MPRE Practice Questions And Answers 2023

MPRE Practice Questions And Answers 2023 Rules for Applicants - CORRECT 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 admission to a state bar, an applicant MUST NOT KNOWINGLY: - CORRECT ANSWER-(1) make a false statement of material fact OR (2) fail to disclose a fact that is necessary to correct a misapprehension If an applicant's violation of this rule is discovered after the applicant's admission to the bar, this lawyer will be subject to disciplinary action and can have his admission voided or license suspended or revoked. An applicant must disclose information requested by the state bar UNLESS the information is protected by applicant's Fifth Amendment right against self-incrimination. Examples of information that are NOT protected by the Fifth Amendment right against self-incrimination: - CORRECT ANSWER-(1) treatment for chemical dependency and mental illness; (2) whether the applicant has been a party to any lawsuit; and (3) records of arrests not leading to a conviction. Rules for Lawyers Recommending Applicants — In connection with a bar admission application, a lawyer MUST NOT KNOWINGLY: - CORRECT ANSWER-(1) make a false statement of material fact, (2) fail to disclose a fact necessary to correct a misapprehension, OR (3) fail to respond to a lawful demand for non-confidential information. Forms/Types of Professional Misconduct - CORRECT ANSWER-• Violations of the Rules of Professional Conduct • Criminal Acts that Reflect Adversely on Lawyer's Honesty, Trustworthiness, or Fitness as a Lawyer • Conduct involving Dishonesty, Fraud, Deceit • Conduct that is Prejudicial to the Administration of Justice • State or Imply an Ability to Influence a Government Agency or Official Reporting Professional Misconduct - CORRECT ANSWER-*RULE*: Lawyers MUST inform the appropriate professional authority if they have knowledge of any violation of a mandatory rule of professional or judicial conduct. *EXCEPTION*: Where doing so would require: disclosure of confidential information owed to client. Jurisdictional Authority to Discipline - CORRECT ANSWER-(1) A lawyer admitted to practice in a jurisdiction is ALWAYS subject to that jurisdiction's Rules of Professional Conduct. (2) A lawyer NOT admitted to practice in a jurisdiction nevertheless becomes subject to that jurisdiction's Rules of Professional Conduct if the lawyer provides or offers to provide any legal services in that jurisdiction. Jurisdictions where a lawyer is NOT admitted to practice - CORRECT ANSWER-RULE: a lawyer MAY NOT (a) establish in that jurisdiction a systematic and continuous presence for the practice of law OR (b) represent that the lawyer is admitted to practice there. EXCEPTIONS: If not admitted in a jurisdiction, a lawyer MAY provide legal services in that jurisdiction on a temporary basis if it is: (a) reasonably related to the lawyer's authorized practice in some other jurisdiction; (b) done pro se; (c) done pro hac vice; OR (d) as part of a certified legal intern clinic. Non-lawyers and the unauthorized practice of law - CORRECT ANSWER-Non-lawyers employed by lawyers may be delegated certain functions without engaging in the unauthorized practice of law so long as the lawyer *supervises and retains responsibility for their work* Lawyers associating with non-lawyers - CORRECT ANSWER-(1) Lawyers may not form a partnership with nonlawyers if any of the business's activities consist of the practice of law. (2) Lawyers may not practice law in the form of a professional corporation if a nonlawyer (a) Owns an interest in the professional corporation, OR (b) is a director/officer of the professional corporation. Partners & Supervising Attorneys — Responsibilities for Attorneys in their Employ - CORRECT ANSWER-*In General*: All partners and supervising attorneys MUST make REASONABLE efforts to establish internal policies and procedures to provide REASONABLE assurance that all attorneys in their employ comply with the ethical rules. *Large Firms* (particularly those practicing in areas involving difficult ethical problems): these "reasonable efforts" must include the establishment of a formal set of policies and procedures. *Personal Liability*: Supervising attorneys are personally responsible for a subordinate's ethical violations if they ORDER OR RATIFY that subordinate's work. Partners & Supervising Attorneys — Responsibilities for Non-Lawyers in their Employ - CORRECT ANSWER-*In General*: All partners and supervising attorneys MUST make REASONABLE efforts to ensure that non-lawyers associated with the lawyer or law firm conduct themselves in a manner that is compatible with the professional obligations of a lawyer. *DISCIPLINE*: A lawyer is subject to discipline for their wrongdoing if the lawyer: (1) orders or ratifies the wrongdoing OR (2) fails to take reasonable remedial steps to avoid or mitigate the consequences of the wrongdoing. Subordinate Attorney's Duties - CORRECT ANSWER-In general, *following a supervisor's orders is not a defense* for a subordinate lawyer's misconduct. However, if the subordinate lawyer *acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty,* then the subordinate *does NOT violate the Rules* and has not, in this instance, engaged in misconduct. Communications about Lawyer Services - CORRECT ANSWER-Lawyers may communicate information about themselves or their services so long as the communication is neither false or misleading. CANNOT: (1) Contain a material misrepresentation OR (2) Omit a necessary fact. *DISTINCTION*: In advertising a contingency fee (no fee unless the outcome is successful), the lawyer must not fail to indicate the costs of litigation to the client. Advertising - CORRECT ANSWER-Lawyers may advertise their legal services so long as the advertisements are not false or misleading and contain: the name and address of at least one attorney or law firm. Solicitation in General - CORRECT ANSWER-Lawyers may solicit professional employment but ONLY IF: (a) the solicitation involves NO coercion, duress, harassment AND (b) the person targeted has NOT made known to the lawyer a desire not to be solicited. Solicitation by in person, live telephone, or real-time electronic contact - CORRECT ANSWER-ALLOWED ONLY IF: (1) Not for Pecuniary Gain (2) Soliciting Other Lawyers (3) Soliciting Family or Persons of Prior Pro Relationship Solicitation — Written, Recorded, or Electronic Communication (to someone known to be in need of legal services) - CORRECT ANSWER-RULE: The words "ADVERTISING MATERIAL" MUST appear on the outside envelope (in the case of a written communication) or at the beginning and ending of the message (in the case of recordings or electronic communications). Specialization - CORRECT ANSWER-Lawyers may indicate that the lawyer is a "specialist" or "specializes in" particular fields. — "Patent" and "Admiralty" lawyers can advertise this if they engage in that practice. *Certified Specialists" Lawyers may not state or imply that they are "certified" as a specialist unless: (1) they have been certified as a specialist by an organization that has been approved by an appropriate state authority or accredited by the ABA AND (2) the name of the certifying organization is clearly identified in the communication. Referrals - CORRECT ANSWER-*RULE*: Lawyers MUST NOT give anything of value to a person for recommending the lawyer's services. *EXCEPTIONS*: a. *Legal service plans*: not-for-profits, and qualified lawyer referral services (must be qualified by bar) b. *Reciprocal referral arrangements*: so long as the client is *informed* about the arrangement AND the arrangement is *not exclusive*. Naming of a Law Practice - CORRECT ANSWER-*General Rule*: Cannot be misleading. — Keep an eye out for affiliations with public entities or non-lawyer organizations. *Lawyers Holding Public Office*: If a lawyer in a law firm holds a public office, the name of this lawyer shall NOT be used in the name of the law firm during any substantial period in which the lawyer is NOT actively and regularly practicing with the firm. Attorney-Client Relationship — The Client's Authority - CORRECT ANSWER-As the principal, the client has the ultimate authority to determine the purpose and the objectives of the lawyer's representation. *Civil Cases*: Client has sole authority to approve settlement. *Criminal*: a. To enter a plea; b. To waive a jury trial; or c. Whether or not to take the stand. Attorney-Client Relationship — The Lawyer's Authority - CORRECT ANSWER-(1) As the agent, the lawyer has authority to take actions that are impliedly authorized to carry out the objectives of the representation. (2) Legal tactics used in pursuit of the client's objectives insofar as the client usually defers to the lawyer's legal expertise. Attorney-Client Relationship — client with diminished capacity - CORRECT ANSWER- (1) When a lawyer ___reasonably believes____that a client has diminished capacity to make adequately considered decisions in connection with the representation, the lawyer may take reasonably necessary protective action so long as the lawyer reasonably believes that the client is _at risk of substantial harm_. In taking protective action, the lawyer should be guided by such factors as: • the wishes and values of the client to the extent known • the client's best interests Attorney-Client Relationship — Representation Within the Bounds of the Law - CORRECT ANSWER-(1) A lawyer SHALL NOT ASSIST a client in conduct that the lawyer knows is criminal or fraudulent . (2) Likewise, a lawyer SHALL NOT COUNSEL A client to engage in conduct the lawyer knows is criminal or fraudulent. (3) A lawyer MAY discuss with the client the legal consequences of ANY proposed course of conduct considered by the client. *If client *suggests* criminal/fraudulent activity, the lawyer can counsel them of repercussions and should insist on other actions. Attorney-Client Relationship — Reasonableness of Fees (FACTORS) - CORRECT ANSWER-• the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; • the likelihood that acceptance of this representation will preclude the lawyer from accepting other employment; • the customary fee in the locale for this kind of work; • the amount involved and results obtained; • the time limitations imposed by the client or by the circumstances; • the nature and length of the professional relationship with the client; • the lawyer's experience, reputation, and ability; AND • whether the fee is fixed or contingent