MPRE — Multistate Professional Responsibility Exam — All Questions
16 questions
In a civil case, who has the authority to decide whether to accept a settlement offer?
- a.The client, after consulting the lawyer✓
- b.The lawyer, because settlement is a tactical matter
- c.The lawyer and client jointly, by majority vote
- d.The judge presiding over the case
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.
Under Model Rule 1.5, a contingent fee agreement:
- a.May be oral if the fee is reasonable
- b.Must be in a writing signed by the client✓
- c.Is permitted in criminal defense cases
- d.Is prohibited in all civil cases
Rule 1.5(c) requires a contingent fee agreement to be "in a writing signed by the client," stating how the fee is determined and how expenses are treated. Rule 1.5(d) separately prohibits contingent fees for criminal defendants and fees contingent on securing a divorce or on the amount of alimony, support, or a property settlement.
When a representation ends, Model Rule 1.16 requires the lawyer to:
- a.Keep all client files permanently and never return them
- b.Retain any unearned portion of an advance fee as a penalty
- c.Protect the client's interests and refund unearned fees✓
- d.Refuse to provide the file until a new lawyer is retained
Rule 1.16(d) requires the lawyer to take reasonable steps to protect the client's interests, "such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred."
Which decision belongs to the lawyer rather than the client, after consultation?
- a.Whether to accept a settlement offer in a civil case
- b.Whether to waive a jury in a criminal case
- c.Whether a criminal defendant will testify
- d.Which witnesses to call at trial✓
Rule 1.2(a) reserves to the client the decision "whether to settle a matter" and, in criminal cases, the plea, jury waiver, and "whether the client will testify." The comment says clients normally defer to lawyers on "technical, legal and tactical matters," such as which witnesses to call.
A client authorizes her lawyer, at the start of a case, to accept any settlement of $80,000 or more. Months later, with nothing changed, the defendant offers $85,000. May the lawyer accept without calling her?
- a.No, because settlement authority expires after 30 days.
- b.No, because every offer must be conveyed before acceptance.
- c.Yes, under the advance authorization.✓
- d.Yes, but only if the offer is in writing.
The comment to Rule 1.2 says a client "may authorize the lawyer to take specific action on the client's behalf without further consultation," and absent a material change "a lawyer may rely on such an advance authorization." The client may revoke it at any time.
A lawyer agrees to review only a client's proposed employment contract for a flat fee, not to negotiate it. What makes this limited scope proper?
- a.Approval from the state bar.
- b.A fee under a set dollar amount.
- c.Reasonableness plus informed consent.✓
- d.A signed writing describing the limitation.
Rule 1.2(c) permits limiting scope "if the limitation is reasonable under the circumstances and the client gives informed consent." The rule itself does not require a signed writing.
Which representation of a client does NOT imply that the lawyer endorses the client's views?
- a.Only appointed representation of indigent defendants.
- b.Any representation, whether retained or appointed.✓
- c.Only representation of nonprofit organizations.
- d.Only representation in criminal cases.
Rule 1.2(b) states that "a lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities."
A client asks whether a planned tax strategy is legal. The lawyer believes a court would probably reject it but that there is a good-faith argument for it. What may the lawyer do?
- a.Explain the law and help test its validity in good faith.✓
- b.Report the client to the tax authorities.
- c.Refuse to discuss it, because it may be illegal.
- d.Implement it while telling no one the risks.
Rule 1.2(d) allows a lawyer to "discuss the legal consequences of any proposed course of conduct" and to "counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law." Candid advice about the risk is required by Rule 1.4(b).
Which fee arrangement is expressly prohibited by Rule 1.5(d)?
- a.An hourly fee in a child-custody case.
- b.A fee contingent on securing a divorce.✓
- c.A contingent fee to collect overdue support under a decree.
- d.A flat fee for drafting a prenuptial agreement.
Rule 1.5(d)(1) bars "any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof." The comment permits contingent fees to recover post-judgment support balances.
When a contingent-fee matter ends with a recovery, what must the lawyer give the client?
- a.A receipt signed by opposing counsel.
- b.A written closing statement.✓
- c.An oral summary of the result.
- d.A copy of the full case file.
Rule 1.5(c) requires that "upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination."
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A contingent-fee agreement must clearly notify the client about which of the following?
- a.Expenses the client owes even if the client loses.✓
- b.The lawyer's win-loss record.
- c.The lawyer's malpractice insurance limits.
- d.The names of all lawyers who may work on the case.
Rule 1.5(c) says the agreement "must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party."
Which fact is NOT one of the factors Rule 1.5(a) lists for judging whether a fee is reasonable?
- a.The client's personal wealth.✓
- b.The time and labor required.
- c.The fee customarily charged in the locality.
- d.Whether the fee is fixed or contingent.
Rule 1.5(a) lists eight factors, including "the time and labor required," "the fee customarily charged in the locality for similar legal services," and "whether the fee is fixed or contingent." The client's wealth is not among them.
A lawyer learns he has a serious illness that now materially impairs his ability to handle a complex trial. What does Rule 1.16 require?
- a.Nothing, if the client wants him to continue.
- b.Withdrawal only if the client consents.
- c.Withdrawal, subject to court rules.✓
- d.Continued representation until the trial ends.
Rule 1.16(a)(2) requires a lawyer to withdraw when "the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client," subject to Rule 1.16(c) on tribunal permission.
A client insists that his lawyer file a lawful but, in the lawyer's view, morally repugnant motion. Withdrawal would not harm the client. What may the lawyer do?
- a.Nothing, because the lawyer must follow all lawful instructions.
- b.File the motion but tell the court of her disagreement.
- c.Refuse to file it and continue representing the client.
- d.Withdraw, since she finds it repugnant.✓
Rule 1.16(b)(4) permits withdrawal when "the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement," and 1.16(b)(1) permits withdrawal without material adverse effect on the client.
A client asks a lawyer to explain the tax consequences of two settlement options so she can choose between them. What does Rule 1.4(b) require?
- a.Recommending one option and nothing more.
- b.Providing a written opinion signed by two lawyers.
- c.Enough explanation for an informed choice.✓
- d.Referring the client to an accountant.
Rule 1.4(b) states that "a lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."
A client tells her lawyer she expects him to backdate a document to meet a deadline. What must the lawyer do under Rule 1.4(a)(5)?
- a.Report her to the disciplinary authority.
- b.Consult her about the limits on what he may do.✓
- c.Withdraw without explanation.
- d.Backdate it, since the client decides the means.
Rule 1.4(a)(5) requires a lawyer to "consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules." Backdating would also violate Rules 1.2(d) and 8.4(c).