Exam (elaborations)
MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICEQUESTIONS
AND ANSWERS
An attorney represented the wife in an acrimonious divorce proceeding involving issues
of property division and child custody. After one day of trial, the husband, through his
lawyer, made a settlement offer. The proposed settlement required that the wife's
attorney agree not to represent the wife in any subsequent proceeding, brought by
either party, to modify or enforce the provisions of the decree. The wife wanted to
accept the offer, and her attorney reasonably believed that it was in the wife's best
interest to do so because the settlement offer was better than any potential award to the
wife resulting from the case going to judgment. Consequently, the attorney
recommended to the wife that she accept the offer.
Was it proper for the wife's attorney to recommend that the wife accept the settlement
offer?
(A) No, because the attorney did not obtain the wife's informed consent to the conflict of
interest created b - Answers- (B) No, because the proposed settlement restricted the
attorney's right to represent the wife in the future.
An experienced oil and gas developer asked an attorney to represent him in a suit to
establish the developer's ownership of certain oil and gas royalties. The developer did
not have available the necessary funds to pay the attorney's reasonable hourly rate for
undertaking the case and proposed instead that, if he prevailed in the lawsuit, he would
pay the attorney 20% of the first year's royalties recovered in the suit. Twenty percent of
the first year's royalties would likely exceed the amount that the attorney would have
received from charging his regular hourly rate. The attorney accepted the proposal.
Is the attorney subject to discipline?
(A) Yes, because the agreement gave the attorney a proprietary interest in the
developer's cause of action.
, (B) Yes, because the fee was likely to exceed the amount that the attorney would have
received from charging his regular hourly rate.
(C) No, because the developer rathe - Answers- (D) No, because the attorney may
contract with the developer for a reasonable contingent fee.
An attorney represents a company that produces chemical products. Some of the waste
products of the company's manufacturing processes are highly toxic and are reasonably
certain to cause substantial bodily harm if disposed of improperly. The president of the
company recently informed the attorney that a new employee mistakenly disposed of
the waste products in the ground behind the company plant, an area that is part of the
source of the city's water supply. The attorney advised the president that, although the
conduct was not criminal, the company could be civilly liable for negligence in lawsuits
brought by any persons harmed by the waste products. The attorney advised the
president to immediately report the problem to city authorities. Fearful of adverse
publicity, the president declined to do so. The attorney further advised the president that
she believed the president's decision was immoral. The president conti - Answers- (C)
No, because the attorney reasonably believed that the company's disposal of the waste
products was reasonably certain to cause substantial bodily harm.
An attorney worked in the legal department of a public utility company and represented
that company in litigation. The company was sued by a consumer group which alleged
that the company was guilty of various acts in violation of its charter. Through its general
counsel, the company instructed the attorney not to negotiate a settlement but to go to
trial under any circumstances since a precedent needed to be established. Although the
company's defense could be supported by a good faith argument, the attorney believed
that the case should be settled if possible.
Must the attorney withdraw as counsel in this case?
(A) No, because as an employee, the attorney is bound by the instructions of the
general counsel.
(B) No, because the company's defense can be supported by a good faith argument.
(C) Yes, because a lawyer should endeavor to avoid litigation.
(D) Yes, because the company is controlling the attorney's judgment - Answers- (B) No,
because the company's defense can be supported by a good faith argument.
An attorney represented a client who was the plaintiff in a personal injury action. The
personal injury action was settled, and the attorney received a check in the amount of
$10,000 payable to the attorney. The attorney deposited the check in her clients' trust
account.
One day later, the attorney received a letter from a bank, which had heard of the
settlement of the personal injury lawsuit. The bank informed the attorney that the client
had failed to make his monthly mortgage payments for the last three months and
demanded that the attorney immediately release $900 of the proceeds of the settlement
to the bank or the bank would institute mortgage foreclosure proceedings against the
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