MPRE — Multistate Professional Responsibility Exam — All Questions

A lawyer wishes to represent two clients whose interests are directly adverse in the same matter. Under Model Rule 1.7, the lawyer may proceed only if, among other requirements:

• a.The lawyer discloses the conflict to the court only
• b.At least one client consents orally
• c.Each affected client gives informed consent, confirmed in writing, and the lawyer reasonably believes the representation will be competent and diligent✓
• d.The lawyer charges both clients a reduced fee

Model Rule 1.7 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, the clients are not asserting claims against each other in the same litigation, and each affected client gives informed consent confirmed in writing. Oral consent from one client is insufficient.

A lawyer formerly represented a company in negotiating a contract. A new client now wants to sue that former client in a substantially related matter with materially adverse interests. The lawyer may take the case only if:

• a.The new matter arose more than one year later
• b.The former client gives informed consent, confirmed in writing✓
• c.The lawyer no longer remembers confidential information
• d.The new client agrees to waive fees

Under Model Rule 1.9, a lawyer may not represent a new client against a former client in the same or a substantially related matter with materially adverse interests without the former client's informed consent, confirmed in writing. The passage of time or the lawyer's memory does not remove the duty.

One lawyer in a firm has a conflict that prohibits handling a matter. Under the general imputation rule of Model Rule 1.10, the conflict is:

• a.Imputed to all other lawyers in the firm, subject to limited exceptions such as screening✓
• b.Limited to that one lawyer with no effect on the firm
• c.Automatically waived once the lawyer leaves the firm
• d.Cured if the firm charges no fee for the matter

Under Model Rule 1.10, while lawyers are associated in a firm, none may knowingly take on a matter barred to any one of them by a conflict, so the conflict is generally imputed to the whole firm. Exceptions include timely screening of a lawyer who moves between firms and purely personal-interest conflicts that pose no significant risk to others.

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

• a.The lawyer, because settlement is a tactical matter
• b.The judge presiding over the case
• c.The lawyer and client jointly, by majority vote
• d.The client✓

Under Model Rule 1.2, the client decides the objectives of the representation, and whether to settle a civil matter is expressly the client's decision. The lawyer controls the means and tactics but must abide by the client's decision on settlement.

Under Model Rule 1.5, a contingent fee agreement:

• a.Is permitted in criminal defense cases
• b.Must be in writing and is prohibited in criminal and most domestic-relations matters✓
• c.May be oral if the fee is reasonable
• d.Is prohibited in all civil cases

A contingent fee must be set out in a writing signed by the client and is prohibited in criminal cases and in most domestic-relations matters, such as fees contingent on obtaining a divorce or a certain amount of support. Contingent fees are permitted in many other civil cases.

When a representation ends, Model Rule 1.16 requires the lawyer to:

• a.Take steps to protect the client's interests and return unearned fees and client property✓
• b.Keep all client files permanently and never return them
• c.Retain any unearned portion of an advance fee as a penalty
• d.Refuse to provide the file until a new lawyer is retained

On termination, Model Rule 1.16 requires the lawyer to take reasonable steps to protect the client's interests, such as giving notice, surrendering papers and property to which the client is entitled, and refunding any advance fee that has not been earned.

During trial, a lawyer comes to know that a witness the lawyer called has given material false testimony. Under Model Rule 3.3, the lawyer must:

• a.Do nothing, because the duty of confidentiality controls
• b.Immediately withdraw without informing anyone
• c.Take reasonable remedial measures, which may include disclosure to the tribunal✓
• d.Simply avoid relying on the false testimony in closing argument

Under Model Rule 3.3, candor to the tribunal requires a lawyer who learns that material evidence offered was false to take reasonable remedial measures, including, if necessary, disclosure to the tribunal. This duty applies even if it requires revealing information otherwise protected by confidentiality.

Under Model Rule 3.3, when there is legal authority in the controlling jurisdiction directly adverse to the client's position and opposing counsel has not cited it, the lawyer must:

• a.Keep silent, since the duty is to advocate for the client
• b.Disclose the adverse controlling authority to the tribunal✓
• c.Cite it only if the judge specifically asks
• d.Cite it only after the client consents

Model Rule 3.3 requires a lawyer to disclose to the tribunal legal authority in the controlling jurisdiction known to be directly adverse to the client's position when opposing counsel has not disclosed it. Candor to the court overrides the desire to conceal unfavorable law.

Under Model Rule 3.4, which conduct by a trial lawyer is prohibited?

• a.Vigorously cross-examining an opposing witness
• b.Objecting to inadmissible evidence
• c.Requesting a continuance for good cause
• d.Advising a witness to testify falsely or unlawfully obstructing access to evidence✓

Model Rule 3.4 requires fairness to the opposing party and counsel. It prohibits falsifying evidence, counseling a witness to testify falsely, and unlawfully obstructing another party's access to evidence. Vigorous cross-examination and proper objections are permissible advocacy.

A lawyer learns that another lawyer has committed a violation that raises a substantial question about that lawyer's honesty and fitness to practice. Under Model Rule 8.3, the lawyer must:

• a.Report the misconduct to the appropriate professional authority, unless the information is protected as confidential✓
• b.Confront the other lawyer privately and take no further action
• c.Report only if the misconduct occurred in a courtroom
• d.Keep the information secret in all circumstances

Model Rule 8.3 imposes a duty to report another lawyer's misconduct that raises a substantial question about honesty, trustworthiness, or fitness to the appropriate authority. The duty does not require disclosure of information protected by the duty of confidentiality under Rule 1.6.

Under Model Rule 8.4, which of the following constitutes professional misconduct?

• a.Declining to represent a prospective client
• b.Charging a reasonable hourly fee
• c.Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation✓
• d.Advertising legal services truthfully

Model Rule 8.4 defines professional misconduct to include engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, as well as violating the rules and committing certain criminal acts. Declining representation, charging reasonable fees, and truthful advertising are not misconduct.

How does the duty of confidentiality under Model Rule 1.6 differ from the attorney-client evidentiary privilege?

• a.The duty of confidentiality applies only to statements made in court
• b.The duty of confidentiality is broader, covering all information relating to the representation whatever its source✓
• c.The privilege is broader than the duty of confidentiality
• d.The two are identical in scope

The ethical duty of confidentiality under Rule 1.6 is broader than the evidentiary privilege. It protects all information relating to the representation, regardless of its source, not just confidential communications between lawyer and client sought as evidence, and it applies in all settings, not only in court.

Under Model Rule 1.6(b), a lawyer is permitted to reveal confidential information to the extent reasonably necessary to:

• a.Win any case for the client
• b.Advance the lawyer's business interests
• c.Satisfy the curiosity of a third party
• d.Prevent reasonably certain death or substantial bodily harm✓

Model Rule 1.6(b) permits, but does not require, disclosure to prevent reasonably certain death or substantial bodily harm, among other narrow exceptions. The exceptions are limited to specific circumstances and do not include general advantage to the lawyer or client.

Under Model Rule 1.1, competent representation requires:

• a.The legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation✓
• b.A guarantee that the client will win
• c.At least ten years of experience in the field
• d.Board certification as a specialist

Model Rule 1.1 requires competence, defined as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, including keeping abreast of relevant technology. It does not require a specific number of years, certification, or guaranteed success.

A lawyer violates a disciplinary rule of professional conduct. Under the Model Rules, that violation:

• a.Automatically establishes civil malpractice liability
• b.Requires the client to be paid treble damages
• c.Does not by itself create a civil cause of action, though it may lead to professional discipline✓
• d.Bars the client from ever suing the lawyer

The Model Rules state that a violation of a rule does not itself give rise to a cause of action or create a presumption of a breached legal duty. Discipline (such as suspension or disbarment) is a separate track from a civil malpractice claim, which requires proof of duty, breach, causation, and damages.

Under the Model Code of Judicial Conduct, a judge must disqualify from a proceeding when:

• a.The judge dislikes one of the attorneys' argument style
• b.The judge's impartiality might reasonably be questioned, such as a personal bias or financial interest in the matter✓
• c.The case is expected to be time-consuming
• d.One party is self-represented

The Model Code requires a judge to disqualify in any proceeding in which the judge's impartiality might reasonably be questioned, including personal bias or prejudice, personal knowledge of disputed facts, an economic interest in the matter, or a close family relationship to a party or lawyer. General inconvenience or a party's self-representation is not a ground.

Under Model Rule 7.1, a lawyer's advertisement is improper if it:

• a.States the lawyer's areas of practice
• b.Lists the lawyer's office hours and fees
• c.Contains a material misrepresentation or omits a fact needed to keep it from being materially misleading✓
• d.Includes the lawyer's photograph

Model Rule 7.1 prohibits false or misleading communications about a lawyer or the lawyer's services. A communication is misleading if it contains a material misrepresentation of fact or law or omits a fact necessary to make it not materially misleading. Truthful, non-misleading advertising is permitted.

Under Model Rule 7.3, a lawyer generally may NOT use live person-to-person solicitation for pecuniary gain when the person solicited is:

• a.A stranger with no prior relationship to the lawyer, contacted in person about a recent accident✓
• b.Another lawyer
• c.A close personal friend of the lawyer
• d.A former client of the lawyer

Model Rule 7.3 bars live person-to-person solicitation motivated by pecuniary gain unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer. Soliciting a stranger in person about a recent accident falls within the prohibition.

Under the no-contact rule of Model Rule 4.2, a lawyer representing a client in a matter must NOT:

• a.Speak with the lawyer's own client about the matter
• b.Communicate about the subject of the representation with a person the lawyer knows is represented by another lawyer, without that lawyer's consent✓
• c.Interview a willing, unrepresented eyewitness
• d.Send a settlement demand to opposing counsel

Model Rule 4.2 prohibits a lawyer from communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the other lawyer consents or the contact is authorized by law. Communicating through opposing counsel and interviewing unrepresented witnesses are permitted.

Under Model Rule 1.15, a lawyer who receives funds belonging to a client must:

• a.Deposit them in the lawyer's personal account for convenience
• b.Use them immediately to cover firm operating expenses
• c.Keep them in cash in the office safe
• d.Hold them in a separate client trust account, not commingled with the lawyer's own funds✓

Model Rule 1.15 requires client funds to be held in a separate trust account, kept apart from the lawyer's own property. Commingling client money with the lawyer's personal or business funds is prohibited, and the lawyer must keep complete records of the account.

Under Model Rule 3.8, a prosecutor has a special duty to:

• a.Make timely disclosure to the defense of evidence tending to negate the guilt of the accused✓
• b.Obtain a conviction by any lawful means
• c.Refuse to disclose favorable evidence until after trial
• d.Prosecute every charge the police request

Model Rule 3.8 imposes heightened duties on prosecutors, including refraining from prosecuting charges not supported by probable cause and making timely disclosure of evidence that tends to negate guilt or mitigate the offense. The prosecutor's role is to seek justice, not merely to win convictions.

Under Model Rule 6.1, a lawyer's responsibility to provide pro bono legal services is best described as:

• a.A strictly enforced requirement whose violation results in disbarment
• b.A professional responsibility to which every lawyer should aspire, aiming to serve those unable to pay✓
• c.An obligation that applies only to lawyers in private firms
• d.A duty owed only to existing paying clients

Model Rule 6.1 states that every lawyer has a professional responsibility to provide legal services to those unable to pay and should aspire to render a substantial number of pro bono hours each year. It is aspirational in the Model Rules rather than a disciplinary mandate whose breach leads to disbarment.