MPRE — Multistate Professional Responsibility Exam — All Questions

Under the no-contact rule of Model Rule 4.2, a lawyer representing a client in a matter must NOT, without the other lawyer's consent:

• a.Send a settlement demand to opposing counsel
• b.Discuss the matter with the represented opposing party✓
• c.Speak with the lawyer's own client about the matter
• d.Interview a willing, unrepresented eyewitness

Rule 4.2 forbids communicating "about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter" without that lawyer's consent or legal authorization.

A lawyer drafting a contract for a client notices that the other side's draft contains an error that favors his client. Does Rule 4.1 require him to point it out?

• a.Yes, if the error is worth more than $10,000.
• b.No, because contract negotiations are not governed by the Rules.
• c.Yes, because lawyers must disclose all relevant facts to opposing parties.
• d.No, there is generally no duty to volunteer facts.✓

The comment to Rule 4.1 says a lawyer "is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts." Other law, such as fraud or contract doctrine, may still matter.

A lawyer tells opposing counsel, "My client's building passed its inspection," which is true, but omits that the inspector later withdrew the approval. Is this a misrepresentation?

• a.No, because opposing counsel should have checked.
• b.Yes, but only if the omission was in writing.
• c.Yes, a misleading half-truth can be false.✓
• d.No, because the statement was literally true.

The comment to Rule 4.1 says "misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements."

A lawyer does not know that a witness he interviews about a car accident has retained counsel in the matter; nothing suggested she had. Is the interview a violation of Rule 4.2?

• a.No, because he did not know she was represented.✓
• b.Yes, unless the witness initiated contact.
• c.Yes, because the witness was in fact represented.
• d.No, because Rule 4.2 does not apply to witnesses.

The comment to Rule 4.2 says the prohibition "only applies in circumstances where the lawyer knows that the person is in fact represented," though knowledge "may be inferred from the circumstances." If he learns of the representation, he must stop.

A person who is represented in a lawsuit asks a different lawyer, not involved in the case, for a second opinion. May that lawyer talk with her?

• a.No, unless her lawyer consents.
• b.No, because she is represented in the matter.
• c.Yes, but only after the case ends.
• d.Yes, second opinions are not barred.✓

The comment to Rule 4.2 says the rule does not "preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter."

To gather evidence, a lawyer hires an investigator who secretly obtains the other side's private medical records in violation of a privacy statute. Which rule is most directly violated?

• a.Rule 7.3, on soliciting prospective clients.
• b.Rule 4.3, on dealing with unrepresented persons.
• c.Rule 4.4(a), on third persons' rights.✓
• d.Rule 1.5, on reasonable fees and expenses.

Rule 4.4(a) forbids using "methods of obtaining evidence that violate the legal rights of such a person," and Rule 8.4(a) makes a lawyer responsible for violations committed "through the acts of another."