MPRE CONTAINS REAL EXAM QUESTIONS AND CORRECT ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+

MPRE CONTAINS REAL EXAM QUESTIONS AND CORRECT ANSWERS (VERIFIED ANSWERS) |ALREADY GRADED A+ 01.Confidentiality The attorney-client privilege applies in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. - ANSWER- When does the attorney-client privilege apply?~ 01.Confidentiality For a communication to be protected by the attorney-client privilege, it must be - ANSWER- intended to be confidential 01.Confidentiality The attorney-client privilege does not extend to information obtained by a lawyer from witnesses or third parties unless - ANSWER- those witnesses or third parties are representatives of the client 01.Confidentiality The attorney-client privilege continues indefinitely, unless - ANSWER- waived by the client 01.Confidentiality The attorney-client privilege does not arise when the purpose of the communication is - ANSWER- to plan or perpetrate a future crime or fraudulent act 01.Confidentiality When more than one client consults with a lawyer regarding a common legal problem, statements made among the clients and lawyer are privileged, except where - ANSWER- a later dispute arises between the clients any records of statements or interviews, and other tangible items prepared in anticipation of litigation 01.Confidentiality Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing that - ANSWER- The work product doctrine generally protects from discovery 01.Confidentiality Materials prepared in anticipation of litigation or for trial may be obtained only upon a showing that - ANSWER- the party seeking discovery has substantial need of the materials in the preparation of the case and is unable to obtain their substantial equivalent without undue hardship 01.Confidentiality Even if disclosure of work product is ordered, documents reflecting the lawyer's mental impressions, conclusions, opinions, or legal theories are not discoverable without - ANSWER- some exceptional circumstance requiring their production 01.Confidentiality What communications are protected by the duty of comfidentiality? - ANSWER- Confidential communications protected by the attorney-client privilege plus all information relating to the representation of a client from any source, including information from parties and information acquired before the lawyer was retained 01.Confidentiality A lawyer cannot reveal information relating to the representation of a client unless - ANSWER- the client gives informed consent or the disclosure is impliedly authorized in order to carry out the representation 01.Confidentiality Name 6 exceptions to the duty of confidentiality. - ANSWER- (1) to prevent reasonably certain death or substantial bodily harm; (2) when a client used or is using the lawyer's services in furtherance of a crime or fraud, a lawyer may disclose information to prevent, mitigate, or rectify substantial injury to the financial interests or property of another; (3) to obtain legal advice about the lawyer's compliance with the Rules; (4) to detect and resolve conflicts of interest that arise from a lawyer's change of employment or from changes in the composition of a lawyer's firm but only if disclosing the information would not prejudice the client or compromise the attorney-client privilege; (5) to protect the lawyer's ability to assert claims and defenses on his own behalf; or (6) to comply with the law or a court order. 01.Confidentiality The inadvertent disclosure of information relating to the representation of a client does not constitute a violation of the Rules if - ANSWER- the lawyer has made reasonable efforts to prevent the access or disclosure 01.Confidentiality A lawyer who has formerly represented a client, or whose present or former firm has formerly represented a client, in a matter must not thereafter use or reveal confidential information relating to the representation of the former client, unless - ANSWER- the former client consents after consultation 02.Client-Lawyer Relationship The client decides the objectives of the representation. These may include: - ANSWER- (1) in a civil case, whether to settle the matter; and (2) in a criminal case (after consulting with the lawyer), whether to enter a plea, whether to waive a jury trial, and whether the client will testify. 02.Client-Lawyer Relationship The lawyer ordinarily has the right to determine the technical and legal tactical means by which the objectives of the relationship will be pursued, but he has the obligation to - ANSWER- consult with the client concerning those means 02.Client-Lawyer Relationship If resolution efforts are unavailing and the lawyer has a fundamental disagreement with the client: - ANSWER- - the lawyer may withdraw from the representation, or - the client may resolve the disagreement by discharging the lawyer. 02.Client-Lawyer Relationship A lawyer may limit the scope of the representation if - ANSWER- the limitation is reasonable under the circumstances and the client gives informed consent 02.Client-Lawyer Relationship A lawyer shall not assist or counsel a client to engage in conduct that - ANSWER- the lawyer knows is criminal or fraudulent 02.Client-Lawyer Relationship The fact that the client uses the lawyer's advice in a criminal or fraudulent course of conduct does not make the lawyer a party to the course of action, as long as - ANSWER- the lawyer has not assisted the client in committing the crime or fraud 02.Client-Lawyer Relationship Factors to consider in determining whether a fee is reasonable include: - ANSWER- (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood that acceptance of this representation will preclude the lawyer from accepting other employment; (3) the customary fee in the locale for this kind of work; (4) the amount involved and results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the lawyer's experience, reputation, and ability; and (8) whether the fee is fixed or contingent. 02.Client-Lawyer Relationship A contingent fee agreement must be in writing and must state: - ANSWER- (1) the method by which the fee is to be determined; (2) the expenses and costs to be deducted from the recovery and whether such expenses are to be deducted before or after the calculation of the fee; and (3) the expenses for which the client will be liable whether or not the client is the prevailing party 02.Client-Lawyer Relationship Upon conclusion of a contingent fee matter, the lawyer must provide the client with - ANSWER- a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination 02.Client-Lawyer Relationship Contingent fees are not permitted in: - ANSWER- - domestic relations matters when the contingency is based on the securing of a divorce, the amount of alimony or support, or the amount of a property settlement; and - criminal cases 02.Client-Lawyer Relationship A fee can be divided between lawyers who are not in the same firm if: - ANSWER- (1) the division is in proportion to the services performed by each lawyer; (2) the client agrees to the arrangement in writing; and (3) the total fee is reasonable. 02.Client-Lawyer Relationship A lawyer should not enter into an agreement whereby services are to be provided only up to a stated amount, when: - ANSWER- it is foreseeable that more extensive services would likely be required, unless he adequately explains the situation to the client. 02.Client-Lawyer Relationship A modification of a fee agreement during the course of the representation presumptively shows fraud by the attorney, unless - ANSWER- the client consents to the change based on full disclosure and adequate consideration