MPRE — Multistate Professional Responsibility Exam — All Questions
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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.