MPRE – Multistate Professional
Responsibility |Exam Practice Questions|
And Study Guide| (2025 Edition)
Acquiring an interest in the litigation -Answer:Generally: Lawyers can't acquire an interest in the
case.
Exceptions:
1) Contingency Fees
2) Security Interests
Administrative appointments (ex. Court personnel, special masters, guardians) must be made
impartially and based on merit, not on the basis of nepotism or favoritism. -Answer:...
Advertising -Answer:Cannot be false or misleading - applies to ads, personal communication,
office signs, cards, letters, emails, etc.
Any communication concerning a lawyer's services shall include the name and address of at least
one lawyer or law firm responsible for its content
1) Cannot create unjustified expectations
2) Cannot have unsubstantiated comparisons unless factually verifiable.
3) Cannot imply results by improper means
Aggregation of settlement claims of multiple clients -Answer:When representing two or more
clients, lawyer shall not make an aggregate settlement of claims with informed consent in writing
from each client after full review of entire settlement as to all parties, which includes:
,1) That the clients have come to an agreement among themselves about how the aggregate sum
will be shared;
2) Disclosure to each client of all the terms, including:L
-The total amount to be paid or received
-The details about other client's participation in the deal - who's getting what
-Lawyer's fee, how they'll be paid
-The existence and nature of all claims, defenses, and pleas involved in the settlement
3) These extensive disclosures may require the lawyer to share one client's confidential
information with the others, so at the outset of the case, the lawyer should get each client's
informed consent
Applications of the judicial code -Answer:1) 2007 Code of Judicial Conduct applies to judges
and those who perform judicial functions, including magistrates, court commissioners, referees
and special masters.
2) Several portions of the CJC do not apply to retired or part-time judges
-Retired judges subject to recall can serve as arbitrators or mediators (but not while serving as a
judge)
-Part-time, periodic part time and pro tempore part-time judges are exempt from many, BUT
NOT ALL, CJC provisions restricting outside activities and political activities.
Appointments -Answer:Lawyer MUST take those cases, Except:
1) unreasonable financial burden
Attorney-client privilege, what does the presence of a third person entail? -Answer:The presence
of a third party does not destroy confidentiality if the third person was present to help further the
attorney-client relationship.
Buying/Selling Law Practice -Answer:Can only sell the ENTIRE field of practice
Seller must exercise competence in identifying a competent purchaser.
Written Notice must be given to seller's clients regarding:
1) The sale
2) Clients' right to get their files returned
3) Clients' right to get new counsel
4) consent will be presumed if the client take no action within 90 days of the receipt of the
notice. If notice cannot be given for some reason, then a court order is required to authorize the
transfer of the representation.
Sell must cease to engage in private practice of law (or at least in the sold field).
Candor to tribunal -Answer:A lawyer must reveal adverse decision or statute of controlling
jurisdiction
1) Can't bury adverse decision
, 2) No explanation is required to be given to court
3) Can distinguish away
4) Can offer a good faith argument to change the law
Civil liability to a client and malpractice vs. disciplinary process -Answer:1) Recovery comes
from cause of action based in contract, tort or fiduciary relationship
2) Requires money loss & causation
-Causation "But for" meaning, but for the attorney's negligence, I would have won
3) Purpose of civil malpractice is COMPENSATION (Distinguished from Disciplinary process
which is to PUNISH) - Also, the disciplinary process doesn't require money loss or causation.
Client - lawyer contracts -Answer:Lawyer can limit representation
Basic rules of Contract construction apply
Communications with represented persons -Answer:1) must go through the person's lawyer
2) Parties may communicate directly with each other and lawyers may inform them of this fact
Communications with unrepresented persons -Answer:1) can't give legal advice
2) Cannot appear disinterested when you are in fact an advocate/adversary
3) CAN negotiate a transaction or settle client's dispute with unrepresented person
Conflict of interest issues for "quick advice" programs. -Answer:Quick-advice programs are
programs sponsored by a court or "nonprofit" organization: lawyer-client relationship exists but
only through the quick-advice stage and informed consent to the limited scope of relationship
required
-Conflict of interest rule: Relaxed, b/c lawyers don't have time to check, but where a conflict is
actually known to the lawyer, it cannot be ignored
-Actual knowledge can be inferred from the circumstances
-Where client hires lawyer after the quick advice (for regular and continued representation), the
conflict rules WILL apply
Conflicting Interests - Current Clients and Former Clients -Answer:Generally: Lawyer cannot
have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in former
representation
Conflicts of interest -Answer:In general, lawyer cannot represent adverse interests of client or
prospective client. In some instances, conflict can be cured if Both of the following occur:
1) Lawyer fully explains risks and alternatives (informed consent)
2) Client agrees in writing (can be electronic)
Contingent Fees -Answer:Must be reasonable, Signed by client,
Responsibility |Exam Practice Questions|
And Study Guide| (2025 Edition)
Acquiring an interest in the litigation -Answer:Generally: Lawyers can't acquire an interest in the
case.
Exceptions:
1) Contingency Fees
2) Security Interests
Administrative appointments (ex. Court personnel, special masters, guardians) must be made
impartially and based on merit, not on the basis of nepotism or favoritism. -Answer:...
Advertising -Answer:Cannot be false or misleading - applies to ads, personal communication,
office signs, cards, letters, emails, etc.
Any communication concerning a lawyer's services shall include the name and address of at least
one lawyer or law firm responsible for its content
1) Cannot create unjustified expectations
2) Cannot have unsubstantiated comparisons unless factually verifiable.
3) Cannot imply results by improper means
Aggregation of settlement claims of multiple clients -Answer:When representing two or more
clients, lawyer shall not make an aggregate settlement of claims with informed consent in writing
from each client after full review of entire settlement as to all parties, which includes:
,1) That the clients have come to an agreement among themselves about how the aggregate sum
will be shared;
2) Disclosure to each client of all the terms, including:L
-The total amount to be paid or received
-The details about other client's participation in the deal - who's getting what
-Lawyer's fee, how they'll be paid
-The existence and nature of all claims, defenses, and pleas involved in the settlement
3) These extensive disclosures may require the lawyer to share one client's confidential
information with the others, so at the outset of the case, the lawyer should get each client's
informed consent
Applications of the judicial code -Answer:1) 2007 Code of Judicial Conduct applies to judges
and those who perform judicial functions, including magistrates, court commissioners, referees
and special masters.
2) Several portions of the CJC do not apply to retired or part-time judges
-Retired judges subject to recall can serve as arbitrators or mediators (but not while serving as a
judge)
-Part-time, periodic part time and pro tempore part-time judges are exempt from many, BUT
NOT ALL, CJC provisions restricting outside activities and political activities.
Appointments -Answer:Lawyer MUST take those cases, Except:
1) unreasonable financial burden
Attorney-client privilege, what does the presence of a third person entail? -Answer:The presence
of a third party does not destroy confidentiality if the third person was present to help further the
attorney-client relationship.
Buying/Selling Law Practice -Answer:Can only sell the ENTIRE field of practice
Seller must exercise competence in identifying a competent purchaser.
Written Notice must be given to seller's clients regarding:
1) The sale
2) Clients' right to get their files returned
3) Clients' right to get new counsel
4) consent will be presumed if the client take no action within 90 days of the receipt of the
notice. If notice cannot be given for some reason, then a court order is required to authorize the
transfer of the representation.
Sell must cease to engage in private practice of law (or at least in the sold field).
Candor to tribunal -Answer:A lawyer must reveal adverse decision or statute of controlling
jurisdiction
1) Can't bury adverse decision
, 2) No explanation is required to be given to court
3) Can distinguish away
4) Can offer a good faith argument to change the law
Civil liability to a client and malpractice vs. disciplinary process -Answer:1) Recovery comes
from cause of action based in contract, tort or fiduciary relationship
2) Requires money loss & causation
-Causation "But for" meaning, but for the attorney's negligence, I would have won
3) Purpose of civil malpractice is COMPENSATION (Distinguished from Disciplinary process
which is to PUNISH) - Also, the disciplinary process doesn't require money loss or causation.
Client - lawyer contracts -Answer:Lawyer can limit representation
Basic rules of Contract construction apply
Communications with represented persons -Answer:1) must go through the person's lawyer
2) Parties may communicate directly with each other and lawyers may inform them of this fact
Communications with unrepresented persons -Answer:1) can't give legal advice
2) Cannot appear disinterested when you are in fact an advocate/adversary
3) CAN negotiate a transaction or settle client's dispute with unrepresented person
Conflict of interest issues for "quick advice" programs. -Answer:Quick-advice programs are
programs sponsored by a court or "nonprofit" organization: lawyer-client relationship exists but
only through the quick-advice stage and informed consent to the limited scope of relationship
required
-Conflict of interest rule: Relaxed, b/c lawyers don't have time to check, but where a conflict is
actually known to the lawyer, it cannot be ignored
-Actual knowledge can be inferred from the circumstances
-Where client hires lawyer after the quick advice (for regular and continued representation), the
conflict rules WILL apply
Conflicting Interests - Current Clients and Former Clients -Answer:Generally: Lawyer cannot
have conflicting interests with current clients and former clients
1) Cannot represent client in one matter and oppose him in another
2) Cannot represent client whose interests are directly adverse to another client
3) Cannot represent client against former client when you acquired confidences in former
representation
Conflicts of interest -Answer:In general, lawyer cannot represent adverse interests of client or
prospective client. In some instances, conflict can be cured if Both of the following occur:
1) Lawyer fully explains risks and alternatives (informed consent)
2) Client agrees in writing (can be electronic)
Contingent Fees -Answer:Must be reasonable, Signed by client,
