MPRE — Multistate Professional Responsibility Exam — All Questions
← Back to practice2 questions
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.