Exam (elaborations)
MPRE EXAM QUESTIONS AND ANSWERS
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MPRE EXAM QUESTIONS AND ANSWERS
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MPRE EXAMQUESTIONS
AND ANSWERS
A 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.
This rule does NOT require disclosure of info protected by the - Answers- confidentiality
rules. If a lawyer learns about another lawyer's misconduct through a privileged
communication the lawyer has no duty to report the misconduct. He'd actually be in
trouble if he did report it for violating the confidentiality rules.
The disciplinary process: - Answers- the complaint (this is considered proviilged and
cannot be the basis of an action (defamation) by the lawyer against the complainant.
THEN the screening (lawyer is asked to respond) THEN hearing (lawyer has right to
due process. counsel, proper notice to be heard and introduce evidence, cross-examine
witnesses).
NOTE: evidence obtained through an illegal search are admissible in these
proceedings.
THEN, burden of proof (on the party prosecuting the charge. BEYOND a
preponderance of the evidence but less than beyond a reasonable doubt.
FINALLY, decision and review
Most common sanctions imposed - Answers- private or public reprimand or censure,
suspension, or disbarment which is the permanent revocation of the lawyer's license to
practice. He can re apply for admission though.
Sanctions depend on the severity of the misconduct.
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