BarBri – MPRE Exam Practice Questions
and Complete Study Review (2025
Edition)
"MATTER" - specific facts with specific parties (certain matters a converted "private attorney" can NOT
take) -Answer:The lawyer did the work as a judge or government employee, these are "matters" by
definition and, therefore, he can NOT litigate the matters after he converts to private attorney.
1. Drafting a contract between parties
2. Finding a Defendant guilty
3. "Acting on Habeas" or staying execution
However...someone else in the firm can take the case so long as the former government employee/judge is
SCREENED
"MATTER" - specific facts with specific parties (certain matters a converted "private attorney" CAN
take) -Answer:Even though the lawyer did the work as a government employee, these are not "matters"
by definition and, therefore, he can litigate the matters after he converts to private attorney:
1. Drafted legislation
2. Compiled statistics for the government
3. Arranged logistics for committees
"Reasonable" Fee Factors -Answer:Common Sense
1. Time and Labor
2. Difficulty
3. Experience
4. Relationships
5. Fixed or Contingent
"SCREEN" -Answer:1. Written disclosure to the government (consent of the government is not required)
2. The "screened" attorney can get no fee; cannot financially benefit or share in the fees
3. The "screened" attorney cannot work on the case, discuss the case, or access the file (total lack of
involvement)
, A lawyer is not permitted to acquire interest in Litigation -Answer:You can not "buy in" to interest in a
case via legal services, with some exceptions:
1. Contingent Fee Agreements
2. Attorney Lien
A lawyer may not have business transactions with a client -Answer:Exceptions:
1. Ordinary transactions
2. Fair Deal, but only with certain conditions...
a. Full disclosure to the client in writing
b. Client is advised in writing to obtain advice from a separate counsel; AND
c. Client gives informed consent in writing
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)
Attorney can be paid by a 3rd Party, but there are conditions -Answer:1. Written informed consent by
client
2. Confidences must be kept between attorney and client (paying the bill does not give you a right to
know everything)
3. attorneys take direction from the client. not from the 3rd party paying the fee
Attorney Client Privilege -Answer:Exclusionary rules of evidence are very narrow; the duty is broader
than the rules of evidence
Client-Lawyer Contracts -Answer:You may limit representation by contract, but a fiduciary relationship
is formed and the duty can not be violated. For example, if you agree to represent a client through trial but
not on appeal, and you know the client wants to appeal, you must help them even if your contract said you
would not
Clients: Sale and Purchase of a Practice -Answer:Lawyer must:
1. Cease to engage in private practice in the geographic area in which the rpactice has been conducted;
AND
2. The entire practice or area of practice is sold to another lawyer or firm; AND
3. Written notice is given to seller's clients
Communication with Clients -Answer:You must communicate promptly anf keep the client informed at
all times
Conflict of Interest: General Rule -Answer:Lawyer cannot represent clients with adverse interests unless
we have written informed consent from all clients
Contingent Fee: Client Terminates Relationship -Answer:Attorney has a claim, based on quantum meruit,
for fair value of legal servies but limited by the contingency amount; Where a contingent lawyer is fired
before a case is resolved, the lawyer is entitled to whichever is less, the contingent fee or a reasonable
hourly fee for the time spent on the case
Contingent Fee: Criminal -Answer:This is a MUST rule: you MUST NOT charge contingent fees in
criminal cases; incentive fees in criminal cases go against public policy
and Complete Study Review (2025
Edition)
"MATTER" - specific facts with specific parties (certain matters a converted "private attorney" can NOT
take) -Answer:The lawyer did the work as a judge or government employee, these are "matters" by
definition and, therefore, he can NOT litigate the matters after he converts to private attorney.
1. Drafting a contract between parties
2. Finding a Defendant guilty
3. "Acting on Habeas" or staying execution
However...someone else in the firm can take the case so long as the former government employee/judge is
SCREENED
"MATTER" - specific facts with specific parties (certain matters a converted "private attorney" CAN
take) -Answer:Even though the lawyer did the work as a government employee, these are not "matters"
by definition and, therefore, he can litigate the matters after he converts to private attorney:
1. Drafted legislation
2. Compiled statistics for the government
3. Arranged logistics for committees
"Reasonable" Fee Factors -Answer:Common Sense
1. Time and Labor
2. Difficulty
3. Experience
4. Relationships
5. Fixed or Contingent
"SCREEN" -Answer:1. Written disclosure to the government (consent of the government is not required)
2. The "screened" attorney can get no fee; cannot financially benefit or share in the fees
3. The "screened" attorney cannot work on the case, discuss the case, or access the file (total lack of
involvement)
, A lawyer is not permitted to acquire interest in Litigation -Answer:You can not "buy in" to interest in a
case via legal services, with some exceptions:
1. Contingent Fee Agreements
2. Attorney Lien
A lawyer may not have business transactions with a client -Answer:Exceptions:
1. Ordinary transactions
2. Fair Deal, but only with certain conditions...
a. Full disclosure to the client in writing
b. Client is advised in writing to obtain advice from a separate counsel; AND
c. Client gives informed consent in writing
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)
Attorney can be paid by a 3rd Party, but there are conditions -Answer:1. Written informed consent by
client
2. Confidences must be kept between attorney and client (paying the bill does not give you a right to
know everything)
3. attorneys take direction from the client. not from the 3rd party paying the fee
Attorney Client Privilege -Answer:Exclusionary rules of evidence are very narrow; the duty is broader
than the rules of evidence
Client-Lawyer Contracts -Answer:You may limit representation by contract, but a fiduciary relationship
is formed and the duty can not be violated. For example, if you agree to represent a client through trial but
not on appeal, and you know the client wants to appeal, you must help them even if your contract said you
would not
Clients: Sale and Purchase of a Practice -Answer:Lawyer must:
1. Cease to engage in private practice in the geographic area in which the rpactice has been conducted;
AND
2. The entire practice or area of practice is sold to another lawyer or firm; AND
3. Written notice is given to seller's clients
Communication with Clients -Answer:You must communicate promptly anf keep the client informed at
all times
Conflict of Interest: General Rule -Answer:Lawyer cannot represent clients with adverse interests unless
we have written informed consent from all clients
Contingent Fee: Client Terminates Relationship -Answer:Attorney has a claim, based on quantum meruit,
for fair value of legal servies but limited by the contingency amount; Where a contingent lawyer is fired
before a case is resolved, the lawyer is entitled to whichever is less, the contingent fee or a reasonable
hourly fee for the time spent on the case
Contingent Fee: Criminal -Answer:This is a MUST rule: you MUST NOT charge contingent fees in
criminal cases; incentive fees in criminal cases go against public policy
