MPRE Exam Questions with Verified Answers

American Bar Association - Answer--They write the Model Rules of Professional Conduct. The states adopt any version of them. -Voluntary membership and no disciplinary authority. "Must" Rules v. "Should" rules - Answer--Must: mandatory (disciplinary rules) -Should: advisory (ethical considerations)- no punishment for violation. Types of discipline for violating a mandatory rule - Answer-a) Private Reprimand/Censure (still goes in your file) b) Public Reprimand/Censure (available to be found)(still goes in your file) c) Suspension (for a finite period)(can't practice law) d) Disbarment (license is gone, name comes off the door) Judicial Exercise - Answer--U.S. Supreme Court is ultimate authority. -State's highest court determines rules for State. What characteristic do you want to possess, and what characteristic do you NOT want to possess. - Answer-Want: good moral character Do Not want: moral turpitude Admission to the profession (what is rational and what is not) - Answer--U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law. -Rational requirements: a) graduation from an ABA accredited law school. b) a requirement to take an oath to uphold a state or the federal constitution. -Not a rational requirement: a) U.S. Citizenship b) Residency in the state Requirements of a bar applicant when applying: - Answer--truth and full disclosure -duty to cooperate Requirements for lawyers regarding applicants of the bar - Answer--Good applicants: your input is a "should" -Bad applicants: duty to report when asked, or to correct something you believe may have arisen in the matter Regulation after Admission: Lawyer Discipline - Answer--Regulated by highest state court (and through it agencies)