Exam (elaborations)
MPRE EXAM QUESTIONS AND ANSWERS
- Course
- Institution
MPRE EXAM QUESTIONS AND ANSWERS
[Show more]
Content preview
MPRE EXAM QUESTIONS AND ANSWERSA lawyer is regulated by the rules of (3) - Answers -the state, the federal system, and
each state in which the lawyer is admitted to practice.
Three sources of STATE regulation - Answers -1. Courts (have inherent power to
regulate legal profession in and out of court. the ultimate power rests in the highest
court, NOT WITH THE STATE legislature.)
2. Bar Associations (majority of states have an integrated bar system, meaning every
lower who is admitted to practice must be a member. The bar assc. does the bar exam,
CLEs, etc.)
3. Congress and State Legislatures
Within the state courts there are 3 sources of regulation - Answers -1. Ethics Rules (the
highest court of the state promote the ethics rules.)
2. Case Law
3. Rules of Court
TWO sources of Federal System - Answers -1. Courts (each federal court has its own
bar. a lawyer cannot practice before a particular court without first becoming a member
of its bar).
2. Government Attorneys (A attorney for the fed gov is subject to state laws and rules
governing attorneys in each state in which the attorney engages in her duties.
NOTE- This pertains only to the rules that prescribe ethical conduct. It DOES not apply
to state rules of evidence or procedure, or state substantive law.
In most states, to be admitted to the practice of law, person must have successfully
completed.... - Answers -college and law school, passed the bar exam, and submitted to
a bar admission committee an application for admission (includes proof of moral
character).
An applicant must not - Answers -KNOWINGLY make a false statement of material fact.
Ex: knowingly failing to reveal that he had been suspended form college for a semester.
An applicant (OR LAWYER IN CONNECTION with an applicant's application) must not
(2 things) - Answers -1. fail to disclose a fact necessary to correct a misapprehension
KNOWN by the person to have arisen in the matter, or (2) knowingly fail to respond to a
lawful demand for info from an admission authority.
,NOTE: this rule does not require disclosure of info otherwise protected by the
confidentiality provisions of the Rules of Professional Conduct.
Ex: Attorney A knows about B's forgery. A must voluntarily tell the bar officials about it.
who had the burden of proof to establish good moral character? - Answers -The
applicant.
A bar applicant has a right to - Answers -due process in committee proceedings. Thus,
he has the right to know the charges filed against him. If you are denied admission on
the basis of bad moral character, you are entitled to judicial review, usually by the
state's highest court.
ALL past conduct is - Answers -relevant to an evaluation of a person's moral character.
The committee may consider any conduct or charges against the application, EVEN
ones where he was acquitted.
Ex: in one case the applicant was denied admission because of personality traits that
were deemed to make him unfit to practice.
Mere conviction of a crime is... - Answers -NOT sufficient to deny admission of an
applicant.
To be disqualified, the crime in question must involve... - Answers -MORAL TURPITDE.
AKA a crime involving dishonesty for the purpose of personal gain or a crime involving
violence (murder or rape for example).
Adolescent misbehavior - Answers -does not necessarily bear on the applicant's current
fitness to practice law.
An applicant may still gain admission to practice despite past conduct involving moral
turpitude IF - Answers -he can demonstrate sufficient rehab of his character.
Concealment of past conduct constitutes.... - Answers -moral turpitude. Even if the past
conduct does not involve moral turpitude.
An applicant's mere relationship in the communist party - Answers -is not sufficient to
show a lack of moral character and deny his admission to practice.
Citizenship and residency are not valid requirements. - Answers -A state cannot require
that a person be a US citizen to be admitted to the practice of law. This violated the EP
clause. Also, a state cannot require you to be a resident of that state to be admitted to
practice there. This violated the PI clause.
Misconduct once you are admitted. It is professional misconduct for a lawyer to (3
things) - Answers -(1) violate or attempt to violate any of the Rules of Professional
,Conduct, (2) knowingly assist or induce another person to violate the rules, or (3) use
the acts of another person to commit a violation.
Ex: Attorney knows its a violation to approach an accident victim at the scene. He asks
his brother in law T, a tow truck driver to pass his cards out. This is violation
A lawyer is subject to discipline for committing a criminal act that reflects adversely.... -
Answers -on his honesty, trustworthiness, or fitness as a lawyer in other respects.
To constitute professional misconduct the crime must involve some characteristic that is
- Answers -relevant to the practice of law. Drunk driving, whores, possession of
cannabis do not necessarily trigger professional discipline. But breach of trust, and
things like that will. (willfully failing to file personal income tax return, defrauding one's
own law firm by misusing expense accounts)
A lawyer is subject to discipline for engaging in conduct that is prejudicial to the -
Answers -administration of justice (falsifying evidence, frivolous claims)
A lawyer must never state or imply that he has the ability to - Answers -improperly
influence a government agency or official. A judge for example.
A lawyer is subject to discipline for KNOWINGLY assisting a judge or judicial officer in -
Answers -conduct that violates the code of judicial conduct or other law.
A lawyer must not, IN CONDUCT RELATED TO THE PRACTICE OF LAW, - Answers -
engage in conduct that the lawyer knows or reasonably should know is harassment or
discrimination on the basis of race/sex/X Y Z.
Conduct related to the practice of law includes representing clients, interacting with
witnesses, or managing a law practice.
The legal profession prides itself on - Answers -self-policing. Each member of the group
is obligated to report misconduct by other members.
A lawyer who KNOWS that another lawyer has violated the rules in such a way that
raises a SUBSTANTIAL question as to that lawyer's honesty, trustworthiness, or fitness
- Answers -must report the violation to the authority. Same thing applies for a judge.
eX: Attorney learned that accountant formed partnership with attorney B. B violated the
rule against partnerships with non lawyers. A does not have to report B's violation
because it does not include a rule that breaks his dishonest/trust/fitness.
While a lawyer may report suspected misconduct, she MUST report.... - Answers -
KNOWN conduct. this means actual knowledge, but it may be inferred from the
circumstances.
, Ex: X did not have any proof Y had a drinking problem. But once he saw him clearly
drunk in court and could barely hold a conversation, then he must report it.
A lawyer who fails to report misconduct is - Answers -subject to discipline herself.
A lawyer may open a law office and establish a systematic and continuous practice in a
different jurisdiction in 2 NARROWLY LIMITED situations - Answers -1. lawyers
employed by their only client (they can render legal services, but if they want to litigate a
matter in that state, they must seek admission pro hac vice. in house council for
example.)
2. legal services authorized by federal or local law (in rare cases fed or local law
authorized a lawyer to practice a restricted branch of law in a state in which he is not
otherwise admitted to practice. Ex: admitted to practice patent law in DC. L in florida but
not member of the FLBar. but he can still do his patent practice).
a person not admitted to practice as a lawyer must not engage in the unauthorized
practice of law, AND a lawyer must not assist - Answers -such a person to do so.
Defining the "practice of law" - Answers -(1) Whether the activity involves legal
knowledge and skills beyond which an average layperson possesses, (2) whether the
activity constitutes advice or services concerning binding legal rights or remedies, and
(3) whether the activity is one traditionally performed by lawyers.
Activities constituting law practice include - Answers -appearing in judicial proceedings,
negotiations, drafting documents that affect substantial legal rights or obligations.
activities NOT constituting law practice - Answers -accountants can appear before
agencies when representing clients. real estate brokers, title insurance companies are
usually permitted to fill in blanks on documents. you can also publish books.
Giving advice on tax law would probably constitute the unauthorized practice of law,
BUT - Answers -An accountant or other layperson may prepare tax returns and answer
questions incidental to the preparation of the returns.
note that a lawyer can delegate - Answers -tasks to a paralegal, law clerk, student
intern, or other such person. BUT the lawyer must supervise the delegated work
carefully and must be ultimately responsible for the results.
a lawyer MAY advice and instruct non lawyers whose employment requires - Answers -
knowledge of the law (claims adjusters, social workers, accountants, and government
employees.
A lawyer may advice persons who wish to appear on their own - Answers -behalf in a
legal matter.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GEEKA. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82191 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now