MPRE EXAM QUESTIONS & ANSWERS
Regulation of the Legal Profession: American Bar Association - Answer -No disciplinary
authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - Answer -ABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - Answer -1. Reproval
2. Suspension
3. Disbarment
Reproval - Answer -Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - Answer -Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - Answer -Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - Answer -The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - Answer -Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - Answer -It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise - Answer -"Judicial" ---
Therefore the State Supreme Court is the ultimate authority (within the context of the
Federal System) with the power to regulate attorneys, admit them to the practice, and
discipline them.
,Moral Turpitude - Answer -Bad thing
We do not want
Good Moral Character - Answer -Good Thing
State Law and Professional Responsibility - Answer -State laws supplement the ABA
Model Rules of professional conduct
Moral Terpitude - Answer -Bad thing
We do not want it
Good Moral Character - Answer -Good thing
State Requirments for admission to the Bar - Answer -Supreme Court says they must
be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - Answer -a) graduate from ABA accredited
law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - Answer -1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants - Answer -
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Lawyer Discipline After Admission - Answer -Regulated by the highest court in the
state, and agency thereof
Obligations to Report and Testify about Violations - Answer -1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - Answer -...send a letter to the state
disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - Answer -MAY report it.
Unaithorized Practice of Law: Activity requiring a law license - Answer -This constitutes
the practice of law:
, 1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
Unauthorized Practice of Law: Acitivity which does NOT require a license - Answer -
This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ways to Practice in another jurisdiction - Answer -1. Associate with an in-state lawyer
2. Get admitted Pro Hac Vice ("for this matter only")
3. If you are employed by only one client (as in-house counsel)
4. Mediation or Arbitration arising out of home state practice
5. Anything reasonably related to your home state practice
Fee Division with a Non-Lawyer - Answer -NO splitting fees with non-lawyers; except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more or less a
donation)
Generally, defining a "firm" - Answer -As a general rule, sharing space is NOT a firm
but sharing information usualy is
Formal, defining a "firm" - Answer -Lawyers who frequently consult, work together, and
have access to each other's files
Who is "in charge" of a law firm? - Answer -Only lawyers can be in charge of the law
firm (as shareholders, partners, etc.) - exception would be temporary shareholder in the
event of deat of a partner (until the remaining shareholders buy-out the dead partner's
share)
Rule of Imputation - Answer -What you cannot do, your partner cannot do...what your
partner cannot do, you cannot do.
Solo Practioner: duty to plan - Answer -A solo practiotioner has a special duty to plan
for death or disability by designating another competent lawyer to:
1. Review files;
2. Notify clients; and
3. Take protective action
Supervising Attorneys are responsoble for the acts of subordinates if... - Answer -1.
Supervisor knew and did nothing; OR
2. Supervisor told the person to do it
Regulation of the Legal Profession: American Bar Association - Answer -No disciplinary
authority
Membership is Voluntary
Regulation of the Legal Profession: "Must" Rules - Answer -ABA Model Rules of
Professional Conduct (1983)
Mandatory Rules
Violations are subject to Discipline
Displine for Violation of "Must" Rules - Answer -1. Reproval
2. Suspension
3. Disbarment
Reproval - Answer -Censure or reprimand
Mild Discipline
Public or Private censure/reprimand
Suspension - Answer -Prohibited from practicing law for a finite period
Name remains on the firm stationary and the door
Disbarment - Answer -Permenant punishment
Name removed from firm name, door, and stationary
Types of MPRE "Must" Questions (The "Call" of the Question) - Answer -The lawyer
MUST....
The lawyer MUST NOT...
Is the lawyer subject to DISCIPLINE...
Regulation of the Legal Profession: "Should" Rules - Answer -Advisory, Aspirational,
Ethical Considerations
No repurcussions for failure to follow or adhere
Merely ethical considerations
"Should be involved in..."
Types of MPRE "Should" Questions (The "Call" of the Question) - Answer -It would not
be PROPER...
Which of the following is PROPER...
Which MAY the lawyer do...
Which SHOULD the lawyer do...
Regulation of the Legal Profession is a ________ Excercise - Answer -"Judicial" ---
Therefore the State Supreme Court is the ultimate authority (within the context of the
Federal System) with the power to regulate attorneys, admit them to the practice, and
discipline them.
,Moral Turpitude - Answer -Bad thing
We do not want
Good Moral Character - Answer -Good Thing
State Law and Professional Responsibility - Answer -State laws supplement the ABA
Model Rules of professional conduct
Moral Terpitude - Answer -Bad thing
We do not want it
Good Moral Character - Answer -Good thing
State Requirments for admission to the Bar - Answer -Supreme Court says they must
be RATIONALLY RELATED to the practice of law
Admission to the Bar: Rationally Related - Answer -a) graduate from ABA accredited
law school, and
b) take an oath to upohold the constitution
(US citizenship and resident of the state are NOT rationally related)
Requirements on Person Applying to the Bar - Answer -1. Truth and fair disclosure -
provide in regard to Bar exam application
2. Duty to Cooperate - must cooperate, respond, etc. during the application process
Requirement od Lawyers who are already admitted regarding Bar applicants - Answer -
1. Good applicant - you SHOULD write a letter
2. Bad applicant - you MUST write a letter informing about the unfitness of the applicant
Lawyer Discipline After Admission - Answer -Regulated by the highest court in the
state, and agency thereof
Obligations to Report and Testify about Violations - Answer -1. You MUST rat on your
lawyer friends to the State Disciplinary Board
2. The rules are NOT jurisdiction specific
3. You must be available to testify (no anonymous tips)
4. Your are always a lawyer 24-7-365
If you KNOW a violation has occured you MUST... - Answer -...send a letter to the state
disciplinary Board with your name on it
If you SUSPECT a violation has occured you... - Answer -MAY report it.
Unaithorized Practice of Law: Activity requiring a law license - Answer -This constitutes
the practice of law:
, 1. Court Appearences and Depositions (except clinicals, per se)
2. Drafting Legal Documents
3. Conducting Settlements (except insurance companies)
Unauthorized Practice of Law: Acitivity which does NOT require a license - Answer -
This does NOT constitute the practice of law:
1. File papers with the court
2. Interviewing Witnesses (unless under oath, then it is a deposition)
3. Filling out of forms
Ways to Practice in another jurisdiction - Answer -1. Associate with an in-state lawyer
2. Get admitted Pro Hac Vice ("for this matter only")
3. If you are employed by only one client (as in-house counsel)
4. Mediation or Arbitration arising out of home state practice
5. Anything reasonably related to your home state practice
Fee Division with a Non-Lawyer - Answer -NO splitting fees with non-lawyers; except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more or less a
donation)
Generally, defining a "firm" - Answer -As a general rule, sharing space is NOT a firm
but sharing information usualy is
Formal, defining a "firm" - Answer -Lawyers who frequently consult, work together, and
have access to each other's files
Who is "in charge" of a law firm? - Answer -Only lawyers can be in charge of the law
firm (as shareholders, partners, etc.) - exception would be temporary shareholder in the
event of deat of a partner (until the remaining shareholders buy-out the dead partner's
share)
Rule of Imputation - Answer -What you cannot do, your partner cannot do...what your
partner cannot do, you cannot do.
Solo Practioner: duty to plan - Answer -A solo practiotioner has a special duty to plan
for death or disability by designating another competent lawyer to:
1. Review files;
2. Notify clients; and
3. Take protective action
Supervising Attorneys are responsoble for the acts of subordinates if... - Answer -1.
Supervisor knew and did nothing; OR
2. Supervisor told the person to do it
