MPRE ACTUAL UPDATED Exam
Questions and CORRECT Answers
An attorney was at a party talking with his friend when the friend confessed that while serving as
trustee of a now defunct charitable trust, she had embezzled funds from the trust. The attorney
urged the friend, who was also a lawyer, to set matters straight, but otherwise took no action. The
friend did not take any remedial action. Was the attorney's conduct proper?
(A) Yes, because the friend was serving as a trustee rather than an attorney at the time that the
friend embezzled the funds, so the friend's conduct did not constitute a violation of the Model
Rules of Professional Conduct.
(B)Yes, because the attorney did not learn of his friend's misconduct as a legal representative.
(C) No, because the attorney failed to inform the appropriate authority that another lawyer had
embezzled trust funds.
(D) No, because the friend failed to take remedial action - CORRECT ANSWER - (C) No,
because the attorney failed to inform the appropriate authority that another lawyer had
embezzled trust funds.
An attorney and a prospective client met to discuss whether the attorney would represent the
client in a contractual dispute. During the conversation, the potential plaintiff spoke to the
attorney about her litigation objectives and how much she would be able to pay the attorney. As
they were wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on
the wall. The client confided in the attorney that she had a son the same age, but she had given
him up for adoption because she was an unwed teenager when he was born. She told the attorney
that no one except her family knew about the adoption, and she asked the attorney to keep it
confidential. Is the information about the client's pregnancy protected by the attorney-client
privilege?
(A) No, because the woman had not retained the attorney when the conversation took place.
,(B)No, because the communication was not relayed for legal advice. - CORRECT
ANSWER - (B)No, because the communication was not relayed for legal advice.
An attorney represented an incorporated delivery business in a negligence lawsuit stemming
from an accident involving a driver employed by the business. The attorney was selected and
directed by the president and sole shareholder of the business. After interviewing another
employee who witnessed the accident, the attorney engaged in sexual relations with this witness-
employee. The attorney did not discuss his professional responsibility obligations regarding
sexual relations with the witness-employee. Is the attorney subject to discipline for engaging in
sexual relations with the witness-employee?
(A) No, because the witness-employee did not supervise, direct, or regularly consult with the
attorney concerning the delivery business's legal matters.
(B) No, because the conflict of interest arising from sexual relations with a client does not apply
when the client is an entity rather than an individual.
(C)Yes, because - CORRECT ANSWER - (A) No, because the witness-employee did not
supervise, direct, or regularly consult with the attorney concerning the delivery business's legal
matters.
An attorney successfully represented a woman charged with operating a house of prostitution.
Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged
brothel sought to hire the attorney to represent him. The woman told the attorney that she did not
object to his representation of any of the men charged with solicitation, but she refused to sign a
written statement to that effect because she no longer wanted to be linked to the charges in any
written document. Would it be proper for the attorney to accept the politician as a client?
(A) No, because the attorney represented the woman previously.
(B) No, because the politician's claim is substantially related to the matter in which the attorney
represented the woman.
(C) Yes, because the attorney received the woman's informed oral consent.
(D) Yes, although the attorney did not receive the woman's informed consent in writing -
CORRECT ANSWER - (D) Yes, although the attorney did not receive the woman's informed
consent in writing
,After working for several years in the civil division of a state attorney general's office, an
attorney left the attorney general's office and joined a private law firm. The law firm represented
a defendant in the appeal of his criminal conviction, which had been obtained by the criminal
division of the attorney general's office while the attorney was employed in the civil division.
The attorney was assigned to the team representing the defendant. The attorney did not seek the
consent of the attorney general's office to the attorney's participation in the firm's representation
of the defendant. Is the attorney's participation in the firm's representation of the defendant in an
appellate action proper?
(A) No, because the attorney did not obtain the attorney general's consent prior to his
representation of the defendant.
(B) No, because the defendant's conviction was obtained by the attorney general's office while th
- CORRECT ANSWER - (D) Yes, because the attorney did not participate in the defendant's
conviction while working at the attorney general's office.
An attorney decided to accept a case although a verdict in favor of his client would cause his
own property to decrease substantially in value. The attorney explained the situation to the client,
and the client consented in writing to the representation. After the court ruled against the
attorney, the client filed a complaint with the disciplinary board alleging that the attorney should
not have accepted the case. By what standard should the attorney's action be judged to determine
whether he violated the conflict-of-interest rules?
(A) The attorney must have honestly believed that he could provide competent and diligent
representation to the client.
(B) The attorney must have reasonably believed that he could provide competent and diligent
representation to the client.
(C) The client must have believed that the attorney could provide competent and diligent
representation to him.
(D) The attorney must have provided - CORRECT ANSWER - (B) The attorney must have
reasonably believed that he could provide competent and diligent representation to the client.
A woman had a meeting with an attorney to discuss the attorney's possible representation of her
in a divorce. They discussed the facts and circumstances of the divorce, as well as the attorney's
fees. At the conclusion of the meeting, the woman told the attorney that she looked forward to
working with him. The attorney sent her home with a representation agreement, which he told
her to sign and return to him with the discussed retainer. Later that day, the woman's husband,
, who was a senior manager of a large corporation, asked the attorney to represent him. The
attorney realized that he might be able to get other business from the husband and agreed to
represent him. When the wife returned the signed representation agreement, the attorney
informed her that he was now representing her husband. Is the attorney's representation of the
husband proper?
(A) No, because the wife had discussed the facts and circumstances of - CORRECT
ANSWER - (A) No, because the wife had discussed the facts and circumstances of her
divorce with the attorney.
An elderly client hired an attorney to amend his will to provide the client's nephew with a
specific tract of heavily wooded property that he knew the nephew loved to use for hunting. The
wooded property was one of many tracts of land on a vast stretch of property owned by the
client. After the client died, the nephew discovered that the tract of land actually left to him was
a patch of rocky shore abutting a large lake two plots down from the wooded property. The error
occurred because the attorney had mistakenly listed the incorrect address for the property that the
client sought to transfer to his nephew. The nephew, having been told by his grandfather that he
would receive the wooded property, filed an action to have the wooded property transferred to
him. During the estate proceedings, the court held that there was insufficient evidence to
establish that the client intended to transfer the wooded property to the - CORRECT
ANSWER - (C) Yes, because the attorney knew that his client wanted the will to provide the
nephew with the wooded property.
A farmer asked his attorney to draft a letter in connection with a loan transaction. The letter
issued by the attorney stated that the farm equipment to be pledged by the farmer to the lender to
secure the loan was not subject to prior liens. The letter did not indicate that the attorney had
relied on the farmer's statement to that effect and had not performed, as custom would require, a
search of the relevant public records. Such a search would have revealed that the farmer's
statement was false. At the farmer's direction, the attorney, unaware that the farmer had
misinformed him as to the existence of the liens, sent the letter to the lender, who relied on it in
making the loan. Subsequently, the farmer defaulted on the loan and, due to the prior liens, the
lender was unable to recoup the outstanding balance owed by the farmer on the loan. Is the
lawyer likely subject to civil liability to the lender?
(B) No, beca - CORRECT ANSWER - (C) Yes, because the attorney failed to comply with
his duty of care with regard to the letter.
Questions and CORRECT Answers
An attorney was at a party talking with his friend when the friend confessed that while serving as
trustee of a now defunct charitable trust, she had embezzled funds from the trust. The attorney
urged the friend, who was also a lawyer, to set matters straight, but otherwise took no action. The
friend did not take any remedial action. Was the attorney's conduct proper?
(A) Yes, because the friend was serving as a trustee rather than an attorney at the time that the
friend embezzled the funds, so the friend's conduct did not constitute a violation of the Model
Rules of Professional Conduct.
(B)Yes, because the attorney did not learn of his friend's misconduct as a legal representative.
(C) No, because the attorney failed to inform the appropriate authority that another lawyer had
embezzled trust funds.
(D) No, because the friend failed to take remedial action - CORRECT ANSWER - (C) No,
because the attorney failed to inform the appropriate authority that another lawyer had
embezzled trust funds.
An attorney and a prospective client met to discuss whether the attorney would represent the
client in a contractual dispute. During the conversation, the potential plaintiff spoke to the
attorney about her litigation objectives and how much she would be able to pay the attorney. As
they were wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on
the wall. The client confided in the attorney that she had a son the same age, but she had given
him up for adoption because she was an unwed teenager when he was born. She told the attorney
that no one except her family knew about the adoption, and she asked the attorney to keep it
confidential. Is the information about the client's pregnancy protected by the attorney-client
privilege?
(A) No, because the woman had not retained the attorney when the conversation took place.
,(B)No, because the communication was not relayed for legal advice. - CORRECT
ANSWER - (B)No, because the communication was not relayed for legal advice.
An attorney represented an incorporated delivery business in a negligence lawsuit stemming
from an accident involving a driver employed by the business. The attorney was selected and
directed by the president and sole shareholder of the business. After interviewing another
employee who witnessed the accident, the attorney engaged in sexual relations with this witness-
employee. The attorney did not discuss his professional responsibility obligations regarding
sexual relations with the witness-employee. Is the attorney subject to discipline for engaging in
sexual relations with the witness-employee?
(A) No, because the witness-employee did not supervise, direct, or regularly consult with the
attorney concerning the delivery business's legal matters.
(B) No, because the conflict of interest arising from sexual relations with a client does not apply
when the client is an entity rather than an individual.
(C)Yes, because - CORRECT ANSWER - (A) No, because the witness-employee did not
supervise, direct, or regularly consult with the attorney concerning the delivery business's legal
matters.
An attorney successfully represented a woman charged with operating a house of prostitution.
Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged
brothel sought to hire the attorney to represent him. The woman told the attorney that she did not
object to his representation of any of the men charged with solicitation, but she refused to sign a
written statement to that effect because she no longer wanted to be linked to the charges in any
written document. Would it be proper for the attorney to accept the politician as a client?
(A) No, because the attorney represented the woman previously.
(B) No, because the politician's claim is substantially related to the matter in which the attorney
represented the woman.
(C) Yes, because the attorney received the woman's informed oral consent.
(D) Yes, although the attorney did not receive the woman's informed consent in writing -
CORRECT ANSWER - (D) Yes, although the attorney did not receive the woman's informed
consent in writing
,After working for several years in the civil division of a state attorney general's office, an
attorney left the attorney general's office and joined a private law firm. The law firm represented
a defendant in the appeal of his criminal conviction, which had been obtained by the criminal
division of the attorney general's office while the attorney was employed in the civil division.
The attorney was assigned to the team representing the defendant. The attorney did not seek the
consent of the attorney general's office to the attorney's participation in the firm's representation
of the defendant. Is the attorney's participation in the firm's representation of the defendant in an
appellate action proper?
(A) No, because the attorney did not obtain the attorney general's consent prior to his
representation of the defendant.
(B) No, because the defendant's conviction was obtained by the attorney general's office while th
- CORRECT ANSWER - (D) Yes, because the attorney did not participate in the defendant's
conviction while working at the attorney general's office.
An attorney decided to accept a case although a verdict in favor of his client would cause his
own property to decrease substantially in value. The attorney explained the situation to the client,
and the client consented in writing to the representation. After the court ruled against the
attorney, the client filed a complaint with the disciplinary board alleging that the attorney should
not have accepted the case. By what standard should the attorney's action be judged to determine
whether he violated the conflict-of-interest rules?
(A) The attorney must have honestly believed that he could provide competent and diligent
representation to the client.
(B) The attorney must have reasonably believed that he could provide competent and diligent
representation to the client.
(C) The client must have believed that the attorney could provide competent and diligent
representation to him.
(D) The attorney must have provided - CORRECT ANSWER - (B) The attorney must have
reasonably believed that he could provide competent and diligent representation to the client.
A woman had a meeting with an attorney to discuss the attorney's possible representation of her
in a divorce. They discussed the facts and circumstances of the divorce, as well as the attorney's
fees. At the conclusion of the meeting, the woman told the attorney that she looked forward to
working with him. The attorney sent her home with a representation agreement, which he told
her to sign and return to him with the discussed retainer. Later that day, the woman's husband,
, who was a senior manager of a large corporation, asked the attorney to represent him. The
attorney realized that he might be able to get other business from the husband and agreed to
represent him. When the wife returned the signed representation agreement, the attorney
informed her that he was now representing her husband. Is the attorney's representation of the
husband proper?
(A) No, because the wife had discussed the facts and circumstances of - CORRECT
ANSWER - (A) No, because the wife had discussed the facts and circumstances of her
divorce with the attorney.
An elderly client hired an attorney to amend his will to provide the client's nephew with a
specific tract of heavily wooded property that he knew the nephew loved to use for hunting. The
wooded property was one of many tracts of land on a vast stretch of property owned by the
client. After the client died, the nephew discovered that the tract of land actually left to him was
a patch of rocky shore abutting a large lake two plots down from the wooded property. The error
occurred because the attorney had mistakenly listed the incorrect address for the property that the
client sought to transfer to his nephew. The nephew, having been told by his grandfather that he
would receive the wooded property, filed an action to have the wooded property transferred to
him. During the estate proceedings, the court held that there was insufficient evidence to
establish that the client intended to transfer the wooded property to the - CORRECT
ANSWER - (C) Yes, because the attorney knew that his client wanted the will to provide the
nephew with the wooded property.
A farmer asked his attorney to draft a letter in connection with a loan transaction. The letter
issued by the attorney stated that the farm equipment to be pledged by the farmer to the lender to
secure the loan was not subject to prior liens. The letter did not indicate that the attorney had
relied on the farmer's statement to that effect and had not performed, as custom would require, a
search of the relevant public records. Such a search would have revealed that the farmer's
statement was false. At the farmer's direction, the attorney, unaware that the farmer had
misinformed him as to the existence of the liens, sent the letter to the lender, who relied on it in
making the loan. Subsequently, the farmer defaulted on the loan and, due to the prior liens, the
lender was unable to recoup the outstanding balance owed by the farmer on the loan. Is the
lawyer likely subject to civil liability to the lender?
(B) No, beca - CORRECT ANSWER - (C) Yes, because the attorney failed to comply with
his duty of care with regard to the letter.
