MPRE EXAM - OBJECTIVE QUESTIONS & ANSWERS
Which of the following is a disciplinary sanction that a lawyer may face for conduct that
violates the rules of professional conduct?
(A) Civil liability
(B) Criminal liability
(C) Disbarment
(D) Disqualification as a counsel in a civil or criminal matter - Answer -(C) Disbarment
Which of the following is NOT a source of professional responsibility law tested on the
MPRE?
(A) Constitutional law issues
(B) Evidentiary rules
(C) ABA Model Code of Judicial Conduct
(D) Model Penal Code - Answer -(D) Model Penal Code
Which of the following statements regarding the ABA Model Rules of Professional
Conduct is FALSE?
(A) The Rules within the Model Rules are merely suggestions.
(B) The Comments to the Model Rules are merely suggestions.
(C) Violation of a mandatory rule can lead to discipline.
(D) Aspirational rules tell lawyers what they should do. - Answer -(A) The Rules within
the Model Rules are merely suggestions.
Larry Lawyer is representing a client in a hearing before the EEOC. Do the Model Rules
apply? - Answer -Yes. The Rules apply to certain administrative agencies, too.
Lorraine Law Student was an unruly young adult, earning two disorderly conduct
charges in college. She has since straightened her ways. Will this disqualify her from
admission? - Answer -Probably not, IF she *disclosed* what happened
Before law school, Larry Lawyer worked at a bank, from which he stole money.
Disqualifying? - Answer -Probably. Disqualifying crimes involve truth telling
Lorraine Lawyer has a lead foot, racking up speeding tickets galore. Will this lead to
discipline? - Answer -Probably not, as it doesn't speak to her honesty or fitness to
practice.
Larry Lawyer was caught lying on a mortgage application. Could this lead to discipline?
- Answer -Probably, as it calls his honesty into question.
,Lorraine Lawyer's new firm has been up and running for a year. The firm does not,
however, have a conflict check system in place. Is the firm in compliance with the
Rules? - Answer -Yes. It is a violation for a firm not to have conflict-check procedures in
place, even if there is no conflict.
- Note: The same is true if Lorraine's firm does not have a system in place to preserve
confidentiality of client records.
Which of the following is a sufficient character and fitness ground for denying an
applicant a license to practice law?
(A) Conviction of a minor crime, such as disorderly conduct
(B) Failure to disclose a minor crime
(C) Carrying substantial debt
(D) Not being a resident of the state in which admission is sought - Answer -(B) Failure
to disclose a minor crime
Which of the following does NOT constitute misconduct for which a lawyer can be
subject to discipline?
(A) Violation of a rule of professional conduct
(B) A conviction for bribing a juror
(C) Fraud committed in a personal transaction
(D) Conviction for minor traffic offense - Answer -(D) Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by
others is FALSE?
(A) A partner in a firm must ensure that the firm has in place measures to prevent
violation of the rules of professional conduct.
(B) A supervisory lawyer who learns of a violation of the rules of professional conduct by
a subordinate lawyer after it has occurred has an obligation to take remedial action.
(C) A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an
ethical issue without violation of rules of professional conduct.
(D) A supervisory lawyer is not responsible for the conduct of non-professional
employees. - Answer -(D) A supervisory lawyer is not responsible for the conduct of
non-professional employees.
A lawyer may generally share fees with which of the following?
(A) The estate of a deceased lawyer as a death benefit
(B) A non-lawyer who brings cases to the lawyer
(C) A private detective hired for a divorce case
(D) A paralegal who works in the lawyer's law firm - Answer -(A) The estate of a
deceased lawyer as a death benefit
,An individual who caused an automobile accident while driving drunk goes to Lorraine
Lawyer. The client is charged with the drunk driving, but also vehicular homicide.
Lorraine Lawyer wants to limit representation. "I don't do homicide," she says. Is this
permissible? - Answer -No b/c the two are interchangeable
Client will not accept less than $1,000,000. If an offer is less than $1,000,000, does
Lorraine Lawyer need not convey lower offer to client? - Answer -No b/c prior
agreement
Lorraine Lawyer's new client wants to bring a claim against another of Lorraine's clients.
Can Lorraine represent the new client? - Answer -No . . . UNLESS requirements under
Rule 1.7 regarding conflicts among current clients are satisfied
Larry Lawyer is struggling with a drug dependence, which is interfering with his
responsibilities. Can he continue to represent his client? - Answer -No
Lorraine Lawyer drafted a standard form lease for her client, a landlord. The landlord is
using the lease to rent apartments he doesn't actually own. Can Lorraine withdraw? -
Answer -Yes
Larry Lawyer learns that his client is a Neo-Nazi. Can he withdraw? - Answer -Yes
Larry Lawyer wins suit for Client, placing the proceeds of the judgment in the client's
trust account. The client's medical insurer asserts a claim on those funds. What should
Larry do with those funds? - Answer -Hold them until 3P dispute is resolved
Which of the following statements regarding the lawyer-client relationship is TRUE?
(A) A lawyer is generally not under a duty to accept representation of a client.
(B) A lawyer does not have a duty to reject a client.
(C) Court appointments may never be declined.
(D) Court appointments may only be declined if representation would violate a rule of
professional responsibility. - Answer -(A) A lawyer is generally not under a duty to
accept representation of a client.
Which of the following is the key to the existence of a lawyer-client relationship?
(A) Payment of a fee by the client
(B) Entering into an agreement between the lawyer and the client
(C) Explicit acceptance of the client by the lawyer
(D) A reasonable belief by the client that a lawyer-client relationship exists - Answer -
(D) A reasonable belief by the client that a lawyer-client relationship exists
Which of the following statements regarding the regulation of lawyers after admission to
the state bar is FALSE?
, (A) Before a lawyer may be disciplined for fraud under the rules of professional conduct,
a victim must come forward to establish the elements of reliance and damages.
(B) Procedural fraud includes lying to a tribunal.
(C) A large number of speeding tickets probably does not reflect poorly on a lawyer's
fitness to practice law.
(D) Fraud or deceit that is noncriminal may lead to discipline under the rules of
professional conduct. - Answer -(A) Before a lawyer may be disciplined for fraud under
the rules of professional conduct, a victim must come forward to establish the elements
of reliance and damages.
Larry Lawyer is licensed in Arizona. He commits perjury in a matter in Maine. The
perjury can lead to discipline in . . . - Answer -Arizona
Lorraine Lawyer brings a successful suit against Larry Lawyer for stealing funds from
his client. Lorraine doesn't notify the authorities about Larry's conduct. Is Lorraine
subject to discipline? - Answer -Yes - Lorraine has to snitch
Larry Lawyer hires Peggy Paralegal. Peggy meets with clients, fills out papers, sends
the bill, and collects fees. Client never meets Larry. Is this a violation? Even if Peggy
represents client soundly? - Answer -Yes and Yes! It would still be a violation
Lorraine hires a private detective to work on a current divorce case. Rather than pay
him directly, she offers the detective a percentage of the fees? Is this permitted under
the Rules? - Answer -No b/c not legal work
A lawyer must generally report misconduct by another lawyer whenever the conduct is a
______________ and the reporting lawyer has __________________.
(A) minor violation, actual knowledge of the misconduct
(B) substantial violation, actual knowledge of the misconduct
(C) minor violation, a reasonable belief that the misconduct occurred
(D) substantial violation, a reasonable belief that the misconduct occurred - Answer -(B)
substantial violation, actual knowledge of the misconduct
Which of the following statements regarding the unauthorized practice of law is TRUE?
(A) A lawyer may be disciplined in a state for conduct that occurred outside of that state.
(B) A lawyer may not practice law, even on a temporary basis, in a state in which the
lawyer is not licensed.
(C) A lawyer can practice law in a state in which the lawyer is not licensed if the lawyer
associates with local counsel as a silent partner.
(D) A lawyer cannot engage in ghostwriting for pro se litigants. - Answer -(A) A lawyer
may be disciplined in a state for conduct that occurred outside of that state.
Which of the following statements regarding a lawyer's representation of a client is
TRUE?
Which of the following is a disciplinary sanction that a lawyer may face for conduct that
violates the rules of professional conduct?
(A) Civil liability
(B) Criminal liability
(C) Disbarment
(D) Disqualification as a counsel in a civil or criminal matter - Answer -(C) Disbarment
Which of the following is NOT a source of professional responsibility law tested on the
MPRE?
(A) Constitutional law issues
(B) Evidentiary rules
(C) ABA Model Code of Judicial Conduct
(D) Model Penal Code - Answer -(D) Model Penal Code
Which of the following statements regarding the ABA Model Rules of Professional
Conduct is FALSE?
(A) The Rules within the Model Rules are merely suggestions.
(B) The Comments to the Model Rules are merely suggestions.
(C) Violation of a mandatory rule can lead to discipline.
(D) Aspirational rules tell lawyers what they should do. - Answer -(A) The Rules within
the Model Rules are merely suggestions.
Larry Lawyer is representing a client in a hearing before the EEOC. Do the Model Rules
apply? - Answer -Yes. The Rules apply to certain administrative agencies, too.
Lorraine Law Student was an unruly young adult, earning two disorderly conduct
charges in college. She has since straightened her ways. Will this disqualify her from
admission? - Answer -Probably not, IF she *disclosed* what happened
Before law school, Larry Lawyer worked at a bank, from which he stole money.
Disqualifying? - Answer -Probably. Disqualifying crimes involve truth telling
Lorraine Lawyer has a lead foot, racking up speeding tickets galore. Will this lead to
discipline? - Answer -Probably not, as it doesn't speak to her honesty or fitness to
practice.
Larry Lawyer was caught lying on a mortgage application. Could this lead to discipline?
- Answer -Probably, as it calls his honesty into question.
,Lorraine Lawyer's new firm has been up and running for a year. The firm does not,
however, have a conflict check system in place. Is the firm in compliance with the
Rules? - Answer -Yes. It is a violation for a firm not to have conflict-check procedures in
place, even if there is no conflict.
- Note: The same is true if Lorraine's firm does not have a system in place to preserve
confidentiality of client records.
Which of the following is a sufficient character and fitness ground for denying an
applicant a license to practice law?
(A) Conviction of a minor crime, such as disorderly conduct
(B) Failure to disclose a minor crime
(C) Carrying substantial debt
(D) Not being a resident of the state in which admission is sought - Answer -(B) Failure
to disclose a minor crime
Which of the following does NOT constitute misconduct for which a lawyer can be
subject to discipline?
(A) Violation of a rule of professional conduct
(B) A conviction for bribing a juror
(C) Fraud committed in a personal transaction
(D) Conviction for minor traffic offense - Answer -(D) Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by
others is FALSE?
(A) A partner in a firm must ensure that the firm has in place measures to prevent
violation of the rules of professional conduct.
(B) A supervisory lawyer who learns of a violation of the rules of professional conduct by
a subordinate lawyer after it has occurred has an obligation to take remedial action.
(C) A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an
ethical issue without violation of rules of professional conduct.
(D) A supervisory lawyer is not responsible for the conduct of non-professional
employees. - Answer -(D) A supervisory lawyer is not responsible for the conduct of
non-professional employees.
A lawyer may generally share fees with which of the following?
(A) The estate of a deceased lawyer as a death benefit
(B) A non-lawyer who brings cases to the lawyer
(C) A private detective hired for a divorce case
(D) A paralegal who works in the lawyer's law firm - Answer -(A) The estate of a
deceased lawyer as a death benefit
,An individual who caused an automobile accident while driving drunk goes to Lorraine
Lawyer. The client is charged with the drunk driving, but also vehicular homicide.
Lorraine Lawyer wants to limit representation. "I don't do homicide," she says. Is this
permissible? - Answer -No b/c the two are interchangeable
Client will not accept less than $1,000,000. If an offer is less than $1,000,000, does
Lorraine Lawyer need not convey lower offer to client? - Answer -No b/c prior
agreement
Lorraine Lawyer's new client wants to bring a claim against another of Lorraine's clients.
Can Lorraine represent the new client? - Answer -No . . . UNLESS requirements under
Rule 1.7 regarding conflicts among current clients are satisfied
Larry Lawyer is struggling with a drug dependence, which is interfering with his
responsibilities. Can he continue to represent his client? - Answer -No
Lorraine Lawyer drafted a standard form lease for her client, a landlord. The landlord is
using the lease to rent apartments he doesn't actually own. Can Lorraine withdraw? -
Answer -Yes
Larry Lawyer learns that his client is a Neo-Nazi. Can he withdraw? - Answer -Yes
Larry Lawyer wins suit for Client, placing the proceeds of the judgment in the client's
trust account. The client's medical insurer asserts a claim on those funds. What should
Larry do with those funds? - Answer -Hold them until 3P dispute is resolved
Which of the following statements regarding the lawyer-client relationship is TRUE?
(A) A lawyer is generally not under a duty to accept representation of a client.
(B) A lawyer does not have a duty to reject a client.
(C) Court appointments may never be declined.
(D) Court appointments may only be declined if representation would violate a rule of
professional responsibility. - Answer -(A) A lawyer is generally not under a duty to
accept representation of a client.
Which of the following is the key to the existence of a lawyer-client relationship?
(A) Payment of a fee by the client
(B) Entering into an agreement between the lawyer and the client
(C) Explicit acceptance of the client by the lawyer
(D) A reasonable belief by the client that a lawyer-client relationship exists - Answer -
(D) A reasonable belief by the client that a lawyer-client relationship exists
Which of the following statements regarding the regulation of lawyers after admission to
the state bar is FALSE?
, (A) Before a lawyer may be disciplined for fraud under the rules of professional conduct,
a victim must come forward to establish the elements of reliance and damages.
(B) Procedural fraud includes lying to a tribunal.
(C) A large number of speeding tickets probably does not reflect poorly on a lawyer's
fitness to practice law.
(D) Fraud or deceit that is noncriminal may lead to discipline under the rules of
professional conduct. - Answer -(A) Before a lawyer may be disciplined for fraud under
the rules of professional conduct, a victim must come forward to establish the elements
of reliance and damages.
Larry Lawyer is licensed in Arizona. He commits perjury in a matter in Maine. The
perjury can lead to discipline in . . . - Answer -Arizona
Lorraine Lawyer brings a successful suit against Larry Lawyer for stealing funds from
his client. Lorraine doesn't notify the authorities about Larry's conduct. Is Lorraine
subject to discipline? - Answer -Yes - Lorraine has to snitch
Larry Lawyer hires Peggy Paralegal. Peggy meets with clients, fills out papers, sends
the bill, and collects fees. Client never meets Larry. Is this a violation? Even if Peggy
represents client soundly? - Answer -Yes and Yes! It would still be a violation
Lorraine hires a private detective to work on a current divorce case. Rather than pay
him directly, she offers the detective a percentage of the fees? Is this permitted under
the Rules? - Answer -No b/c not legal work
A lawyer must generally report misconduct by another lawyer whenever the conduct is a
______________ and the reporting lawyer has __________________.
(A) minor violation, actual knowledge of the misconduct
(B) substantial violation, actual knowledge of the misconduct
(C) minor violation, a reasonable belief that the misconduct occurred
(D) substantial violation, a reasonable belief that the misconduct occurred - Answer -(B)
substantial violation, actual knowledge of the misconduct
Which of the following statements regarding the unauthorized practice of law is TRUE?
(A) A lawyer may be disciplined in a state for conduct that occurred outside of that state.
(B) A lawyer may not practice law, even on a temporary basis, in a state in which the
lawyer is not licensed.
(C) A lawyer can practice law in a state in which the lawyer is not licensed if the lawyer
associates with local counsel as a silent partner.
(D) A lawyer cannot engage in ghostwriting for pro se litigants. - Answer -(A) A lawyer
may be disciplined in a state for conduct that occurred outside of that state.
Which of the following statements regarding a lawyer's representation of a client is
TRUE?
