BARBRI MPRE UPDATED ACTUAL
Exam Questions and CORRECT Answers
Who has the ultimate power to regulate the legal profession? - CORRECT ANSWER - the
highest court in the state
Requirements for Admission to the Practice of Law - CORRECT ANSWER - -successfully
completed college and law school
-passed a bar exam
-submitted a bar application including proof of good moral character
Rule 8.1: Bar Admission and Disciplinary Matters - CORRECT ANSWER - (a) an applicant
for admission to the bar, or a lawyer in connection with a bar admission application, must not
knowingly make a false statement of material fact
(b) an applicant (or lawyer in connection with) must not (1) fail to disclose a fact necessary to
correct a misapprehension known by the person to have arisen in the matter, or (2) knowingly
fail to respond to a lawful demand for information from an admissions authority
Burden of Proof and Duties of Applicant - CORRECT ANSWER - the burden of coming
forward and establishing good moral character is on the applicant
What conduct is relevant to moral character? - CORRECT ANSWER - All aspects of an
applicant's past conduct that reflect on his honesty and integrity.
This includes crimes and non-crimes, as well as crimes that he was acquitted of.
To cause disqualification of an applicant, the crime in question must involve... - CORRECT
ANSWER - moral turpitude (including crimes involving intentional dishonesty for the
purpose of personal gain and crimes of violence)
,Concealment of Past Conduct - CORRECT ANSWER - False statements or concealment of
facts in response to an inquiry by the admissions committee is itself evidence of sufficient lack of
moral character to deny admission—even if the underlying conduct does not involve moral
turpitude.
What are not valid requirements for admission? - CORRECT ANSWER - citizenship and
residency
What constitutes professional misconduct? (Rule 8.4) - CORRECT ANSWER - (a)
misconduct for a lawyer to (1) violate or attempt to violate any of the rules, (2) knowingly assist
or induce another person to violate the rules, or (3) use the acts of another person to commit a
violation
(b) committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as
a lawyer
(c) any conduct involving dishonesty, fraud, deceit, or misrepresentation
(d) engaging in conduct that is prejudicial to the administration of justice
(e) stating or implying that he has the ability to improperly influence a government agency or
official
(f) knowingly assisting a judge or judicial officer in conduct that violates the CJC
(g) engage in harassment or discrimination in conduct related to the practice of law
8.4(g) does not limit a lawyer's ability to: - CORRECT ANSWER - (1) accept, decline, or
withdraw from a representation in accordance with 1.16, or limit her practice to members of
underserved populations in accordance with the Rules
(2) provide legitimate advocacy that is otherwise consistent with the Rules
(3) promote diversity or inclusion
Duty to Report Professional Misconduct (Rule 8.3) - CORRECT ANSWER - A lawyer who
knows that another lawyer has violated the Rules in such a way that it raises a substantial
question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer must report the
violation to the appropriate professional authority.
,What does "knowledge" mean? (Rule 1.0 Terminology) - CORRECT ANSWER - Actual
knowledge, but it may be inferred from the circumstances. It has been held to mean more than
mere suspicion. Thus, while a lawyer may report suspected misconduct, she must report known
misconduct.
Rule 8.3 Exceptions - CORRECT ANSWER - does not require disclosure of information
covered by the rules of confidentiality or obtained in a Lawyers Assistance Program
Choice of Law in Disciplinary Proceedings (Rule 8.5) - CORRECT ANSWER - If the
conduct in question occurred in connection with a proceeding that is pending before a tribunal,
the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunal's
rules provide otherwise. For any other conduct, the rules of the jurisdiction in which the conduct
occurred will apply, but if the predominant effect of the conduct is in some other jurisdiction,
that jurisdiction's rules will apply.
A lawyer will not be subject to discipline if her conduct is proper in the jurisdiction in which she
reasonably believes the predominant effect of her conduct will occur.
Choice of Law Agreements (Rule 8.5, comment 5) - CORRECT ANSWER - Regarding
conflicts of interest only, a lawyer and client may enter into an advance written agreement
specifying the predominant effect jurisdiction.
Effect of Sanctions in Other Jurisdictions - CORRECT ANSWER - A suspension or
disbarment in one jurisdiction does not automatically affect a lawyer's ability to practice in
another jurisdiction.
Unauthorized Practice By Lawyer (Rule 5.5(a)) - CORRECT ANSWER - A lawyer who is
admitted to practice law in one jurisdiction is not, without more, authorized to practice in any
other jurisdiction.
Permissible Types of Temporary Multi-Jurisdictional Practice (Rule 5.5(c)) - CORRECT
ANSWER - (1) association with a local lawyer who is actively participating in the matter
(2) special permission to practice in local tribunal ("pro hac vice")
, (3) mediation or arbitration arising out of practice in home state
(4) other temporary practice arising out of practice in home state
Permissible Types of Permanent Multi-Jurisdictional Practice (Rule 5.5(d)) - CORRECT
ANSWER - (1) lawyers employed by their only client (must seek permission if they want to
litigate)
(2) legal services authorized by federal or local law
Consequences of Multi-Jurisdictional Practice - CORRECT ANSWER - A lawyer who is
admitted to practice in only one jurisdiction but practices in another is subject to the disciplinary
rules of both jurisdictions.
Important considerations in determining whether the practice of law is involved include: -
CORRECT ANSWER - (1) whether the activity involves legal knowledge and skill beyond
that which the average layperson possesses
(2) whether the activity constitutes advice or services concerning binding legal rights or remedies
(3) whether the activity is one traditionally performed by lawyers
Delegating Work to Nonlawyers (Rule 5.5, comment 2) - CORRECT ANSWER - A lawyer
may delegate tasks to a paralegal, law clerk, student intern, or other such person, including tasks
related to client intake. But the lawyer must supervise the delegated work carefully and be
ultimately responsible for the results. In other words, the practice of delegating tasks to
nonlawyer assistants must be carefully and astutely managed.
Partners' Duty to Educate and Guide in Ethics Matters (Rule 5.1(a)) - CORRECT ANSWER -
The partners or managing lawyers of a firm (or similar in other groups) must make reasonable
efforts to assure that the other lawyers adhere to the Rules.
Duties of Direct Supervisor (Rule 5.1(b)) - CORRECT ANSWER - A lawyer who directly
supervises the work of another lawyer must make reasonable efforts to assure that the other
lawyer adheres to the Rules.
Exam Questions and CORRECT Answers
Who has the ultimate power to regulate the legal profession? - CORRECT ANSWER - the
highest court in the state
Requirements for Admission to the Practice of Law - CORRECT ANSWER - -successfully
completed college and law school
-passed a bar exam
-submitted a bar application including proof of good moral character
Rule 8.1: Bar Admission and Disciplinary Matters - CORRECT ANSWER - (a) an applicant
for admission to the bar, or a lawyer in connection with a bar admission application, must not
knowingly make a false statement of material fact
(b) an applicant (or lawyer in connection with) must not (1) fail to disclose a fact necessary to
correct a misapprehension known by the person to have arisen in the matter, or (2) knowingly
fail to respond to a lawful demand for information from an admissions authority
Burden of Proof and Duties of Applicant - CORRECT ANSWER - the burden of coming
forward and establishing good moral character is on the applicant
What conduct is relevant to moral character? - CORRECT ANSWER - All aspects of an
applicant's past conduct that reflect on his honesty and integrity.
This includes crimes and non-crimes, as well as crimes that he was acquitted of.
To cause disqualification of an applicant, the crime in question must involve... - CORRECT
ANSWER - moral turpitude (including crimes involving intentional dishonesty for the
purpose of personal gain and crimes of violence)
,Concealment of Past Conduct - CORRECT ANSWER - False statements or concealment of
facts in response to an inquiry by the admissions committee is itself evidence of sufficient lack of
moral character to deny admission—even if the underlying conduct does not involve moral
turpitude.
What are not valid requirements for admission? - CORRECT ANSWER - citizenship and
residency
What constitutes professional misconduct? (Rule 8.4) - CORRECT ANSWER - (a)
misconduct for a lawyer to (1) violate or attempt to violate any of the rules, (2) knowingly assist
or induce another person to violate the rules, or (3) use the acts of another person to commit a
violation
(b) committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as
a lawyer
(c) any conduct involving dishonesty, fraud, deceit, or misrepresentation
(d) engaging in conduct that is prejudicial to the administration of justice
(e) stating or implying that he has the ability to improperly influence a government agency or
official
(f) knowingly assisting a judge or judicial officer in conduct that violates the CJC
(g) engage in harassment or discrimination in conduct related to the practice of law
8.4(g) does not limit a lawyer's ability to: - CORRECT ANSWER - (1) accept, decline, or
withdraw from a representation in accordance with 1.16, or limit her practice to members of
underserved populations in accordance with the Rules
(2) provide legitimate advocacy that is otherwise consistent with the Rules
(3) promote diversity or inclusion
Duty to Report Professional Misconduct (Rule 8.3) - CORRECT ANSWER - A lawyer who
knows that another lawyer has violated the Rules in such a way that it raises a substantial
question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer must report the
violation to the appropriate professional authority.
,What does "knowledge" mean? (Rule 1.0 Terminology) - CORRECT ANSWER - Actual
knowledge, but it may be inferred from the circumstances. It has been held to mean more than
mere suspicion. Thus, while a lawyer may report suspected misconduct, she must report known
misconduct.
Rule 8.3 Exceptions - CORRECT ANSWER - does not require disclosure of information
covered by the rules of confidentiality or obtained in a Lawyers Assistance Program
Choice of Law in Disciplinary Proceedings (Rule 8.5) - CORRECT ANSWER - If the
conduct in question occurred in connection with a proceeding that is pending before a tribunal,
the ethics rules of the jurisdiction in which the tribunal sits will be applied, unless the tribunal's
rules provide otherwise. For any other conduct, the rules of the jurisdiction in which the conduct
occurred will apply, but if the predominant effect of the conduct is in some other jurisdiction,
that jurisdiction's rules will apply.
A lawyer will not be subject to discipline if her conduct is proper in the jurisdiction in which she
reasonably believes the predominant effect of her conduct will occur.
Choice of Law Agreements (Rule 8.5, comment 5) - CORRECT ANSWER - Regarding
conflicts of interest only, a lawyer and client may enter into an advance written agreement
specifying the predominant effect jurisdiction.
Effect of Sanctions in Other Jurisdictions - CORRECT ANSWER - A suspension or
disbarment in one jurisdiction does not automatically affect a lawyer's ability to practice in
another jurisdiction.
Unauthorized Practice By Lawyer (Rule 5.5(a)) - CORRECT ANSWER - A lawyer who is
admitted to practice law in one jurisdiction is not, without more, authorized to practice in any
other jurisdiction.
Permissible Types of Temporary Multi-Jurisdictional Practice (Rule 5.5(c)) - CORRECT
ANSWER - (1) association with a local lawyer who is actively participating in the matter
(2) special permission to practice in local tribunal ("pro hac vice")
, (3) mediation or arbitration arising out of practice in home state
(4) other temporary practice arising out of practice in home state
Permissible Types of Permanent Multi-Jurisdictional Practice (Rule 5.5(d)) - CORRECT
ANSWER - (1) lawyers employed by their only client (must seek permission if they want to
litigate)
(2) legal services authorized by federal or local law
Consequences of Multi-Jurisdictional Practice - CORRECT ANSWER - A lawyer who is
admitted to practice in only one jurisdiction but practices in another is subject to the disciplinary
rules of both jurisdictions.
Important considerations in determining whether the practice of law is involved include: -
CORRECT ANSWER - (1) whether the activity involves legal knowledge and skill beyond
that which the average layperson possesses
(2) whether the activity constitutes advice or services concerning binding legal rights or remedies
(3) whether the activity is one traditionally performed by lawyers
Delegating Work to Nonlawyers (Rule 5.5, comment 2) - CORRECT ANSWER - A lawyer
may delegate tasks to a paralegal, law clerk, student intern, or other such person, including tasks
related to client intake. But the lawyer must supervise the delegated work carefully and be
ultimately responsible for the results. In other words, the practice of delegating tasks to
nonlawyer assistants must be carefully and astutely managed.
Partners' Duty to Educate and Guide in Ethics Matters (Rule 5.1(a)) - CORRECT ANSWER -
The partners or managing lawyers of a firm (or similar in other groups) must make reasonable
efforts to assure that the other lawyers adhere to the Rules.
Duties of Direct Supervisor (Rule 5.1(b)) - CORRECT ANSWER - A lawyer who directly
supervises the work of another lawyer must make reasonable efforts to assure that the other
lawyer adheres to the Rules.
