BARBRI MPRE ACTUAL UPDATED
Exam Questions and CORRECT Answers
A lawyer is not permitted to report another lawyers violation of the rules of professional conduct
if: - CORRECT ANSWER - The lawyer learned about the violation through a priviledged
communjcation with one of his clients
A contingent fee may be valid even if it is: - CORRECT ANSWER - Not based on the amount
recovered by the client
T or F: a contingent fee may be oral - CORRECT ANSWER - False. A contingent fee must be
in writing and signed by the client
A written contingent fee must state - CORRECT ANSWER - How the fee is calculated, what
expenses are to be deducted, whether educations of expenses are made before or after the fee is
calculated, and what expenses the client must pay whether or not she wins the case
A contingent fee is not permitted in what types of cases? - CORRECT ANSWER - Criminal
and domestic relations
The ultimate power to regulate the legal profession rests with: - CORRECT ANSWER - The
highest court in the state
What is the lawyers duty regarding confidential information supplied by client with diminished
capacity who face is a risk of substantial physical, financial, or other harm - CORRECT
ANSWER - The lawyer has implied authority to reveal the clients confidential information,
but only to the extent necessary to protect the client
Under the model rules of professional conduct, lawyer is subject to discipline for committing any
criminal act... - CORRECT ANSWER - That reflect adversely on her honesty,
trustworthiness, or fitness as a lawyer in other respects
, A lawyer client relationship arises when: - CORRECT ANSWER - - a person manifest an
intent that the lawyer provide legal services
- and the lawyer agrees
T or F: a Lawyer paying a small portion of his fee to another lawyer who had recommended him
to the client is a proper fee splitting arrangement - CORRECT ANSWER - False. A lawyer
cannot split fees with a referring lawyer
T or F: in determining whether an nonlawyers activity should be considered the unauthorized
practice of law, examining whether an exchange for payment is pro bono or not is irrelevant -
CORRECT ANSWER - True. Whether someone was paid for their services or not doesn't
matter in the determination
Difference between a retainer fee and a payment in advance: - CORRECT ANSWER --
retainer: money paid solely to ensure future availability of the lawyer
- payment in advance: payment for services yet to be rendered
A lawyer who was admitted to practice law in one state, but improperly practices in another
state, will be subject to disciplinary rules of: - CORRECT ANSWER - Both states
What types of crimes would be sufficient basis by itself to deny an candidates application to
practice law? - CORRECT ANSWER - A conviction of a crime involving moral turpitude
T or F: When a lawyer is representing a corporation, there is no need for a corporate employee to
explicitly invoke the attorney-client privilege for the privilege to apply. - CORRECT
ANSWER - True
Does information have to be passed directly between the attorney and the client for it to be
protected by attorney-client privilege? - CORRECT ANSWER - No. Communications can be
passed between agents of the client or the attorney as well and still be protected.
Exam Questions and CORRECT Answers
A lawyer is not permitted to report another lawyers violation of the rules of professional conduct
if: - CORRECT ANSWER - The lawyer learned about the violation through a priviledged
communjcation with one of his clients
A contingent fee may be valid even if it is: - CORRECT ANSWER - Not based on the amount
recovered by the client
T or F: a contingent fee may be oral - CORRECT ANSWER - False. A contingent fee must be
in writing and signed by the client
A written contingent fee must state - CORRECT ANSWER - How the fee is calculated, what
expenses are to be deducted, whether educations of expenses are made before or after the fee is
calculated, and what expenses the client must pay whether or not she wins the case
A contingent fee is not permitted in what types of cases? - CORRECT ANSWER - Criminal
and domestic relations
The ultimate power to regulate the legal profession rests with: - CORRECT ANSWER - The
highest court in the state
What is the lawyers duty regarding confidential information supplied by client with diminished
capacity who face is a risk of substantial physical, financial, or other harm - CORRECT
ANSWER - The lawyer has implied authority to reveal the clients confidential information,
but only to the extent necessary to protect the client
Under the model rules of professional conduct, lawyer is subject to discipline for committing any
criminal act... - CORRECT ANSWER - That reflect adversely on her honesty,
trustworthiness, or fitness as a lawyer in other respects
, A lawyer client relationship arises when: - CORRECT ANSWER - - a person manifest an
intent that the lawyer provide legal services
- and the lawyer agrees
T or F: a Lawyer paying a small portion of his fee to another lawyer who had recommended him
to the client is a proper fee splitting arrangement - CORRECT ANSWER - False. A lawyer
cannot split fees with a referring lawyer
T or F: in determining whether an nonlawyers activity should be considered the unauthorized
practice of law, examining whether an exchange for payment is pro bono or not is irrelevant -
CORRECT ANSWER - True. Whether someone was paid for their services or not doesn't
matter in the determination
Difference between a retainer fee and a payment in advance: - CORRECT ANSWER --
retainer: money paid solely to ensure future availability of the lawyer
- payment in advance: payment for services yet to be rendered
A lawyer who was admitted to practice law in one state, but improperly practices in another
state, will be subject to disciplinary rules of: - CORRECT ANSWER - Both states
What types of crimes would be sufficient basis by itself to deny an candidates application to
practice law? - CORRECT ANSWER - A conviction of a crime involving moral turpitude
T or F: When a lawyer is representing a corporation, there is no need for a corporate employee to
explicitly invoke the attorney-client privilege for the privilege to apply. - CORRECT
ANSWER - True
Does information have to be passed directly between the attorney and the client for it to be
protected by attorney-client privilege? - CORRECT ANSWER - No. Communications can be
passed between agents of the client or the attorney as well and still be protected.
