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MPRE Practice Questions And Answers With Verified Solutions 2023/2024
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MPRE Practice Questions And Answers With Verified Solutions 2023/2024
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MPRE Practice Questions And Answers With Verified Solutions 2023/2024 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 wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client confided in the attorney that she had a son the same age, but she had given him up for adoption because she was an unwed teenager when he was born. She told the attorney that no one except her family knew about the adoption, and she asked the attorney to keep it confidential. Is the information about the client's pregnancy protected by the attorney -client privile ge? A. No, because the woman had not retained the attorney when the conversation took place. B. No, because the communication was not relayed for legal advice. C ✅Answer choice B is correct. A confidential communication between a client and her attorney is privileged. The evidentiary attorney -client privilege covers the client's communication to an attorney whom the client reasonably believes represents the client, and the circumstances indicate a desire by the client for confidentiality. Although the attorney does not need to give advice or agree to the representation for the privilege to exist, the communication must be for the purpose of seeking legal advice or representation. Although the statement about the client's child was given in confidence and would be protected by the attorney's ethical duty of confidentiality, it is not subject to the attorney -client privilege because it was not relayed for the purpose of obtaining legal advice. Answer choice A is incorrect because, although the woman was a potential client with regard to the contract matter, the privilege would not apply to the statement regarding the adoption because the statement was not made for the pu rpose of obtaining legal advice. Answer choice C is incorrect because the communication was not made for the purpose of obtaining legal advice, so it is not privileged even if the woman had a reasonable expectation of representation. Answer choice D is inc orrect because, although the communication would have been privileged if it had been relayed for the purpose of obtaining legal advice, it was not relayed for that purpose. A well -known defense attorney met with a criminal defendant regarding representation of the defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was indigent, that she would represent him if he agreed to grant her movie rights regarding the representation. The client agreed to these terms, and the attorney provided him with a written consent form setting forth the terms of the representation and advising him to seek independent counsel. The attorney met with the de fendant several days later, at which time he returned a signed copy of the written consent form. He told her that he had not consulted with another attorney. The attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case to television studios shortly thereafter. Were the attorney's actions in securing the movie rights based on the case proper? A. No, because the attorney neg ✅Answer choice A is correct. An attorney is prohibited from negotiating for literary or media rights relating to representation of a client prior to the conclusion of the representation. Because the attorney negotiated for movie rights before the representa tion concluded in this case, her actions were improper. Answer choice B is incorrect because the prohibition on making or negotiating an agreement prior to the conclusion of the representation is a blanket prohibition that cannot be waived by the client re gardless of whether the client sought or obtained independent legal counsel. Answer choice C is incorrect because an attorney may not negotiate for media rights before the conclusion of representation, even if the client consents. Answer choice D is incorr ect because an attorney may not negotiate for literary or media rights before the conclusion of representation, even if such rights serve as the attorney's compensation. An attorney represented an incarcerated, indigent criminal defendant on a pro bono basis. At their initial meeting, the defendant was extremely fidgety. The defendant explained that she was a smoker but had not had a cigarette since being imprisoned becaus e she had no money to buy cigarettes in the facility. The attorney gave the defendant $50 to buy cigarettes without securing from the defendant a promise to repay the money. Nevertheless, the defendant subsequently did repay the attorney. Was the attorney' s loan to his client proper? No, because an attorney may not provide financial assistance to a client for the client's living expenses. No, because an attorney must take steps to ensure that a client will repay any monetary advances made by the attorney before making such an advance. Yes, because an attorney may provide financial assistance to an indigent client. Yes, because the defendant repaid the money to t ✅Answer choice A is correct. Financial assistance to a client is prohibited with respect to pending or planned litigation, except that an attorney may advance litigation expenses and court costs. The $50 in this case did not relate to such expenses and cost s, and therefore it is prohibited. Answer choice B is incorrect because an attorney may not generally provide money to a client regardless of whether there is a prior agreement by the client to repay it. Answer choice C is incorrect because although an att orney representing an indigent client may advance court costs and litigation expenses regardless of whether the funds will be repaid, an attorney may not provide other forms of financial assistance. The money in this case did not relate to court costs or l itigation expenses, and thus it would be prohibited. Answer choice D is incorrect because, even though the client repaid the attorney, an attorney is prohibited from providing a client with funds for living expenses. An author engaged an attorney to represent him in a copyright infringement action. The representation agreement contained a provision that required the parties to submit all disputes, including malpractice disputes, to arbitration. The attorney did not dis cuss this provision with the author, nor did he advise him to seek independent counsel with regard to it. The infringement action was successful, and no dispute arose between the author and the attorney. Consequently, the provision was not enforced. The applicable jurisdiction recognizes the validity of arbitration in this context. Is the attorne y subject to discipline? No, because the validity of arbitration is recognized by the applicable jurisdiction. No, because the provision was not enforced. Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration section of the representation agreement. Yes, because the attorney ✅Answer choice C is correct. An attorney may enter into an arbitration agreement with a client with regard to a malpractice dispute if such an agreement is permitted by the applicable jurisdiction. However, the client must be fully informed as to the scope and effect of the agreement. Because the attorney failed to provide the client with such information, the attorney is subject to discipline for this failure. Answer choice A is incorrect because, although an arbitration provision is only enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his ethical obligations, an attorney must ensure that the client is fully informed as to the scope and effect of the agreement. Answer choice B is incorrect because the lack of enforcement of the provision can affect whether the attorney is sanctioned for the violation, but it does not erase the attorney's failure to adhere to his ethical obligations. Answer choice D is incorrect because, while the client must be fully informed as to the scope and effect of the arbitration agreement, the attorney is not required to advise the client to seek independent counsel. Two friends were involved in a car accident and hired an attorney to represent them as co-parties in a claim for damages related to the accident. Each client provided the attorney with the minimum amount he would be willing to accept to settle the case. Th e clients suggested vastly different amounts. The attorney received a large settlement offer that met the individual requirements of each party, though each party would receive significantly different amounts in the settlement. He called both clients into his office separately to discuss settlement. Both clients immediately consented in writing to the agreement, though neither was aware of the amount received by the other. The attorney then accepted the offer on behalf of both of the clients. The clients me t for dinner the following night to celebrate their win, and during dessert, one of the clients disclosed to the other the amount he had received in the settlemen ✅Answer choice D is correct. An attorney representing co -parties may make an aggregate settlement only if both clients consent in writing after full consultation and disclosure by the attorney, including disclosure of the nature and extent of all claims and pleas, and the participation of each party in the settlement. Here, the attorney did not disclose the nature and extent of the offer and the participation of each party in the settlement before accepting the settlement offer. Answer choice A is incorrect because the attorney did not make a full disclosure about the settlement to each party before he accepted the offers; it is irrelevant whether the amount was aligned with the original amount specified by each party. Answer choice B is incorrect because the attorney did not make a full disclosure regarding the settlement to the clients before they accepted the settlement in writing. Answer choice C is incorrect because an attorney may represent co -partie s receiving different settlement amounts as long as the attorney makes a full disclosure to each client. An attorney successfully represented a woman charged with operating a house of prostitution. Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged brothel sought to hire the attorney to represent him. The woman t old the attorney that she did not object to his representation of any of the men charged with solicitation, but she refused to sign a written statement to that effect because she no longer wanted to be linked to the charges in any written document. Would i t be proper for the attorney to accept the politician as a client? No, because the attorney represented the woman previously. No, because the politician's claim is substantially related to the matter in which the attorney represented the woman. Yes, because the attorney received the woman's informed oral consent. Yes, although the attorney did not receive the woman's informed consent in writing. ✅Answer choice D is correct. An attorney who has previously represented a client in a matter must not subsequently represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interest s of the former client, unless the former client gives informed consent, confirmed in writing. Here, while the matters were substantially related, the interests of the politician and the woman were not adverse because both wanted to disprove that any illeg al acts related to prostitution occurred. Answer choice A is incorrect because even though the attorney represented a former client in a substantially related matter, the interests of the woman and the politician are not adverse. Answer choice B is incorre ct because the former and current clients do not have adverse interests. Answer choice C is incorrect because the woman's informed consent, oral or written, is not required because the clients do not have adverse interests. As required by a purchase agreement, a consumer and a retailer submitted a dispute to an arbitration panel. The consumer and retailer each named an attorney to be a partisan member of the panel and together those two panel members chose the third member of the panel. After listening to both sides, the panel ruled 2 -1 in favor of the retailer, with the panel member named by the consumer voting in favor of the consumer. Without seeking the consent of the retailer, the consumer employed the attorney he had appointed to the panel to challenge the arbitration of the dispute. Is it proper for the attorney to accept this employment? Yes, because the attorney served as a partisan member of the three -member arbitration panel.The benefits of buying summaries with Stuvia:
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