MPRE — Multistate Professional Responsibility Exam — All Questions
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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.