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MPRE EXAM QUESTIONS AND ANSWERS 2024
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MPRE EXAM QUESTIONS AND ANSWERS 2024
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MPRE EXAMQUESTIONS AND
ANSWERS 2024
Power to regulate the legal profession - Answers- State's Highest Court
-Adopts ethical rules
-Enforces through disciplinary commission or bar association
Congress and State Legislatures
-Have enacted laws that govern certain aspects of law practice (e.g., attorney-client
privilege).
Admission to legal profession: Effect of Criminal Acts and Other Misconduct - Answers-
To result in rejection, the misconduct must involve *moral turpitude*:
i. Crimes involving intentional dishonesty
ii. Crimes of violence
iii. Lying is always moral turpitude even if not crime
What constitutes professional misconduct? - Answers- - Violating the RPC
- Attempting to violate the RPC
- Helping someone else violate the RPC
- Using someone else to violate the RPC
What constitutes professional misconduct?: Committing certain crimes - Answers-
Crimes relevant to honesty, trustworthiness, or fitness (relevant to practice of law) Ex.
substantial interference w/ administration of justice
What constitutes professional misconduct?: Committing certain acts - Answers- Acts of
dishonesty, fraud, deceit, or misrepresentation (ex. plagiarism, cheating on bar exam)
,What constitutes professional misconduct?: Harassment or Discrimination in Law
Practice - Answers- - No harassment or discrimination based on race, sex, religion,
national origin, ethnicity, age, sexual orientation, gender identity, marital status, or
socioeconomic status.
- Does not affect ability to accept, decline, or withdraw from a case (need other proof of
discrimination)
- Trying to promote diversity is not a violation
When Reporting Profession Misconduct IS Mandatory - Answers- Violation raises
*substantial* question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice.
(e.g., cheating on taxes, dipping into client funds, destroying evidence)
Note: Duty to report applies to judge's substantial violations of Code of Judicial Conduct
When Reporting Profession Misconduct Is NOT Mandatory - Answers- 1. Question
raised was not substantial (e.g., conflicts of interest, advertising)
2. Suspect violation, but don't know
Note: Same exceptions apply to judge's violations
EXCEPTIONS to Mandatory Reporting of other attorney misconduct - Answers- 1.
Violation of duty of confidentiality to a client (have to refuse to respond rather than lie)
2. Learned of violation in lawyer's assistance program (substance abuse programs)
DISCIPLINARY AUTHORITY (8.5) - Answers- i. Any state where lawyer is admitted has
power to discipline (even through pro hac vice)
ii. Any state where lawyer provided or offered services
UNAUTHORIZED PRACTICE OF LAW (5.5) - Answers- Unauthorized practice =
practicing without a license.
Subject to discipline for engaging in unauthorized practice or *assisting* someone else
in unauthorized practice.
What is the "Practice of Law"? - Answers- 1. Appearing at judicial proceeding
2. Drafting documents
3. Negotiating settlements
4. Giving legal advice
Admission to the legal profession: ADMISSION REQUIREMENTS (8.1) - Answers-
Must be *rationally related* to the practice of law, e.g.:
1. Graduation from accredited law school
2. Oath to uphold the constitution
3. Good moral character
NOT Rational Admission Requirements to legal profession - Answers- 1. Citizenship
2. Residency (of state seeking admission)
, Duty to cooperate with character investigations - Answers- 1. Cannot knowingly make
*false statements* of material fact
2. Must *respond* to all requests for information
3. Must *correct* any misapprehensions
But NOT required to disclose *confidential information*.
What is NOT the "Practice of Law"? - Answers- 1. Interviewing people
2. Filling in forms
3. Preparing tax returns
*NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help someone
do that.
Multi-Jurisdictional Practice: Methods of *Temporary* Out-of-State Practice (MR. AP) -
Answers- 1. *Associate* with locally licensed attorney
2. Admission *pro hac vice* (for this matter only)
3. *Mediation* or *arbitration*
4. Matter *reasonably related* to home state practice
Multi-Jurisdictional Practice: *Permanent* Out-of-State Practice (IGF) - Answers- 1. *In-
house counsel* and *government lawyer* can engage in *non-litigation* practice across
state lines (must appear pro hac vice if want to litigate)
2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in
other states
Duty of Partners/Managers/Supervisory Lawyers to Prevent Ethical Violations -
Answers- 1. Partners and managers must take reasonable measures to ensure
compliance with RPC
2. Supervisory lawyers have the same duty with respect to subordinates
Vicarious Responsibility of Partners/Managers/Supervisory Lawyers (OMN) - Answers-
1. *Ordered* or ratified misconduct
2. Failed to avoid or *mitigate* consequences of violation
3. Partners, managers, and supervisors have the same duties with respect to
*nonlawyers* working on client matters (both inside and outside the firm).
Responsibilities of a Subordinate Lawyer - Answers- Acting on orders of another lawyer
does not excuse misconduct UNLESS it was a *reasonable* resolution of an *arguable
question* of professional duty.
- Usually technical in nature
PROFESSIONAL INDEPENDENCE (5.4) - Answers- - No partnerships with nonlawyers
if any partnership activities involve practice of law
- No nonlawyer control or ownership interest in firm
- No fee splitting with nonlawyers (except certain instances)
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