MPRE Practice Exam I review UPDATED
ACTUAL Exam Questions and CORRECT
Answers
A toy manufacturer was sued by the parent of a child injured by one of its products. As the
manufacturer's attorney was preparing to respond to a discovery request from the plaintiff, the
attorney found a document that was very damaging to his client's case. Prior to complying with
the discovery request and turning over the document, the attorney called his opposing counsel
and offered to settle the case. The attorney stated that although he believed his client was very
likely to win a summary judgment motion, they would settle the case for a modest amount to
save the costs of litigation. In fact, the attorney believed his client had no chance of winning a
summary judgment motion and was also likely to lose at trial based on the document he had
found. The opposing counsel declined the attorney's offer. The attorney turned over the
document, and the case proceeded to trial, where judgment was awarded to the plaintiff. -
CORRECT ANSWER - c. Yes, because the attorney's statement did not constitute a statement
of fact.
Answer choice A is incorrect because the attorney did not make a false statement of material
fact; this statement constituted permissible puffing. Answer choice B is incorrect because
although an attorney is prohibited from making false statements of material fact, an attorney does
not owe the duty of candor to opposing counsel that she owes to the court. Answer choice D is
incorrect because although the opposing counsel did not accept the attorney's offer and hence the
plaintiff was not harmed by the attorney's statements, the absence of harm does not prevent an
attorney's action from being a violation of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his
client's family physician and the client's only daughter to determine whether a guardian should
be appointed to monitor the client's finances. These were the only discussions the attorney had
ever had with either the physician or the daughter. In these discussions, the attorney revealed
confidential information about a bank account maintained by the client before learning that the
daughter and her mother were estranged because the daughter had stolen from her mother in the
past. Was the attorney's revelation of the confidential information proper?
a. Yes, because the attorney was trying to determine whether his client needed a guardian.
,b. Yes, because the daughter had relevant information to help determine whether the client
needed a guardian.
c. No, because the attorney should not have disclosed confidential informatio - CORRECT
ANSWER - d. No, because the attorney did not first determine whether either the doctor or
his client's daughter might act adversely to his client's interests.
Answer choice A is incorrect because, while the attorney may disclose confidential information
when taking protective action for a client with diminished capacity, he should first consider
whether it is likely that the person consulted will act adversely to the client's interests. Here, the
daughter, based on her past interaction with her mother, could take action that would be
antithetical to her mother's financial interests. Answer choice B is incorrect because, although the
daughter likely had relevant information, whether the information is relevant is not the only
consideration. Answer choice C is incorrect because prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after consultation
with and approval by the client, employed a surveyor. The attorney, who had used and
compensated the surveyor in previous, similar situations for other clients, described the purpose
of the survey and the party she represented to the surveyor. The retainer agreement between the
attorney and the client specified that the client was responsible for payment of all litigation
expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to
the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct
conversation with his neighbor, reached an agreement over the boundary between their
properties. The client paid the attorney her fee as agreed upon in the retainer agreement but
refused to pay the attorney for the cost of the survey. Is the attorney likely subj - CORRECT
ANSWER - d. Yes, because of the nature of the services rendered by the surveyor.
Answer choice A is incorrect because, although the client was contractually obligated to pay
litigation expenses (as is generally required by the Model Rules of Professional Conduct except
in the case of a contingency fee arrangement or an indigent client), the attorney is liable to the
surveyor; note, though, that the attorney is entitled to seek reimbursement from the client for the
payment of the surveyor's bill. Answer choice B is incorrect because, although the client was
consulted about and approved the hiring of the surveyor, the attorney is liable to the surveyor,
even though the attorney is entitled to seek reimbursement from the client for payment of the
surveyor's bill. Answer choice C is incorrect because the Model Rules of Professional Conduct
generally require the client, not the attorney, to bear responsibility for the payment of litigation
expenses.
,Section: Civil Liability To Non-clients
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of the
defendant. The judge's niece was a salaried associate in the estate planning department of the law
firm representing the plaintiff. At the initial scheduling conference, the judge disclosed this
relationship to the parties. Subsequently, the judge also disclosed that a person listed by the
plaintiff as a material witness was his wife's nephew. Neither the niece nor the nephew resided in
the judge's household. Neither party moved to disqualify the judge. Other than the disclosures
made by the judge, there were no grounds upon which the judge's impartiality could be
reasonably questioned. Should the judge disqualify himself from presiding over this action?
a. Yes, because of the judge's relationship with a member of the law firm repres - CORRECT
ANSWER - b. Yes, because of the judge's familial relationship with the material witness.
Answer choice A is incorrect because a judge must disqualify himself in a matter if he knows
that he or his spouse or domestic partner shares a third-degree or closer relationship to an
attorney who represents a party in the case. A third-degree relationship includes a niece of the
judge. However, the employment of the judge's niece as a lawyer by the same law firm as the
attorney who represents a party does not automatically require the judge to disqualify himself
unless the niece has more than a de minimis interest that could be affected by the proceedings.
Since the niece was not employed by the department of the firm handling the case and since the
income of the niece, as a salaried associate, would not be directly affected by the outcome of the
case, the niece's interest in the case likely was de minimis. Accordingly, the judge's impartiality
probably cannot be reasonably questioned on the grounds of his relationship with his niece,
making B a better answer. Answer choice C is incorrect because a judge may be required to
disqualify himself even if a party does not seek his disqualification. Answer choice D is incorrect
because, although the standard for disqualification when a relative of the judge has an economic
interest in the subject matter of the controversy or is a party to the proceeding is based in part on
whether the relative resides in the judge's household, disqualification can be appropriate for a
relative within the third degree of relationship even though that relative does not reside in the
judge's household in certain circumstances, such as when a relative is likely to be a material
witness.
Section: Duties Of Impartiality, Competence, And Diligence
, An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less
progressive than he. The attorney accepted the case of a client whose claim was not supported by
law within the jurisdiction. If the client had been able to bring the claim in another state,
however, his claim would likely have been successful. The attorney accepted the claim despite
his knowledge that the client would lose because he was confident that the media attention would
provide momentum for a change of the law. He notified the client of the likelihood of losing, but
the client wished to pursue the claim regardless. Is the attorney subject to discipline for bringing
this suit?
a. No, because the client wishes to pursue the claim even if it will be unsuccessful.
b. No, because the case, even if unsuccessful, might lead to a change in existing law.
c. Yes, because he knows the claim will likely lose.
d. Yes, beca - CORRECT ANSWER - b. No, because the case, even if unsuccessful, might
lead to a change in existing law.
Answer choice A is incorrect because the attorney must determine whether a claim is frivolous,
independent of the client's objectives. A claim that a client wishes to pursue may, in fact, be
frivolous. Answer choice C is incorrect because a claim is not frivolous merely because the
client's position will ultimately not prevail. Answer choice D is incorrect because, although there
was no legal precedent in the jurisdiction that would help him win the case, the claim was not
frivolous in light of the attorney's attempt to make a good-faith argument to modify existing law.
Section: Conduct In The Course Of Litigation
While using the copy machine, a transactional associate overheard two summer interns talking in
the next room about a litigation associate in the firm. The interns, who did not see the
transactional associate or know he was there, discussed the litigation associate's behavior and
speculated that she had been drinking while at work. They said they believed that her drinking
had caused her to make several mistakes in active cases. The interns never mentioned the
litigation associate by name, but the transactional associate knew that they primarily worked with
one attorney. He had never seen the litigation associate drinking and had always heard that her
work was satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the disciplinary
board against the litigation associate that included allegations related to - CORRECT
ANSWER - a. No, because the transactional associate did not have actual knowledge of any
misconduct.
ACTUAL Exam Questions and CORRECT
Answers
A toy manufacturer was sued by the parent of a child injured by one of its products. As the
manufacturer's attorney was preparing to respond to a discovery request from the plaintiff, the
attorney found a document that was very damaging to his client's case. Prior to complying with
the discovery request and turning over the document, the attorney called his opposing counsel
and offered to settle the case. The attorney stated that although he believed his client was very
likely to win a summary judgment motion, they would settle the case for a modest amount to
save the costs of litigation. In fact, the attorney believed his client had no chance of winning a
summary judgment motion and was also likely to lose at trial based on the document he had
found. The opposing counsel declined the attorney's offer. The attorney turned over the
document, and the case proceeded to trial, where judgment was awarded to the plaintiff. -
CORRECT ANSWER - c. Yes, because the attorney's statement did not constitute a statement
of fact.
Answer choice A is incorrect because the attorney did not make a false statement of material
fact; this statement constituted permissible puffing. Answer choice B is incorrect because
although an attorney is prohibited from making false statements of material fact, an attorney does
not owe the duty of candor to opposing counsel that she owes to the court. Answer choice D is
incorrect because although the opposing counsel did not accept the attorney's offer and hence the
plaintiff was not harmed by the attorney's statements, the absence of harm does not prevent an
attorney's action from being a violation of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his
client's family physician and the client's only daughter to determine whether a guardian should
be appointed to monitor the client's finances. These were the only discussions the attorney had
ever had with either the physician or the daughter. In these discussions, the attorney revealed
confidential information about a bank account maintained by the client before learning that the
daughter and her mother were estranged because the daughter had stolen from her mother in the
past. Was the attorney's revelation of the confidential information proper?
a. Yes, because the attorney was trying to determine whether his client needed a guardian.
,b. Yes, because the daughter had relevant information to help determine whether the client
needed a guardian.
c. No, because the attorney should not have disclosed confidential informatio - CORRECT
ANSWER - d. No, because the attorney did not first determine whether either the doctor or
his client's daughter might act adversely to his client's interests.
Answer choice A is incorrect because, while the attorney may disclose confidential information
when taking protective action for a client with diminished capacity, he should first consider
whether it is likely that the person consulted will act adversely to the client's interests. Here, the
daughter, based on her past interaction with her mother, could take action that would be
antithetical to her mother's financial interests. Answer choice B is incorrect because, although the
daughter likely had relevant information, whether the information is relevant is not the only
consideration. Answer choice C is incorrect because prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after consultation
with and approval by the client, employed a surveyor. The attorney, who had used and
compensated the surveyor in previous, similar situations for other clients, described the purpose
of the survey and the party she represented to the surveyor. The retainer agreement between the
attorney and the client specified that the client was responsible for payment of all litigation
expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to
the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct
conversation with his neighbor, reached an agreement over the boundary between their
properties. The client paid the attorney her fee as agreed upon in the retainer agreement but
refused to pay the attorney for the cost of the survey. Is the attorney likely subj - CORRECT
ANSWER - d. Yes, because of the nature of the services rendered by the surveyor.
Answer choice A is incorrect because, although the client was contractually obligated to pay
litigation expenses (as is generally required by the Model Rules of Professional Conduct except
in the case of a contingency fee arrangement or an indigent client), the attorney is liable to the
surveyor; note, though, that the attorney is entitled to seek reimbursement from the client for the
payment of the surveyor's bill. Answer choice B is incorrect because, although the client was
consulted about and approved the hiring of the surveyor, the attorney is liable to the surveyor,
even though the attorney is entitled to seek reimbursement from the client for payment of the
surveyor's bill. Answer choice C is incorrect because the Model Rules of Professional Conduct
generally require the client, not the attorney, to bear responsibility for the payment of litigation
expenses.
,Section: Civil Liability To Non-clients
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the
defendant was served, a partner from a large law firm filed an appearance on behalf of the
defendant. The judge's niece was a salaried associate in the estate planning department of the law
firm representing the plaintiff. At the initial scheduling conference, the judge disclosed this
relationship to the parties. Subsequently, the judge also disclosed that a person listed by the
plaintiff as a material witness was his wife's nephew. Neither the niece nor the nephew resided in
the judge's household. Neither party moved to disqualify the judge. Other than the disclosures
made by the judge, there were no grounds upon which the judge's impartiality could be
reasonably questioned. Should the judge disqualify himself from presiding over this action?
a. Yes, because of the judge's relationship with a member of the law firm repres - CORRECT
ANSWER - b. Yes, because of the judge's familial relationship with the material witness.
Answer choice A is incorrect because a judge must disqualify himself in a matter if he knows
that he or his spouse or domestic partner shares a third-degree or closer relationship to an
attorney who represents a party in the case. A third-degree relationship includes a niece of the
judge. However, the employment of the judge's niece as a lawyer by the same law firm as the
attorney who represents a party does not automatically require the judge to disqualify himself
unless the niece has more than a de minimis interest that could be affected by the proceedings.
Since the niece was not employed by the department of the firm handling the case and since the
income of the niece, as a salaried associate, would not be directly affected by the outcome of the
case, the niece's interest in the case likely was de minimis. Accordingly, the judge's impartiality
probably cannot be reasonably questioned on the grounds of his relationship with his niece,
making B a better answer. Answer choice C is incorrect because a judge may be required to
disqualify himself even if a party does not seek his disqualification. Answer choice D is incorrect
because, although the standard for disqualification when a relative of the judge has an economic
interest in the subject matter of the controversy or is a party to the proceeding is based in part on
whether the relative resides in the judge's household, disqualification can be appropriate for a
relative within the third degree of relationship even though that relative does not reside in the
judge's household in certain circumstances, such as when a relative is likely to be a material
witness.
Section: Duties Of Impartiality, Competence, And Diligence
, An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less
progressive than he. The attorney accepted the case of a client whose claim was not supported by
law within the jurisdiction. If the client had been able to bring the claim in another state,
however, his claim would likely have been successful. The attorney accepted the claim despite
his knowledge that the client would lose because he was confident that the media attention would
provide momentum for a change of the law. He notified the client of the likelihood of losing, but
the client wished to pursue the claim regardless. Is the attorney subject to discipline for bringing
this suit?
a. No, because the client wishes to pursue the claim even if it will be unsuccessful.
b. No, because the case, even if unsuccessful, might lead to a change in existing law.
c. Yes, because he knows the claim will likely lose.
d. Yes, beca - CORRECT ANSWER - b. No, because the case, even if unsuccessful, might
lead to a change in existing law.
Answer choice A is incorrect because the attorney must determine whether a claim is frivolous,
independent of the client's objectives. A claim that a client wishes to pursue may, in fact, be
frivolous. Answer choice C is incorrect because a claim is not frivolous merely because the
client's position will ultimately not prevail. Answer choice D is incorrect because, although there
was no legal precedent in the jurisdiction that would help him win the case, the claim was not
frivolous in light of the attorney's attempt to make a good-faith argument to modify existing law.
Section: Conduct In The Course Of Litigation
While using the copy machine, a transactional associate overheard two summer interns talking in
the next room about a litigation associate in the firm. The interns, who did not see the
transactional associate or know he was there, discussed the litigation associate's behavior and
speculated that she had been drinking while at work. They said they believed that her drinking
had caused her to make several mistakes in active cases. The interns never mentioned the
litigation associate by name, but the transactional associate knew that they primarily worked with
one attorney. He had never seen the litigation associate drinking and had always heard that her
work was satisfactory, so he dismissed the discussion as mere gossip and did not take any action
based on the information. Several months later, a client filed a complaint with the disciplinary
board against the litigation associate that included allegations related to - CORRECT
ANSWER - a. No, because the transactional associate did not have actual knowledge of any
misconduct.
