Exam (elaborations)
MPRE EXAM QUESTIONS AND ANSWERS
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MPRE EXAM QUESTIONS AND ANSWERS
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MPRE EXAMQUESTIONS
AND ANSWERS
Do you need ot report when you suspect that your boss is stealing from clients? -
Answers- No. You MUST report if you have knowledge of a fact that raises a question
about the lawyers honesty, trustworthiness, or fitness to practice. You only suspect so
there is no reporting requirement.
Can a lawyer only represent male clients in child custody cases? - Answers- Yes. a
lawyer cannot discriminate on the basis of sex race religion, etc. towards employees,
during depositions, at social events related to law practice, but in private life that is
different and lawyers can choose their clients.
Trying to murder a witness, subject to discipline if acquitted? - Answers- Yes because
the conviction is irrelevant but the accusation of that crime reflects on his fitness to be a
lawyer
Abby can practice in both state A and B, however she commits misconduct DURING
TRIAL in state B, what law applies? - Answers- If the conduct in question occurred in
connection with a proceeding that was pending before a tribunal, the ethics rules of the
jurisdiction in which the tribunal sits will be applied, unless the tribunal's rules provide
otherwise. For any other conduct, the rules of the jurisdiction in which the predominant
effect of the conduct occurred will apply (but note that if the lawyer reasonably believed
that the predominant effect would be somewhere else, the lawyer won't be subject to
discipline if the conduct would have been proper in that other jurisdiction).
What activities would be considered the unauthorized practice of law if done by
someone who is not an attorney? - Answers- Negotiating on a client's behalf, appearing
in judicial proceedings on a client's behalf, and giving legal advice are generally
considered the unauthorized practice of law when done by a nonlawyer. However, a
,nonlawyer may interview clients, do legal research, and draft documents with proper
supervision.
Can you form a business partnership with a nonlawyer? - Answers- It depends!!!
A lawyer must not form a partnership with a nonlawyer if any part of the partnership
activities will constitute the practice of law. Because Beth formed a partnership with
nonlawyer Jeff, and the partnership was meant to provide legal services, Beth is subject
to discipline.
Make sure to distinguish this rule from the law-related services rule. It would have been
proper for Beth to control a separate entity that provided law-related services. However,
Beth would have been subject to the rules of professional conduct with respect to the
non-legal services unless she made it clear that the protections of the attorney-client
relationship did not apply.
A lawyer generally cannot share fees for a case with a nonlawyer, what are the
exceptions to this rule? - Answers- -paying death benefits to a deceased lawyer's
estate
-sharing a court awarded legal fee with a nonprofit org. that recommended or hired the
lawyer
-purchasing the practice of a deceased, disabled, or disappeared attorney
-paying the firms administrative assistant's a salary or bonus
NOTE: you CANNOT pay a paralegal *in accordance with the amount of work done on
the case* this is prohibited fee sharing.
What restrictions on a lawyer's right to practice law are NOT permitted? - Answers- -a
non-compete agreement for after termination of employment, even if it is a small
geographic area or small amount of time (First, a lawyer can't make or offer a
partnership, employment, or similar agreement that restricts a lawyer's right to practice
after termination of the relationship (except for an agreement concerning retirement
benefits)
- as part of a settlement, agree to not bring claims against the company again (Second,
a lawyer can't make or offer an agreement that includes a restriction on the lawyer's
right to practice as part of the settlement of a client controversy)
What restrictions on a lawyers practice of law ARE permitted? - Answers- - the lawyer
sold his family law practice and as part of the sale agrees to not practice family law in
the state
(When a law practice is sold, the seller generally has to stop practicing law in the local
area)
, If Beth runs into a partner of her firm and tells him she intends to get her witness to
bend the truth on the stand, he shakes his head, and she later wins the trial. Is he
subject to discipline? - Answers- Yes!!! He did not take remedial action.
Rule: A lawyer is subject to discipline for a disciplinary violation committed by a second
lawyer if: (i) the first lawyer ordered the second lawyer's misconduct or knew about it
and ratified it; or (ii) the first lawyer is a partner or manager or has direct supervisory
responsibility over the second lawyer, and knows about the misconduct at a time when
its consequences can be avoided or mitigated and fails to take reasonable remedial
action.
Can a lawyer be subject to discipline if an investigator she hires does something that
would otherwise be subject to discipline? - Answers- Yes!!!
The partners and managers in a law firm have to make reasonable efforts to assure that
the conduct of nonlawyers who are associated with the firm is compatible with the
obligations of the profession. Additionally, any lawyer who directly supervises the work
of a nonlawyer has the same duty with respect to that nonlawyer.
Can a lower level attorney be subject to discipline for doing something his supervising
attorney tells him to do when it is clearly against the rules but the lower attorney doesn't
KNOW its against the rules? - Answers- Yes, still subject to discipline because he
violated the rules.
A subordinate lawyer doesn't violate the rules of professional conduct by acting in
accordance with a supervisor's reasonable resolution of an arguable question of
professional duty. Here, however, there was no arguable question of professional duty—
the rules of professional conduct state that the payment was forbidden. It's immaterial
that Kai didn't know about the rule. Orders from a supervisory lawyer are no excuse for
clearly unethical conduct—a lawyer has to follow the ethics rules even when acting
under the direction of another person
Arie, a tax attorney, meets with client Chloe to prepare her taxes and provide legal
advice. Arie makes a serious error on the tax return, resulting in a costly audit.
Could Arie be subject to discipline for incompetently completing Chloe's tax return? -
Answers- YES!!! If a lawyer provides nonlegal services in circumstances that aren't
distinct from the provision of legal services, then the rules of professional conduct apply
to both the legal and nonlegal services. Consequently, Arie can be disciplined for the
mistake on Chloe's tax return
Emily previously represented building owner Sunil in various landlord-tenant disputes.
Sunil e-mails Emily and says he wants her to represent him in a new dispute with a
tenant. Emily and Sunil meet and spend a few hours discussing strategy. Emily never
expressly accepts or declines the case during the meeting.
Is there an attorney-client relationship between Emily and Sunil? - Answers- YES!!
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