MPRE Practice Exam I review 2025
Questions and 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. - --Answer --c. Yes, because the
attorney's statement did not constitute a statement of fact.
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,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?
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,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 - --
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
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, 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 - --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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
Questions and 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. - --Answer --c. Yes, because the
attorney's statement did not constitute a statement of fact.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,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?
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,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 - --
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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, 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 - --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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
