MPRE Exam Bundle (Graded A+)

When a judge learns of the substantial likelihood that an attorney has violated the rules (i.e. received a gift) - Answer-they MUST report it, regardless of the jdx if a juror/potential juror declines to speak to the attorney post-trial - Answer-then the attorney MUST not speak to them further ...

A lawyer represented a client in a civil case. The client strongly disagreed with the lawyer on various strategic matters. Under the Model Rules, how should the disagreement be resolved? - Answer-Under the Model Rules, a lawyer must consult with a client concerning the means of representation. Howev...

Sources of Legal Profession Regulation - Answer-ABA RPC Courts Courts Regulation of Legal Profession - Answer-States' highest courts have inherent power to regulate lawyers and adopt ethical rules. Supreme Court can impose rational requirements on admission: Examples ? - Answer-Rational: - ...

U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law. What is rationally related? What is NOT rational? - Answer-Graduation from an ABA accredited law school (Not required though) Refusal to take an oath to uphold US/State cons...

Inherent powers of State courts to regulate lawyer - Answer-regulate all aspects of the practice of the law within their jurisdictions each state with its own rules of professional conduct often based on the ABA model rules Inherent powers of Federal Courts - Answer-Each court has its own bar to ...

Decisions to be made by the client - Answer-1. Whether to accept a settlement offer 2. What to plea in a criminal case 3. Whether to waive a jury trial in a criminal case 4. Whether to testify in a criminal case 5. Whether to appeal Terminating Lawyer Client Relationship - Answer-1. Client fi...

U.S. Supreme Court says state requirements for admission to bar need to be rationally related to the practice of law. What is rationally related? What is NOT rational? - Answer-Graduation from an ABA accredited law school (Not required though) Refusal to take an oath to uphold US/State cons...

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 consider...

Rules for Applicants - Answer-a. All applicants for admission to a state bar MUST be morally fit to practice law. b. Past conduct places an applicant's moral fitness in question if that past conduct has a rational connection with applicant's fitness to practice law. When applying for admiss...

What is the number one requirement for fees? - Answer-The attorney's fees MUST be reasonable. What is the Lodestar test? - Answer-A factor test to determine the reasonableness of rates What are the factors of the Lodestar test? - Answer-1. Time -- fee cannot be changed afterward 2. Novelty -...

A lawyer assigned his secretary to manage his client trust account. The lawyer gave the secretary extensive, detailed instructions about the kinds of records to keep, - Answer-A. Yes, because he did not adequately supervise the secretary 1. Two years ago, when a couple divorced in State A, the co...

A lawyer is subject to discipline for committing a criminal act that reflects adversely on his: - Answer-Honesty, trustworthiness, or fitness as a lawyer in other respects. To constitute professional misconduct, the crime must involve some characteristic that's relevant to the practice of law. ...

Do you have a duty to volunteer facts that might help the other side? - Answer-NO Do you have a duty to inform for ex parte proceedings? - Answer-Yes -must inform the court of all material facts that will enable it to make an informed decision Must not charge a contingent fee when... - Answer-...

For many years, Attorney has served as outside counsel to Corp, a corporation. Shortly after a chance in management, Attorney discovered what she reasonably believed to be a material misstatement in a document she had drafted that Attorney was about to file on Corp's behalf with a government agency...

Regulation - Answer-Lawyers are subject to regulation by each state where the lawyer practices or where the conduct occurs. Example: Michigan licensed attorney is accused of misconduct in Ohio. Subject to regulation in both states even though they are not licensed in Ohio. Discipline - Answer-RU...

An attorney and a prospective client met to discuss whether the attorney would represent the client in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about her litigation objectives and how much she would be able to pay the attorney. As they were wrappi...

When is it mandatory to report a rule violation? When is it not mandatory? - Answer-Mandatory: Violation raises a substantial question as to lawyer's honesty, trustworthiness, or fitness to practice Not Mandatory: - Question raised was not substantial - Suspected violation but don't kno...

Rule 1.1 Competence - Answer-SHALL be competent = legal knowledge, skill, thoroughness and preparation reasonably necessary Rule 1.2 Scope of Representation and Allocation of Authority - Answer-SHALL abide by client's decisions concerning objectives of representation SHALL consult with the cli...

Supreme court standard for state ethics statutes - Answer-rules must be rationally related to the practice of law characteristics that warrant denying application - Answer-"moral turpitude" bad character must be relevant to the practice of law--> crimes of dishonesty, crimes of violence, o...