MPRE — Multistate Professional Responsibility Exam

A lawyer wants to represent a new client in a matter directly adverse to an existing client in an unrelated matter. Under Model Rule 1.7, the lawyer may proceed only if, among other requirements:

1. AThe lawyer discloses the conflict to the court only
2. BThe lawyer charges both clients a reduced fee
3. CAt least one client consents orally
4. DEach affected client gives informed consent, confirmed in writingCorrect

Why: Rule 1.7(b) permits representation despite a concurrent conflict only if the lawyer reasonably believes the representation will be competent and diligent, it is not prohibited by law, it does not involve one client's claim against another in the same litigation, and "each affected client gives informed consent, confirmed in writing." Oral consent from one client is insufficient.

In a civil case, who has the authority to decide whether to accept a settlement offer?

1. AThe client, after consulting the lawyerCorrect
2. BThe lawyer, because settlement is a tactical matter
3. CThe lawyer and client jointly, by majority vote
4. DThe judge presiding over the case

Why: Under Rule 1.2(a), "a lawyer shall abide by a client's decision whether to settle a matter." Settlement is not a tactical decision reserved to the lawyer, though the lawyer should advise the client.