legal Profession: Admission to the Profession - Requirements for Admission -
CORRECT ANSWER - Education: most states require graduation from an ABA-accredited
law school
Knowledge: most states require applicants to pass a bar examination
Character: past conduct may be considered when assessing an applicant's good character and
general fitness to practice law; false statements to the bar examiners may result in a denial of
admission
Residency: no residency requirements
Regulation of Legal Profession: Admission to the Profession - Application Process - CORRECT
ANSWER - prohibited from knowingly making a false statement of material fact regarding
bar admission, failing to disclose a material fact, or knowingly failing to respond to lawful
demand by an admissions authority regarding application
can invoke the 5th amendment privilege; must do so openly, not simply omit info
violations of the model rules may prevent admission
,Regulation of Legal Profession: Regulation after Admission - Grounds of Misconduct -
CORRECT ANSWER - Violate or attempt to violate model rules, or knowingly assist or
induce another to do so
commit a criminal act that adversely reflect on the lawyer's honesty, trustworthiness, or fitness as
lawyerr
engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
engage in conduct prejudicial to administration of justice
state or imply an ability to influence improperly gov't agency or official
knowingly assist a judge or judicial officer in violation of judicial conduct rules or other laws
engage in conduct that the lawyer knows or reasonably should know is harassment or
discrimination
Regulation of Legal Profession: Regulation after Admission - Misconduct Committed by Others
in Law Firm - CORRECT ANSWER - manager's responsibility: make reasonable efforts to
ensure firm has measures in place to give reasonable assurance that conduct of lawyers and non-
lawyers conforms to model rules
direct supervisor's responsibility: make reasonable efforts to ensure that the supervised person's
conduct conforms to model rules
failure to remediate: when a lawyer with managerial authority knows that the consequences of
misconduct can be avoided or mitigated but fails to take reasonable remedial action
duties of subordinate lawyer: must conform to model rules; not liable for violation of the rules if
the subordinate acts in accordance with the supervising lawyer's reasonable resolution of an
arguable question of professional duty
,Regulation of Legal Profession: Regulation after Admission - Misconduct Outside the
Jurisdiction - CORRECT ANSWER - a lawyer is subject to discipline for misconduct in any
jurisdiction where the lawyer is admitted to practice, even if the misconduct occurred outside of
that jurisdiction; also subject to discipline by the jurisdiction where misconduct occurred
Regulation of Legal Profession: Regulation after Admission - Sanctions for Misconduct -
CORRECT ANSWER - set by each state; ranges from public/private censure to disbarment
Regulation of Legal Profession: Peer Responsibility - CORRECT ANSWER - duty to report
another lawyer's misconduct to the appropriate authority
the matter must raise a substantial question about the lawyer's honesty, trustworthiness, or
professional fitness
there is no requirement to disclose confidential info protected by the model rules
the lawyer must have actual knowledge of the misconduct (may be inferred)
similar duty to report judicial misconduct
failure to report misconduct may subject the lawyer to discipline
the report is privileged from a defamation claim by the other lawyer
Regulation of Legal Profession: Unauthorized Practice of Law - CORRECT ANSWER - not
admitted to practice in a jurisdiction - unless a pro hac vice appearance, in association with a
local lawyer, or other temporary practice of law
, exceptions permitting permanent practice: (1) provision of legal services only to the lawyer's
employer or its organizational affiliates, if the forum does not require pro hac vice admission, (2)
services rendered are permitted by federal or local law
assisting non-lawyers in the unauthorized practice of law - subject to civil/criminal penalties as
well as disciplinary proceedings; can provide professional guidance to non-lawyers whose
employment requires legal knowledge
Regulation of Legal Profession: Fee Division with Non-Lawyers - CORRECT ANSWER -
not permitted unless paid as a death benefit, a lawyer purchases the practice of a
deceased/disabled lawyer, part of a compensation/retirement plan, or shared court-awarded fees
with a non-profit organization that employed or retained the lawyer
Regulation of Legal Profession: Law Firm and Other Forms of Practice - "Law Firm" -
CORRECT ANSWER - a lawyer or lawyers in a partnership, professional corporation, sole
proprietorship, or other association authorized to practice law, or lawyers employed in a legal
services organization/legal department of organization; can include public holding out as firm
sharing of fees with lawyers in the same law firm is permitted
Regulation of Legal Profession: Law Firm and Other Forms of Practice - Limitations on
Associations with Non-Lawyers - CORRECT ANSWER - partnership: no partnership with a
non-lawyer if any of the partnership's activities consist of the practice of law
professional corporation: no practice of law for profit in or with an entity in which a non-lawyer
(i) owns an interest, (ii) is a corporate director, or (iii) has the right to direct or control a lawyer's
professional judgment
Regulation of Legal Profession: Law Firm and Other Forms of Practice - Third Party Refers
Client or Pays Fee - CORRECT ANSWER - a lawyer may accept compensation from a third
party so long as there is no interference with the lawyer's independent professional judgment and
the client gives informed consent
and CORRECT Answers
Regulation of Legal Profession: Inherent Powers of Courts to Regulate Lawyers - State Courts -
CORRECT ANSWER - Regulate all aspects of the practice of law within their jurisdiction,
each state with its own rules of professional conduct often based on the ABA Model Rules
Regulation of Legal Profession: Inherent Powers of Courts to Regulate Lawyers - Federal Courts
- CORRECT ANSWER - Each court has its own bar to which a lawyer must be admitted in
order to practice before the court
Regulation of Legal Profession: Admission to the Profession - Requirements for Admission -
CORRECT ANSWER - Education: most states require graduation from an ABA-accredited
law school
Knowledge: most states require applicants to pass a bar examination
Character: past conduct may be considered when assessing an applicant's good character and
general fitness to practice law; false statements to the bar examiners may result in a denial of
admission
Residency: no residency requirements
Regulation of Legal Profession: Admission to the Profession - Application Process - CORRECT
ANSWER - prohibited from knowingly making a false statement of material fact regarding
bar admission, failing to disclose a material fact, or knowingly failing to respond to lawful
demand by an admissions authority regarding application
can invoke the 5th amendment privilege; must do so openly, not simply omit info
violations of the model rules may prevent admission
,Regulation of Legal Profession: Regulation after Admission - Grounds of Misconduct -
CORRECT ANSWER - Violate or attempt to violate model rules, or knowingly assist or
induce another to do so
commit a criminal act that adversely reflect on the lawyer's honesty, trustworthiness, or fitness as
lawyerr
engage in conduct involving dishonesty, fraud, deceit, or misrepresentation
engage in conduct prejudicial to administration of justice
state or imply an ability to influence improperly gov't agency or official
knowingly assist a judge or judicial officer in violation of judicial conduct rules or other laws
engage in conduct that the lawyer knows or reasonably should know is harassment or
discrimination
Regulation of Legal Profession: Regulation after Admission - Misconduct Committed by Others
in Law Firm - CORRECT ANSWER - manager's responsibility: make reasonable efforts to
ensure firm has measures in place to give reasonable assurance that conduct of lawyers and non-
lawyers conforms to model rules
direct supervisor's responsibility: make reasonable efforts to ensure that the supervised person's
conduct conforms to model rules
failure to remediate: when a lawyer with managerial authority knows that the consequences of
misconduct can be avoided or mitigated but fails to take reasonable remedial action
duties of subordinate lawyer: must conform to model rules; not liable for violation of the rules if
the subordinate acts in accordance with the supervising lawyer's reasonable resolution of an
arguable question of professional duty
,Regulation of Legal Profession: Regulation after Admission - Misconduct Outside the
Jurisdiction - CORRECT ANSWER - a lawyer is subject to discipline for misconduct in any
jurisdiction where the lawyer is admitted to practice, even if the misconduct occurred outside of
that jurisdiction; also subject to discipline by the jurisdiction where misconduct occurred
Regulation of Legal Profession: Regulation after Admission - Sanctions for Misconduct -
CORRECT ANSWER - set by each state; ranges from public/private censure to disbarment
Regulation of Legal Profession: Peer Responsibility - CORRECT ANSWER - duty to report
another lawyer's misconduct to the appropriate authority
the matter must raise a substantial question about the lawyer's honesty, trustworthiness, or
professional fitness
there is no requirement to disclose confidential info protected by the model rules
the lawyer must have actual knowledge of the misconduct (may be inferred)
similar duty to report judicial misconduct
failure to report misconduct may subject the lawyer to discipline
the report is privileged from a defamation claim by the other lawyer
Regulation of Legal Profession: Unauthorized Practice of Law - CORRECT ANSWER - not
admitted to practice in a jurisdiction - unless a pro hac vice appearance, in association with a
local lawyer, or other temporary practice of law
, exceptions permitting permanent practice: (1) provision of legal services only to the lawyer's
employer or its organizational affiliates, if the forum does not require pro hac vice admission, (2)
services rendered are permitted by federal or local law
assisting non-lawyers in the unauthorized practice of law - subject to civil/criminal penalties as
well as disciplinary proceedings; can provide professional guidance to non-lawyers whose
employment requires legal knowledge
Regulation of Legal Profession: Fee Division with Non-Lawyers - CORRECT ANSWER -
not permitted unless paid as a death benefit, a lawyer purchases the practice of a
deceased/disabled lawyer, part of a compensation/retirement plan, or shared court-awarded fees
with a non-profit organization that employed or retained the lawyer
Regulation of Legal Profession: Law Firm and Other Forms of Practice - "Law Firm" -
CORRECT ANSWER - a lawyer or lawyers in a partnership, professional corporation, sole
proprietorship, or other association authorized to practice law, or lawyers employed in a legal
services organization/legal department of organization; can include public holding out as firm
sharing of fees with lawyers in the same law firm is permitted
Regulation of Legal Profession: Law Firm and Other Forms of Practice - Limitations on
Associations with Non-Lawyers - CORRECT ANSWER - partnership: no partnership with a
non-lawyer if any of the partnership's activities consist of the practice of law
professional corporation: no practice of law for profit in or with an entity in which a non-lawyer
(i) owns an interest, (ii) is a corporate director, or (iii) has the right to direct or control a lawyer's
professional judgment
Regulation of Legal Profession: Law Firm and Other Forms of Practice - Third Party Refers
Client or Pays Fee - CORRECT ANSWER - a lawyer may accept compensation from a third
party so long as there is no interference with the lawyer's independent professional judgment and
the client gives informed consent
