correct_answer stringlengths 0 587 | candidate_answers list | source stringclasses 1
value | correct_idx int64 0 3 | problem_number int64 1 500 | problem_statement stringlengths 56 3.02k | topic stringclasses 1
value |
|---|---|---|---|---|---|---|
Yes, the attorney and the defendant were reasonable in believing that the conversation was confidential. | [
"Yes, the attorney and the defendant were reasonable in believing that the conversation was confidential.",
"Yes, the information relates to the attorney's representation of the defendant.",
"No, the fact that a third party heard the conversation waived attorney-client privilege.",
"No, in overhearing the con... | MPRE | 0 | 301 | An attorney specialized in criminal defense work, and at one point she agreed to represent a client who was multiple charges for gang-related criminal activities. While the client was in county lockup, inmates there from a rival gang assaulted him, necessitating his hospitalization. The attorney visited her client in t... | |
No, because the privilege belongs to the client, and the plaintiff here owns the privilege. | [
"Yes, if they were confidential exchanges between a corporate employee and corporate counsel seeking legal advice.",
"Yes, if the employee had received instructions from his superiors at Conglomerate to email corporate counsel about his concerns.",
"No, because the privilege belongs to the client, and the plain... | MPRE | 2 | 302 | A former employee is suing Conglomerate Corporation. The employee claims that Conglomerate fired him as retaliation for uncovering internal corruption at the company. While he still worked for Conglomerate, the employee had several email exchanges with Conglomerate’s in-house counsel about the problems he had uncovered... | |
No, because the prosecutor declined the offer of disclosure at the time, and the privilege survives the client’s death. | [
"Yes, the privilege belongs to the client and only a living client can assert privilege.",
"Yes, because the client had offered to make the disclosure before his death, and the client’s death makes that offer the final word on the client’s intention about the disclosure.",
"No, because the prosecutor declined t... | MPRE | 2 | 303 | Two codefendants stood trial on an arson charge, each represented by separate counsel. The first defendant, through his attorney, offered to tell the prosecutor about some valuable eyewitnesses that would help the prosecution’s case against the other defendant, in exchange for a plea agreement that included no jail tim... | |
No, because the attorney was participating as a business advisor in this meeting, not providing legal services. | [
"Yes, if the meeting was confidential and the hospital has not waived privilege in the meantime.",
"Yes, because the participation of corporate counsel in a management meeting ensures that the discussions are privileged.",
"No, because the cable company owns the privilege in this case.",
"No, because the atto... | MPRE | 3 | 304 | The corporate officers of a large hospital were trying to decide whether to provide free HBO and Showtime (and other subscription cable channels) to all the televisions in the patient rooms. Corporate counsel participated in these meetings due to his familiarity with the pricing of these channels and what other hospita... | |
No, because the information did not come from the client, and therefore attorney client privilege does not apply. | [
"Yes, because the stories are confidential information related to the representation.",
"Yes, assuming the client wants the attorney to keep the information confidential, because the client is the holder of the privilege.",
"No, because the information did not come from the client, and therefore attorney client... | MPRE | 2 | 305 | An attorney represented a personal injury plaintiff in a lawsuit. While trying to find potential witnesses to support the client’s litigation claims and personal credibility, the attorney met with several people neighbors and friends of the client, asking about the incident that injured the client, as well as the clien... | |
No, because privilege normally survives the death of the client. | [
"Yes, because the client has absolute control over whether to settle a case or proceed to trial.",
"Yes, if the opposing party has some evidence that the deceased client intended to accept the settlement offer that the attorney is now rejecting.",
"No, because the decision whether to settle is now up to the dec... | MPRE | 3 | 306 | A client had a confidential conversation with his attorney seeking legal advice. The client died a few weeks later. The client had pending litigation at the time of his conversation with the attorney, and the opposing party seeks disclosure of the conversation, because opposing counsel believes the client had instructe... | |
The client played the recording at home for his friend to get his advice and input. | [
"The client played the recording at home for his friend to get his advice and input.",
"There was good reason to believe that the client had told contradictory versions of the story on different occasions.",
"The client has died and is unavailable to testify at trial.",
"The lawsuit involved some criminal beh... | MPRE | 0 | 307 | An attorney sometimes recorded his interviews with clients, after obtaining permission from the client, especially when the client was recounting a long narrative about events that transpired, which had given rise to litigation. The opposing party in one lawsuit sought discovery of the recording of the client’s narrati... | |
Yes, because these are business communications, not legal advice from the lawyer to the client. | [
"Yes, because there is no indication that the attorney marked these documents as “privileged and confidential” at the time of drafting.",
"Yes, because these are business communications, not legal advice from the lawyer to the client.",
"No, because these are internal communications are between corporate manage... | MPRE | 1 | 308 | Attorney Stevenson works in-house as General Counsel for Conglomerate Corporation. Conglomerate’s Chief Financial Officer (CFO) resigned suddenly. Due to his background in corporate finance and economics, Conglomerate’s Board of Directors asked Attorney Stevenson to serve temporarily as the acting Chief Financial Offic... | |
The court should compel disclosure because attorney-client privilege normally does not apply in disputes between trustees and beneficiaries. | [
"The court should compel disclosure because it was improper for the same attorney to draft the trust document giving the trustee discretion about disbursements, and then serve as the trustee himself.",
"The court should compel disclosure because attorney-client privilege normally does not apply in disputes betwee... | MPRE | 1 | 309 | An attorney handled the estate planning for an elderly client, which included the creation of a spendthrift trust, with the client’s grandchildren as the beneficiaries. The trust document stipulated that disbursements to the beneficiaries were discretionary until they reach the age of 25. The client has now died, and t... | |
Yes, given these facts, the crime-fraud exception to attorney-client privilege would potentially apply. | [
"Yes, given these facts, the crime-fraud exception to attorney-client privilege would potentially apply.",
"Yes, because attorney-client privilege normally does not apply in criminal prosecutions.",
"No, the crime-fraud exception to attorney-client privilege in this case would mean that the conversation was not... | MPRE | 0 | 310 | Walter White conferred confidentially with his attorney, Saul Goodman, about how to resolve a specific legal problem. Attorney Goodman suggested shredding documents and hiring some thugs to beat up the other party in the matter, leaving them with a warning to stay away from Walter White. White, the client, proceeds wit... | |
Yes, because the public relations firm is not the client. | [
"Yes, because the public relations firm is not the client.",
"Yes, because attorney-client privilege would apply only to discussions at the meeting, not to the PowerPoint slides, which anyone could forward to individuals who were not at the private meeting",
"No, because the communication was private, between a... | MPRE | 0 | 311 | Conglomerate Corporation’s recent litigation has received unfavorable media attention, so the corporate directors have hired a public relations firm (Afflatus, Inc.) to handle media relations and help boost the company’s image. The directors have also asked their attorney, who is handling their litigation, to meet with... | |
No, because the statements are communications protected by the attorney-client privilege. | [
"Yes, because Conglomerate Corporation is a party to the case.",
"Yes, because the statements are relevant to material issues in the litigation.",
"No, because the statements are communications protected by the attorney-client privilege.",
"No, because the statements are protected work product, and no excepti... | MPRE | 2 | 312 | Conglomerate Corporation had an accident occur at one of its chemical manufacturing facilities – a large explosion killed several workers and injured many others. Soon after the incident, at the behest of Conglomerate’s corporate managers, the general counsel obtained statements from employees and other witnesses about... | |
The attorney’s report to the CEO would remain privileged notwithstanding that CEO shared it with the purchasing manager. | [
"The purchasing manager can decide whether to keep or waive privilege at this point.",
"The attorney’s report remains privileged if Conglomerate was already anticipating litigation over the contract with Supplier, but not if litigation was not a concern at the time.",
"The CEO indeed waived privilege for the at... | MPRE | 3 | 313 | An attorney represented Conglomerate Corporation, and she made a confidential report to Conglomerate’s CEO, describing Conglomerate’s contractual relationship with Supplier Systems, a large vendor. The attorney advised the CEO that Conglomerate could terminate its contract with Supplier without facing any liability. Th... | |
No, the officer cannot assert privilege because he was not a client of the attorney in the representation. | [
"Yes, because the officer spoke as the legal agent of Conglomerate in a confidential conversation with Conglomerate’s attorney about legal matters of the corporation.",
"Yes, because trustees in bankruptcy cannot waive privilege retroactively on behalf of the Corporation and its directors for conversations that o... | MPRE | 3 | 314 | An attorney represented Conglomerate Corporation. An officer of Conglomerate Corporation communicated in confidence with the attorney about deals between Conglomerate and one of its creditors, Big Bank. Conglomerate later declared bankruptcy, and the court appointed a in bankruptcy for Conglomerate. Then the attorney b... | |
Yes, the crime-fraud exception renders nonprivileged the communications between the client and the attorney, including identification of the client’s confederates. | [
"Yes, the crime-fraud exception renders nonprivileged the communications between the client and the attorney, including identification of the client’s confederates.",
"Yes, because the other members of the cartel are not clients of the attorney.",
"No, the conversation was a confidential communication between a... | MPRE | 0 | 315 | An attorney’s client was a member of a drug cartel that imported and distributed illegal narcotics. The client promised the other cartel members that the client would provide anyone in the cartel with legal representation whenever the need arose. The client then offered the attorney a generous monthly retainer if the a... | |
Yes, privilege covers the confidential communications between the attorney and the client regarding the indictment for theft and possession. | [
"Yes, privilege covers all communications between an attorney and a client.",
"Yes, privilege covers the confidential communications between the attorney and the client regarding the indictment for theft and possession.",
"No, the crime-fraud exception defeats attorneyclient privilege if the crime is still ongo... | MPRE | 1 | 316 | A client consults an attorney about the client’s indictment for the crimes of theft and unlawful possession of stolen goods. Applicable law treats possession of stolen goods as a continuing offense. The client is still hiding the stolen items in a secret place. The prosecutor then tries to subpoena the attorney to test... | |
No, the crime-fraud exception defeats attorneyclient privilege for this conversation, as the crime is still ongoing. | [
"Yes, privilege covers all communications between an attorney and a client.",
"Yes, privilege covers the confidential communications between the attorney and the client.",
"No, the crime-fraud exception defeats attorneyclient privilege for this conversation, as the crime is still ongoing.",
"No, attorney-clie... | MPRE | 2 | 317 | A client consults an attorney about the client’s indictment for the crimes of theft and unlawful possession of stolen goods. Applicable law treats possession of stolen goods as a continuing offense. The client is still hiding the stolen items in a secret place, and the client asks the attorney about in which client can... | |
Yes, confidential communications about ways in which Client might lawfully return the stolen goods to their owner are privileged. | [
"Yes, privilege covers all communications between an attorney and a client.",
"Yes, confidential communications about ways in which Client might lawfully return the stolen goods to their owner are privileged.",
"No, the crime-fraud exception defeats attorneyclient privilege for this conversation, as the crime i... | MPRE | 1 | 318 | A client consults an attorney about the client’s indictment for the crimes of theft and unlawful possession of stolen goods. Applicable law treats possession of stolen goods as a continuing offense. The client is still hiding the stolen items in a secret place, and the client asks the attorney about how the client migh... | |
The fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United States and the Indian tribes. | [
"The fiduciary exception to privilege does not apply to trusts, so compelled production is appropriate.",
"The court should give more weight to the position of a governmental entity as a party when resolving disputes over privilege.",
"The fiduciary exception applies to situations in which the federal governmen... | MPRE | 3 | 319 | A federally-recognized tribe of Native Americans, the Jicarilla Apache Nation, brought an action against the Department of the Interior for mismanagement of tribal trust funds, in violation of federal statutes. During discovery, the plaintiffs requested production of certain government documents, but the government had... | |
anticipation of litigation applies to almost any legal work performed for a client, because litigation could eventually arise over any contract, will, or property disposition | [
"anticipation of litigation applies to almost any legal work performed for a client, because litigation could eventually arise over any contract, will, or property disposition",
"the materials normally must be documents or tangible things",
"the materials must be prepared in anticipation of litigation or for tr... | MPRE | 0 | 320 | Which of the following is NOT one of the elements of the work product doctrine? | |
Both the lawyer's memorandum analyzing the contract form and the lawyer's debriefing memorandum were prepared in anticipation of litigation, because a grand jury proceeding is itself litigation. | [
"The memorandum analyzing the contract is work product, but not the memorandum summarizing the employee statements.",
"The memorandum summarizing the employee statements is work product, but not the memorandum analyzing the contract.",
"Both the lawyer's memorandum analyzing the contract form and the lawyer's d... | MPRE | 2 | 321 | Prosecutors from the Department of Justice (DOJ) began an antitrust investigation into Conglomerate Corporation, and the DOJ began questioning some of Conglomerate's business customers. Conglomerate’s attorney prepared a memorandum analyzing the antitrust implications of Conglomerate's standard contract form with comme... | |
Yes, this situation falls under the need-andhardship exception to the work product doctrine. | [
"Yes, this situation falls under the need-andhardship exception to the work product doctrine.",
"Yes, because the witness statements are only facts, not the attorney’s own thoughts.",
"No, because the memorandum is attorney work product.",
"No, because the witnesses are still available to testify, even if the... | MPRE | 0 | 322 | The law school casebook industry was heavily consolidated. Several witnesses testified before a grand jury investigating this specialized publishing industry. Shortly afterward, an attorney for East Publishing Company debriefed the witnesses and wrote memoranda of those interviews in anticipation of the potential indic... | |
No, when the attorney chose to ask the teller questions with direct reference to the memorandum, it waived work-product immunity for the portion of the memorandum discussing the teller's story, and any other parts of the document that are necessary to place all the testimony fairly into context. | [
"Yes, if the attorney prepared the document in anticipation of litigation, the memorandum is work product and is not subject to discovery or compelled disclosure.",
"Yes, disclosure would violate the criminal defendant’s right to confront witnesses, guaranteed in the Confrontation Clause of the Sixth Amendment, a... | MPRE | 2 | 323 | A defendant accused of bank robbery hired an attorney. The attorney interviewed a bank teller, who witnessed the robbery. The attorney memorialized the conversation in a written memorandum that qualified as work product. Later, during the trial, the same teller testified for the prosecution, and the attorney cross-exam... | |
Both Giant Company and the DOJ (government) may properly assert Giant’s work-product protection for the documents, under the common-interest doctrine. | [
"Only Giant Company but not the DOJ (government) may properly assert Giant’s work-product protection for the documents.",
"Only the DOJ but not Giant Company may properly assert Giant’s work-product protection for the documents.",
"Neither Both Giant Company and the DOJ (government) may properly assert Giant’s ... | MPRE | 3 | 324 | The DOJ brought an antitrust suit against Conglomerate Corporation. Giant Company separately sued Conglomerate, mostly alleging the same facts that the DOJ had alleged in its case, and Giant sought parallel relief. An attorney for Giant Company showed the DOJ lawyers some documents that constituted part of the attorney... | |
No, because the attorney prepared the witness statements on behalf of the plaintiff in anticipation of the litigation. | [
"Yes, the witnesses themselves have a right to assert protection from disclosure of their statements, but not the attorney.",
"Yes, witness statements contain only factual information, and underlying facts do not come under the protection of the work-product doctrine.",
"No, lawyers may not discover any materia... | MPRE | 3 | 325 | An attorney had many years of experience in handling personal injury litigation, and in a certain case, the attorney represented a plaintiff in litigation over injuries sustained in a car accident. In preparation for trial, the attorney interviewed each of the eyewitnesses of the accident, and afterward wrote a memoran... | |
The court should deny the motion because the photos depict a completely different staircase than the one that caused the accident, so they are no more helpful than photos the plaintiff could take now. | [
"The court should deny the motion because the photos depict a completely different staircase than the one that caused the accident, so they are no more helpful than photos the plaintiff could take now.",
"The court should compel production of the photographs because there is no other way for the plaintiff to esta... | MPRE | 0 | 326 | An attorney agreed to represent a plaintiff who sustained serious injuries three months earlier when she fell through a defective staircase on the defendant’s premises. Her hospitalization after the incident prevented the plaintiff from securing legal representation for twelve weeks. The attorney filed a personal injur... | |
The court should deny discovery because the work product doctrine protects the information from disclosure. | [
"The court should compel discovery because the presence of third parties negated to confidentiality requirement for privilege.",
"The court should deny the request and not force the attorney to violate the ethical duty of confidentiality.",
"The court should first determine whether the discussions pertained pri... | MPRE | 3 | 327 | An attorney represented a client in litigation. During the discovery phase of the matter, the opposing party sought to discover communications from a meeting that the attorney had previously organized to prepare for the case. The attorney, an accountant, certain interested creditors, and the bankruptcy liquidation comm... | |
The court should compel production of the photographs because there is no other way for the plaintiff to establish the condition of the staircase at the time of the accident. | [
"The court should compel production of the photographs because there is no other way for the plaintiff to establish the condition of the staircase at the time of the accident.",
"The court should compel production of the photographs because the images themselves do not constitute attorney work product, as they co... | MPRE | 0 | 328 | An attorney agreed to represent a plaintiff who sustained serious injuries three months earlier when she fell through a defective staircase on the defendant’s premises. Her hospitalization after the incident prevented the plaintiff from securing legal representation for twelve weeks. The attorney filed a personal injur... | |
The attorney’s notes would come under the protection of the attorney’s duty of confidentiality but not the work product doctrine. | [
"The attorney’s notes would come under the protection of the attorney’s duty of confidentiality but not the work product doctrine.",
"The attorney’s notes would come under the protection of attorney-client privilege and the work product doctrine.",
"The attorney’s notes would come under the protection of the at... | MPRE | 0 | 329 | An attorney had a series of private meetings with a client about incorporating the client’s new business venture as an LLC. The attorney kept careful notes of these discussions. Which of the following is true regarding these notes about the conversations between the attorney and the client? | |
The need and hardship exception. | [
"The client’s friend had been present during the conversations.",
"The representation pertained to anticipated litigation that seemed immediate at the time.",
"The client had recounted the conversations to a friend immediately afterward.",
"The need and hardship exception."
] | MPRE | 3 | 330 | An attorney had a series of private meetings with a client about the subject matter of the representation. The attorney kept careful notes of these discussions, along with the attorney’s reflections and concerns. Sometime later, an opposing party in litigation moved to compel production of these notes. Which of the fol... | |
The client’s friend had been present during the conversations. | [
"The representation pertained to anticipated litigation that seemed immediate at the time.",
"The notes are written documents rather than the attorney’s mental recollections of the meetings.",
"The need and hardship exception.",
"The client’s friend had been present during the conversations."
] | MPRE | 3 | 331 | An attorney had a series of private meetings with a client about the subject matter of the representation. The attorney kept careful notes of these discussions. Sometime later, an opposing party in litigation moved to compel production of these notes. Which of the following is most likely to be a reason that the attorn... | |
The representation pertained to an employee manual that the attorney was drafting for the client’s business. | [
"The client’s friend had been present during the conversations.",
"The client had recounted the conversations to a group of friends immediately afterward.",
"The attorney’s firm had an unexpected data breach, despite the firm’s updated firewalls and password protection, and the breach allowed an unknown hacker ... | MPRE | 3 | 332 | An attorney had a series of private meetings with a client about the subject matter of the representation. The attorney kept careful notes of these discussions, along with some of the attorney’s reflections and ideas. Sometime later, an opposing party in litigation moved to compel production of these notes. Which of th... | |
A client who has a history of being extraordinarily litigious | [
"An outside event certain to generate litigation",
"An adversarial party’s explicit threat",
"In some circumstances, a corporate client’s own internal actions gearing up to sue an industry rival",
"A client who has a history of being extraordinarily litigious"
] | MPRE | 3 | 333 | For purposes of attorney work product protection, which of the following is NOT likely to create an objectively and subjectively reasonable “anticipation” of litigation: | |
No, lawyers having comparable managerial authority in a government agency must make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the agency or department conform to the Rules of Professional Conduct. | [
"Yes, even though the Model Rules state that lawyers in supervisory positions can be subject to discipline for the ethical violations of their subordinates, these rules contain an explicit exemption for government agencies.",
"Yes, because all the lawyers in the Division were competent and experienced, and it was... | MPRE | 2 | 334 | An attorney served as the director of the Environmental Enforcement Division of the state Attorney General’s office, which brought legal actions against polluters in the state. The Attorney General’s Office hired only lawyers with three years’ experience or more – they never hired new law school graduates. In the Envir... | |
Yes, partners and others in a supervisory role at a firm are responsible to monitor the workload of their subordinate attorneys. | [
"Yes, the partners at a firm have strict liability for ethical violations of their associates or subordinates.",
"Yes, partners and others in a supervisory role at a firm are responsible to monitor the workload of their subordinate attorneys.",
"No, overlooking a case while conducting research does not constitu... | MPRE | 1 | 335 | An associate worked at Big Firm. Even though she had only recently graduated from law school, the associate had earned the respect of the partners at the firm, and she was involved in several projects for multiple lawyers and clients. Overwhelmed with looming deadlines on multiple matters, she realized that she could n... | |
Yes, the supervising attorney had a duty to take affirmative steps to correct the misapprehension of the other party, sometime before the consummation of the purchase. | [
"Yes, the supervising attorney had a duty during the conversation in which the misrepresentation occurred to correct the associate in front of the opposing party.",
"Yes, the supervising attorney had a duty to take affirmative steps to correct the misapprehension of the other party, sometime before the consummati... | MPRE | 1 | 336 | A certain attorney worked at Big Firm, and she was supervising a new associate lawyer there. During a negotiation for the sale of a company, in which Big Firm represented the seller, the associate informed the buyer’s lawyers that certain assets of the company had no liens or other encumbrances on them, and that she ha... | |
No, an attorney having direct supervisory authority over another lawyer must make reasonable efforts to ensure that the other lawyer conforms to the ethical rules, even apart from the supervising attorney directing, ratifying, or even knowing about a specific violation. | [
"Yes, because the Model Rules require actual knowledge of a subordinate’s ethical violations to trigger disciplinary liability for the supervising attorneys.",
"Yes, the Model Rules require actual knowledge of the violations to trigger a duty to report the violations of another lawyer in one’s firm.",
"No, an a... | MPRE | 2 | 337 | An attorney had supervisory responsibilities for a new lawyer at her firm, but she had her own cases and clients to handle. It was a busy season for the firm, so the attorney did not check on the associate herself, but she would take time to answer questions if the associate approached her. The associate needed more ov... | |
No, because a series of reversed convictions over Brady violations from the same office indicates a lack of training or supervision regarding the ethical duties of prosecutors. | [
"Yes, the Model Rules impose an ethical duty of disclosure on prosecutors only for exculpatory evidence that is “clear and convincing,” so a Brady reversal does not necessarily indicate an ethical violation by the prosecutor in the case.",
"Yes, the remedy for Brady violations is for the court to impose direct sa... | MPRE | 2 | 338 | An attorney was the District Attorney for a local prosecutor’s office, and she had several subordinate lawyers working under her authority and oversight. This office had a series of appeals from defendants they prosecuted, and in several cases, the appellate courts reversed the convictions over Brady violations, that i... | |
Yes, even if a lawyer is not a partner or other general manager, she directly supervises the work of the other lawyer as lead prosecutor in this proceeding. | [
"Yes, all the lawyers working together on a case are responsible for the actions of the others regarding their conduct related to that matter.",
"Yes, even if a lawyer is not a partner or other general manager, she directly supervises the work of the other lawyer as lead prosecutor in this proceeding.",
"No, or... | MPRE | 1 | 339 | An attorney worked as an entry-level prosecutor. She did not have a supervisory position or title in her office hierarchy, but merely worked on her assigned cases under the direction and oversight of the higher-ranked lawyers in the office. On one occasion, however, a case arose involving an issue that was important to... | |
No, the attorney had a duty to research the issue himself and would have discovered that the fees were clearly illegal and unreasonable. | [
"Yes, a subordinate lawyer does not violate the ethical rules when acting upon a partner’s reasonable resolution of an arguable question of professional duty.",
"Yes, because the attorney raised his concerns with the partner, who agreed to investigate the issue, so the attorney should wait until the partner has t... | MPRE | 2 | 340 | An insurance company routinely hired outside counsel to represent its policyholders in litigation under liability policy. An inexperienced attorney worked for the firm. The firm’s partners charged the policyholders fees for the representation even though the insurer was already paying their legal fees; this and other a... | |
Yes, regardless of the directions the attorney received from the partner at Big Firm or from the client, he is subject to discipline for failing to disclose a material fact to a tribunal when disclosure was necessary to avoid assisting a criminal or fraudulent act by a client. | [
"Yes, because the attorney had a duty to consult with the friend who was the named defendant in the case before negotiating the terms of the dismissal with the prosecutor.",
"Yes, regardless of the directions the attorney received from the partner at Big Firm or from the client, he is subject to discipline for fa... | MPRE | 1 | 341 | An attorney had recently graduated from law school and entered the practice of law. After a federal clerkship, he went to work for Big Firm, which paid the highest associates’ salaries in the state. A partner at Big Firm gave the attorney an assignment to represent the teenage daughter of one Big Firm’s most important ... | |
No, a contract lawyer has a duty to comply with the requirements of the Rules of Professional Conduct, notwithstanding that the lawyer acted at the direction of another person. | [
"Yes, because she is not an employee of the firm and therefore cannot control how the firm uses her legal work product.",
"Yes, if her contract with the firm includes a provision in which the firm takes full responsibility for misconduct, malpractice, or ethical violations.",
"No, a contract lawyer has a duty t... | MPRE | 2 | 342 | An attorney works exclusively as a contract lawyer for other firms that need extra help for big cases, whether in pre-trial document review or in background research and writing of briefs. She has no direct contact with the clients of these firms, and she does not participate in important decisions about any of the mat... | |
Yes, regardless of the directions of her superiors or her inexperience, she had a duty not to bring a frivolous proceeding or assert a frivolous issue in litigation. | [
"Yes, because she had no trial experience and knew she could not have handled a complex racketeering case competently.",
"Yes, regardless of the directions of her superiors or her inexperience, she had a duty not to bring a frivolous proceeding or assert a frivolous issue in litigation.",
"No, because a lawyer ... | MPRE | 1 | 343 | An attorney who had only recently graduated from law school, and she received a job offer from a newly-elected County Attorney, after volunteering for his campaign. The new attorney did not directly handle cases but assisted trial lawyers with clerical work and non-legal tasks, such as creating public service announcem... | |
Yes, even though he was unaware of the violation at the time, the attorney ratified the summer associate’s conduct after he learned about it. | [
"Yes, because lawyers are automatically liable for the misconduct of nonlawyer employees at their firm; the lawyer had an affirmative duty to find the case himself and disclose it.",
"Yes, even though he was unaware of the violation at the time, the attorney ratified the summer associate’s conduct after he learne... | MPRE | 1 | 344 | An attorney works for a mid-size law firm that employs two or three law students every year as summer associates. The manager of the student associates assigns one of them to work on the attorney’s pending antitrust case, in addition to assignments for other lawyers at the firm. While researching a central issue in the... | |
Yes, because he was negligent in the hiring and supervision of nonlawyer employees. | [
"Yes, because he was negligent in the hiring and supervision of nonlawyer employees.",
"Yes, because lawyers face strict liability (automatic responsibility) for misappropriations of client trust funds.",
"No, because it is implausible that the attorney could have known about the arrest record of someone merely... | MPRE | 0 | 345 | An attorney hired Receptionist because of her good looks and because her brother was in the attorney’s college fraternity, but he did not check into her background at all or ask for references. Receptionist had access to all files, records, and accounts in the firm, and three months later, there arose a problem with fu... | |
No, because the attorney is not a partner nor in a comparable managerial position to implement such measures, nor does it appear that the paralegal was under the attorney’s direct supervision | [
"Yes, because any attorney with enough seniority to attend firm business meetings with the partners has shared responsibility to ensure that measures are in effect to keep the paralegals in compliance with the rules.",
"No, because the attorney is not a partner nor in a comparable managerial position to implement... | MPRE | 1 | 346 | A certain attorney is a fifth-year associate at a large national law firm. As a senior associate, the attorney can attend business meetings of the firm, but cannot vote on any decisions. The attorney is aware that the firm has no measures in effect that would give reasonable assurance that the paralegals are observing ... | |
Yes, because the attorney did not make reasonable efforts to ensure that the legal assistant’s conduct was compatible with the professional obligations of a lawyer. | [
"Yes, because the attorney must manage all client trust accounts personally and cannot delegate such matters to support staff at the firm.",
"Yes, because the attorney did not make reasonable efforts to ensure that the legal assistant’s conduct was compatible with the professional obligations of a lawyer.",
"No... | MPRE | 1 | 347 | An attorney employs an experienced legal assistant to manage administrative matters in the firm, including the client trust accounts. The attorney provided the legal assistant with detailed instructions about client trust accounts, including the specific kinds of records to keep, what funds to deposit there, and under ... | |
$727,500, for the attorney’s share of the firm's assets, his of uncollected fees, and the death benefit | [
"Only the $210,000 for the attorney’s share of the firm's assets.",
"$727,500, for the attorney’s share of the firm's assets, his of uncollected fees, and the death benefit",
"Only $17,500 for the attorney’s uncollected fees.",
"Only $500,000 for the death benefit, as death benefits come under a special excep... | MPRE | 1 | 348 | An attorney was part of a partnership before he died. He left his nephew as his sole heir. The partnership agreement, as written, provides that the firm should pay the certain amounts to the nephew. Those amounts are $210,000, for the attorney’s share of the firm's assets; a $500,000 death benefit, provided for all sha... | |
No, the arrangement constitutes an improper sharing of fees with a nonlawyer. | [
"Yes, because Cooper is merely recommending the firm to individuals he meets while conducting his ministry activities.",
"Yes, because Cooper is doing recruiting clients as an employee of the firm, under the direct supervision of Attorney Barrett.",
"No, the arrangement constitutes an improper sharing of fees w... | MPRE | 2 | 349 | Attorney Barrett was the managing partner at a small law firm. Barrett hired Cooper, an ordained minister who had been unemployed, as a legal assistant at the firm. Cooper’s main job at the firm, however, was to bring in new clients. Cooper received a minimum-wage base salary, but also received large bonuses for bringi... | |
It is proper for Big Firm to pay the placement fee to the agency, to pass the fees through to the clients, and to pay the attorney’s hourly rate out of the fees it receives from clients. | [
"It is proper for Big Firm to pay the placement fee to the agency, to pass the fees through to the clients, and to pay the attorney’s hourly rate out of the fees it receives from clients.",
"It is proper for Big Firm to hire the attorney on an hourly, short-term contract basis and to pass his fees through to the ... | MPRE | 0 | 350 | An attorney could not find a full-time job after law school, so instead he works on a contract basis for other firms. The attorney also signs up with a legal temp-work agency, a company owned by nonlawyers that places lawyers in temporary assignments at law firms that need an extra associate on a short-term basis. Law ... | |
Yes, because it is the payment of money over a reasonable period after the lawyer’s death to a specified person. | [
"Yes, because it is the payment of money over a reasonable period after the lawyer’s death to a specified person.",
"Yes, because the Contracts Clause of the Constitution guarantees the freedom of contract, so lawyers and firms can make whatever compensation arrangements they want.",
"No, because the sister is ... | MPRE | 0 | 351 | After a long, distinguished career as a solo practitioner in a major city, an elderly attorney agrees to join a newer law firm on the condition that the firm would pay $1000 per month after the attorney’s death to his sister, who is 74 years old, until her death. The attorney’s sister is not a lawyer. The firm agrees t... | |
No, because an attorney purchasing the firm of a deceased lawyer may pay the executor the agreed-upon purchase price. | [
"Yes, because the attorney is sharing legal fees with a nonlawyer, the executor.",
"Yes, because the funds for the purchase came from a contingent-fee case.",
"No, because an attorney purchasing the firm of a deceased lawyer may pay the executor the agreed-upon purchase price.",
"No, because even a nonlawyer ... | MPRE | 2 | 352 | An attorney agrees to buy the successful law firm of a fellow lawyer who recently succumbed to terminal cancer. The sale includes the office building, the library and furnishings, and the good will of the firm, and conforms to the provisions of Rule 1.17. The purchasing attorney pays $100,000, the agreed-upon purchase ... | |
They may provide, as stated, that when a shareholder dies, a fiduciary representative of the estate may hold stock in the corporation for a reasonable time during administration of the estate before cashing out the shares and transferring the funds to the heirs. | [
"They may incorporate their law practice and convey an interest in the corporation to their heirs, such as spouses or children.",
"They may stipulate that the corporation will hold all funds in a single operating account, and thereby avoid holding client funds in separate IOLTA accounts.",
"They may provide, as... | MPRE | 2 | 353 | Three law partners have decided to incorporate their firm instead of continuing as a partnership, as their malpractice insurer has offered them a lower rate on their premiums if they incorporate and thereby reduce some of their joint liability. They also want to make a clearer track for associates to become shareholder... | |
Yes, because a lawyer may share court-awarded legal fees with a nonprofit organization that retains the lawyer in a matter. | [
"No, because a lawyer or law firm shall not share legal fees with a nonlawyer.",
"No, because the award of legal fees to a church violates the separation of church and state, and a lawyer is under oath to uphold the Constitution.",
"Yes, because a lawyer may share court-awarded legal fees with a nonprofit organ... | MPRE | 2 | 354 | A church retains an attorney to challenge a new zoning regulation that would prohibit the church from constructing a new, expanded sanctuary on its property, attached to the existing church. The church cannot afford to pay the attorney, and it is seeking only a declaratory judgment (that the regulation is invalid) rath... | |
The attorney could be subject to discipline for the unauthorized practice of law in this southern state. | [
"The attorney’s conduct is proper, because she is merely providing services authorized by federal law, which preempts state licensing requirements.",
"The attorney’s conduct is proper because she has specialized in immigration law, which is entirely federal and involves no questions of state law.",
"The attorne... | MPRE | 2 | 355 | An attorney is a licensed lawyer in a New England state, but has an office and represents clients exclusively in a southern state. The attorney confines her practice to immigration law, representing foreign-born clients in immigration hearings. A relevant federal statute permits nonlawyers to appear as representatives ... | |
No, because the letterhead reveals that the wife is aiding her husband in the unauthorized practice of law. | [
"Yes, because Puerto Ricans are U.S. Citizens, and they both attended an American law school.",
"Yes, because the husband confines his practice to Puerto Rican immigrants and visitors, whom he would be able to represent if they were back in Puerto Rico.",
"No, because the letterhead reveals that the wife is aid... | MPRE | 2 | 356 | A husband and wife are both attorneys in Puerto Rico, though they attended law school in Florida. They have practiced in Puerto Rico for ten years and have a license to practice there. Last year, they moved to Florida, where the wife took the state bar exam and gained admission to the Florida bar. They have now opened ... | |
Both the attorney and her supervising lawyer are subject to discipline because she is on inactive status in her home state but is soliciting clients and handling their matters there regularly. | [
"The attorney is subject to discipline for practicing law in her home state while on inactive status, but her supervising lawyer is not subject to discipline because she had a license to practice in that state when he hired her.",
"Neither the attorney nor her supervising lawyer would be subject to discipline, be... | MPRE | 3 | 357 | An attorney obtained a license to practice law in the state where she attended law school. After a few years, the attorney took a job in a neighboring state, moved there, and obtained a license to practice law in her new state. She kept her original license, in her former state, but went on inactive status there to avo... | |
It was improper for the attorney to fail to disclose to the client that he was unlicensed in the other state and would need to file a pro hac vice appearance, especially given that the matter required some knowledge of local laws. | [
"The attorney is subject to discipline for accepting a contingent fee in a proceeding in another state where the attorney does not have a license to practice law.",
"The attorney’s conduct was proper, as the court accepted the pro hac vice appearance, and it made no difference to the client whether the attorney h... | MPRE | 3 | 358 | A client retains his attorney, who has represented the client in the past, to represent him in litigation in another state, where the attorney is unlicensed. The matter requires some knowledge of the law of the state where the trial will occur. His attorney files a pro hac vice appearance in the matter, which the local... | |
Yes, because the attorney is merely facilitating the collection agency in the unauthorized practice of law. | [
"Yes, because the letter contains a specific threat of litigation and the facts do not specify whether the attorney will indeed follow through and file any claims in court.",
"No, because the collection agency has other owners besides the attorney, so it is not necessarily his responsibility to supervise the empl... | MPRE | 3 | 359 | An attorney is a joint-owner of a collection agency. Whenever the agency’s initial efforts to collect prove unsuccessful, the staff at the agency sends the delinquent debtor a demand letter on the attorney’s law firm letterhead, threatening to commence litigation if the matter does not reach a resolution within 30 days... | |
Reaching settlement agreements with insurance companies before the attorney indeed files any lawsuit in the matter. | [
"Conducting online legal research and writing research memoranda.",
"Drafting a customized retainer agreement for the attorney to use with clients pursuing claims against a government agency",
"Interviewing accident witnesses and potential character witnesses; and asking them to certify the accuracy of the stud... | MPRE | 3 | 360 | An attorney hired a second-year law student as a clerk. The law student is unlicensed. The attorney has the law student perform a variety of tasks. Which of the following tasks, if performed by the law student, would mean that the attorney is subject to discipline? | |
Yes, the clients are coming to the attorney in her office in the state where she has a license to practice law. | [
"Yes, the clients are coming to the attorney in her office in the state where she has a license to practice law.",
"Yes, the Supreme Court has held that the privileges and immunities clause should permit lawyers to practice across state lines.",
"No, the attorney is unlicensed in State Y, so she should not advi... | MPRE | 0 | 361 | An experienced attorney has an office in State X, and she is duly licensed to practice law in that state. The attorney’s office is in a city on the border of State Y, and the attorney does not have a license to practice there. Over the years, some of the attorney’s clients have in fact been residents of State Y, and th... | |
It is impermissible because she does not have a license to practice in State Y and she has established an office or other systematic and continuous presence in this jurisdiction for the practice of law. | [
"It is permissible because she is doing so primarily for the convenience of clients whom she is already representing in the state where she has a law license.",
"It is impermissible because she does not have a license to practice in State Y and she has established an office or other systematic and continuous pres... | MPRE | 1 | 362 | An experienced attorney has an office in State X, and she is duly licensed to practice law in that state. The attorney’s office is in a city on the border of State Y, and the attorney does not have a license to practice there. Over the years, some of the attorney’s clients have in fact been residents of State Y, and th... | |
It is permissible because the legal issues arise out of or relate closely to the attorney’s practice in a jurisdiction in which the lawyer is admitted to practice. | [
"It is impermissible because the attorney is practicing law without a license in State Y.",
"It is impermissible because if the attorney represents one client in some matters in State Y, she must be available to represent any other within State Y who have the same legal issues there.",
"It is permissible becaus... | MPRE | 2 | 363 | An experienced attorney has an office in State X, and she is duly licensed to practice law in that state. The attorney’s office is in a city on the border of State Y, and the attorney does not have a license to practice there. The attorney represents a regulated utility, which operates a power plant in State X near the... | |
It is permissible because the legal issues arise out of or relate to the attorney’s practice in a jurisdiction in which the lawyer has a license to practice. | [
"It is impermissible because if the attorney represents one client in some matters in State Y, she must be available to represent any other within State Y who have the same legal issues there.",
"It is impermissible because the attorney is practicing law without a license in State Y.",
"It is permissible becaus... | MPRE | 3 | 364 | An experienced attorney has an office in State X, and she is duly licensed to practice law in that state. The attorney’s office is in a city on the border of State Y, and the attorney does not have a license to practice there. The attorney represents a regulated utility, which operates a power plant in State X near the... | |
Yes, because the rule against restrictions on the right to practice does not apply to the sale of a law practice. | [
"Yes, because the rule against restrictions on the right to practice does not apply to the sale of a law practice.",
"No, because a lawyer shall not participate in offering or making an agreement that restricts the right of a lawyer to practice.",
"No, because a lawyer shall not participate in offering or makin... | MPRE | 0 | 365 | An attorney wants to retire from practice due to a chronic illness, and he decides to sell his practice to another lawyer. The sale agreement complies with the Model Rules regarding the sale of a law practice. As part of the sale agreement, however, the attorney stipulates that he will not resume the practice of law in... | |
Yes, because the rule against restrictions on the right to practice have an exception for agreements concerning benefits upon retirement. | [
"No, because prohibiting a lawyer from practicing after retiring from the firm is a restriction on the right of the lawyer to practice, in violation of the Model Rules.",
"No, because the intent is to keep the attorney from “poaching” clients, and thus limits the freedom of clients to choose a lawyer.",
"Yes, b... | MPRE | 3 | 366 | An attorney agrees to join a new firm as one of its shareholders, and to merge his practice with that of the new firm. The shareholder agreement includes a provision that if the attorney retires from the firm and begins collecting the firm’s retirement benefits, he cannot practice law with another firm, government enti... | |
Yes, because the attorney has entered into an employment agreement that restricts his right to represent future clients who sue Big Bank or whom Big Bank sues. | [
"Yes, because the attorney has entered into an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.",
"Yes, because the attorney has entered into an employment agreement that restricts his right to represent future clients who sue Big Bank or whom B... | MPRE | 1 | 367 | Big Bank hires outside counsel to handle its mortgage foreclosure cases against borrowers who are in default. An attorney agrees to handle a matter for Big Bank, but the engagement contract between the attorney and Big Bank specifies that the attorney may not represent clients in the future who have adversarial claims ... | |
No, because an attorney must not make an agreement restricting the attorney’s right to practice. | [
"Yes, because the attorney has a fiduciary duty to consider the client’s best interests before the personal interests of the attorney or the attorney’s potential future clients.",
"Yes, because the bank is the party to the contract that includes the provision in question, not the attorney.",
"No, because an att... | MPRE | 2 | 368 | An attorney specializes in helping his business clients obtain business loans from commercial lenders. While assisting one client in obtaining an unusually large commercial loan from Big Bank, the attorney noticed a clause in the loan contract by which the borrower promised that its attorney would not seek to obtain si... | |
No, because this agreement impermissibly restrains the attorney’s right to practice. | [
"Yes, even though the OCG provision goes beyond the requirements of the Model Rules for conflicts screening, lawyers may contractually agree to such limitations on their practice.",
"Yes, because the OCG provision merely reflects the duties already imposed on lawyers by the Model Rules of Professional Conduct and... | MPRE | 2 | 369 | Big Bank routinely hired lawyers as outside counsel on various matters, and it required each one to sign an Outside Counsel Agreement (OCG) as part of its contract of engagement for legal representation. Big Bank’s OCG included the following provision: Notwithstanding the rules and opinions set forth in ABA or state et... | |
Yes, because the OCG provision creates an impermissible restraint on the attorney’s right to practice law. | [
"Yes, because the OCG provision creates an impermissible restraint on the attorney’s right to practice law.",
"Yes, because attorneys may not enter into any OCG agreements when serving as outside counsel.",
"No, because lawyers are free to include contractual obligations to their clients that go beyond the norm... | MPRE | 0 | 370 | Conglomerate Corporation routinely hires outside counsel for representation on legal matters, and it requires the lawyers to sign an Outside Counsel Agreement (OCG) that contains the following provision: ATTORNEY agrees not to represent any party adverse to CONGLOMERATE CORP., or any entity in the APPENDIX, without pri... | |
No, because this agreement impermissibly restrains the attorney’s right to practice. | [
"Yes, even though the OCG provision goes beyond the requirements of the Model Rules for conflicts screening, lawyers may contractually agree to such limitations on their practice.",
"Yes, because the OCG provision merely reflects the duties already imposed on lawyers by the Model Rules of Professional Conduct and... | MPRE | 3 | 371 | Conglomerate Corporation offered to hire an attorney as outside counsel for a specific legal matter. Conglomerate’s OCG (outside counsel agreement) with all outside lawyers it hires includes the following provision: ATTORNEY agrees that it would constitute an impermissible conflict of interest to represent a significan... | |
No, the agreement places an impermissible restriction on the attorney’s ability to practice law, and it goes beyond the constraints of the conflict of interest rules. | [
"Yes, because the agreement could be binding as a matter of contract law, even if it somehow violated the Model Rules of Professional Conduct.",
"Yes, because the agreement does not restrict the attorney’s ability to practice law or represent clients, it merely reflects the conflict of interest rules that prohibi... | MPRE | 2 | 372 | An attorney worked as in-house counsel at Conglomerate Corporation. Her employment agreement with Conglomerate Corporation that she would not, following her employment there, represent any client in litigation against Conglomerate. General Counsel for Conglomerate maintained that this was necessary to prevent lawyers w... | |
No, the agreement imposes an impermissible restriction on lawyers’ ability to practice law. | [
"Yes, because it does not restrict the departing lawyers’ ability to practice law, but merely protects against vendors using unfair competition methods to obtain or manipulate their contracts with Conglomerate.",
"Yes, because it does not restrict the departing lawyers’ ability to represent clients who want to su... | MPRE | 3 | 373 | An attorney worked as in-house counsel at Conglomerate Corporation. Conglomerate had a problem with lawyers who left its legal department to work for its suppliers – the lawyers would contact their friends who still worked for Conglomerate to solicit additional supply contracts, or to negotiate more favorable terms on ... | |
No, because even limiting the attorney’s ability to use a specific expert witness against this defendant would be an impermissible restriction on the attorney’s ability to practice law. | [
"Yes, because it did not impose any restraint on the attorney’s ability or right to practice law, but merely restricted a non-lawyer expert witness from testifying again against a specific defendant.",
"Yes, because if the client exercised her stock options, the attorney would not be able to represent her in an a... | MPRE | 2 | 374 | An attorney represented a plaintiff in a claim against Conglomerate Corporation and was remarkably effective in her efforts, mostly because she hired Professor Stevenson as an expert witness. After the deposition of Stevenson, Conglomerate realized they needed to settle the case before trial. Conglomerate offered a ver... | |
The insurer should send the check to the attorney’s new firm as loss payee, and the attorney should send no money at all to Small Firm. | [
"The insurer should send the check to the attorney at his new firm as the loss payee, and the attorney should then send his former employer, Small Firm, ninety-five percent of his one-third, after fees and expenses.",
"The insurer should send the check to Small Firm as the loss payee, as Small Firm initiated the ... | MPRE | 2 | 375 | An attorney made a lateral move to Small Firm. The managing partner had the attorney sign an employment contract on his first day, which included a provision under which the attorney agreed that upon leaving employment, he would pay his former employer ninety-five percent of any attorney fees earned in a contingent-fee... | |
No, because even limiting the attorney’s ability to shop for forum or venue in future cases for other plaintiffs would be an impermissible restriction on the attorney’s ability to practice law. | [
"Yes, because it did not impose any restraint on the attorney’s ability or right to practice law, but merely functioned as a forum selection clause in a contract.",
"Yes, because the attorney knew that she could win future cases regardless of the forum or venue.",
"No, because even limiting the attorney’s abili... | MPRE | 2 | 376 | An attorney brought a class action lawsuit against Conglomerate Corporation and was remarkably effective in her efforts, mostly because she was brilliant about forum shopping. After discovery, Conglomerate realized they needed to settle the case before trial. Conglomerate offered a very generous settlement to the plain... | |
Yes, because the agreement would be an impermissible restriction on the right to practice law. | [
"Yes, because it creates a nonconsentable conflict of interest between the different plaintiffs the attorney represents.",
"Yes, because the agreement would be an impermissible restriction on the right to practice law.",
"No, but only if the attorney returns any unused portion of the fees those clients have alr... | MPRE | 1 | 377 | Conglomerate Corporation was a defendant in multidistrict litigation, and a plaintiff’s attorney represented many different plaintiffs in these related cases against Conglomerate. The attorney and Conglomerate reached a settlement agreement for one group of claimants. The settlement was generous toward those plaintiffs... | |
No because forfeiting the attorney’s own work product in the case could restrict her future practice of law in similar cases. | [
"Yes, because turning over the file from one completed case places no restrictions on a lawyer’s future practice of law.",
"Yes, because it is in the best interest of the client to accept the settlement, and work product from one case would have no value in future unrelated cases.",
"No, because it violates the... | MPRE | 3 | 378 | An attorney represented a plaintiff in a wrongful death case arising out of a prison riot, which included many claims and cross-claims. The case ended in settlement. The defendant’s settlement offer included two conditions: first, the commonplace requirement that the attorney and client not disclose the amount of the s... | |
No, prohibiting the lawyer from using any information learned in the representation is an impermissible restriction on the lawyer’s right to practice. | [
"Yes, given the other lawyer’s history, it is proper to ask for a settlement condition in which he agrees not to use information from this case in other cases.",
"Yes, assuming the client also agrees to this condition, and the condition is not adverse to any legal or financial interest of either party in the case... | MPRE | 3 | 379 | An attorney represents a large corporate defendant in a tort action over a defective product line. The current action is the first of what may be many such lawsuits, but the problems with its product line have not received any media attention yet, so the company decides to settle the matter quietly. Recognizing that he... | |
Yes, because restrictions on the right to practice law are permissible as a condition of retirement benefits. | [
"Yes, because restrictions on the right to practice law are permissible as a condition of retirement benefits.",
"Yes, this condition would be proper even if the attorney was not retiring because partnerships are a special exception to the usual rule against restrictions on the right to practice law.",
"No, bec... | MPRE | 0 | 380 | An attorney in a small partnership decided it was time to retire. The partnership agreement had clear provisions for the retirement of partners, in which the partnership would buy out the retirement partner’s share, including an hourly prorated amount for work on matters that were still pending and had not yet generate... | |
Yes, it is a universally recognized exception to the rule against restrictions on lawyer’s right to practice law that corporate legal departments can require that in-house counsel confine their entire practice of law to the organization’s legal affairs. | [
"Yes, it is a universally recognized exception to the rule against restrictions on lawyer’s right to practice law that corporate legal departments can require that in-house counsel confine their entire practice of law to the organization’s legal affairs.",
"Yes, because the employer is not a law firm; it is a reg... | MPRE | 0 | 381 | Conglomerate Corporation has a rule for in its legal department against “side hustles,” that is, its lawyers working cases for private clients on the side, even on a pro bono basis. The rule, which it embodied in its employment contract with all the in-house attorneys who work there, became a policy there when General ... | |
Yes, because extending the statute to pro bono representation of the capital defendant in other cases would constitute an impermissible restriction on the right to practice law. | [
"Yes, because the state is preparing to execute this individual, so his liability in the other case will soon become moot.",
"Yes, because extending the statute to pro bono representation of the capital defendant in other cases would constitute an impermissible restriction on the right to practice law.",
"No, b... | MPRE | 1 | 382 | A criminal defendant received a death sentence after his murder conviction. The defendant's attorney, a court-appointed lawyer representing the defendant at state expense, had already been representing the defendant in an earlier manslaughter (noncapital) case, which he was handling on a pro bono basis. In this other m... | |
Attorney has the burden of proof to show that the lawyer has taken reasonable measures under the circumstances to communicate the desired understanding. | [
"Clients have the burden of proof to show that the lawyer failed to take reasonable measures to ensure that clients had adequate information about the inapplicability of the Rules of Professional Conduct.",
"Attorney has the burden of proof to show that the lawyer has taken reasonable measures under the circumsta... | MPRE | 1 | 383 | An attorney practices corporate securities law in a Wall Street firm. The attorney is also one of three owners of a financial forecasting consulting firm, Trends Tomorrow, which employs several well-known economists and financial analysts. The attorney refers clients to this firm when they need consultants to advise th... | |
No, a lawyer testifying as an expert is not providing law-related services and does not have a client-lawyer relationship with the party that has hired him. | [
"Yes, the lawyer had a duty to preserve the confidentiality of the client's information while testifying as an expert, as this is a law-related service.",
"Yes, the lawyer had a client-lawyer relationship with the client while serving as an expert witness, and therefore should have asserted attorney-client privil... | MPRE | 2 | 384 | An attorney developed expertise regarding the area of legal ethics and legal malpractice. Another firm hired the attorney to testify as an expert in an adjudication about the reasonableness of the firm's fees. The attorney has testified as an expert regarding legal fees and legal ethics on several prior occasions. Duri... | |
No, because a lawyer is subject to the duty of confidentiality, as well as the other ethical rules, with respect to the provision of law-related services, that are not distinct from the lawyer’s provision of legal services to clients. | [
"Yes, because the duty of confidentiality does not apply to services that a nonlawyer may perform without engaging in the unauthorized practice of law, even if the services relate to legal transactions.",
"Yes, when an existing client of a lawyer or firm refers another prospective client to the same lawyer or fir... | MPRE | 3 | 385 | An attorney works for a firm that handles residential real estate closings. The firm also provides title insurance, as part of the legal representation it offers to clients, but for an additional fee. Nonlawyers also provide title insurance in that state, for comparable prices. A prospective client met with the attorne... | |
No, because lobbying is a law-related service that a nonlawyer could do, and is distinct from the lawyer’s legal services, according to the retainer, so the conflict of interest rules do not apply. | [
"No, because lobbying is a law-related service that a nonlawyer could do, and is distinct from the lawyer’s legal services, according to the retainer, so the conflict of interest rules do not apply.",
"Yes, because he lobbied for people to suffer longer periods of incarceration merely to help his corporate client... | MPRE | 0 | 386 | An attorney practices commercial real estate law in the state capitol, but also provides legislative lobbying services for some clients, especially for firms seeking lucrative government contracts. For example, working on a retainer, the attorney successfully lobbied his state legislature to privatize most of its priso... | |
Both the legal services (incorporating) and the law-related related services (writing business plans and arranging investor meetings) would be subject to the requirements of the Rules of Professional Conduct. | [
"Both the legal services (incorporating) and the law-related related services (writing business plans and arranging investor meetings) would be subject to the requirements of the Rules of Professional Conduct.",
"It is improper for the attorney to provide both the legal services and the law-related services.",
... | MPRE | 0 | 387 | An attorney has expertise in launching new businesses. His undergraduate major was entrepreneurship, and he has numerous connections among investment bankers, and venture capitalists in the area. Entrepreneurs seek him out to incorporate their new businesses and help them find loans and equity investors for startup. Th... | |
Yes, because he did not disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter in connection with an admission to the state bar. | [
"Yes, because the attorney had a conflict of interest in the situation, as it would be in his best interest for his own employee to gain admission to the bar.",
"Yes, because he did not disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter in connection with an ad... | MPRE | 1 | 388 | An attorney agreed to write a recommendation letter for admission to the bar on behalf of the law student who had worked for him part-time throughout law school. The student had consistently behaved appropriately during her employment, in compliance with the ethical rules for lawyers and law firms. On one occasion, the... | |
No, because in connection with a disciplinary matter, a lawyer must not knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority. | [
"Yes, because he knew the case was without merit as he had never agreed to represent the complainant, and the board’s determination vindicated him in this regard.",
"Yes, because it was improper for the board to commence new proceedings that it based on prior proceedings that it had dismissed for being without me... | MPRE | 3 | 389 | An attorney faced a grievance over a client complaint regarding his neglect of the client’s matter. The attorney knew that he had never formally agreed to represent the client, but instead had met with the client once, determined that he had a conflict of interest, and he had refused to represent the potential client b... | |
No, because a lawyer representing an applicant for admission to the bar, or a subject of a disciplinary action, comes under the rules applicable to the client-lawyer relationship, including the duty of confidentiality. | [
"Yes, because a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admiss... | MPRE | 2 | 390 | An attorney agreed to represent an applicant to the state bar – a recent law school graduate – in her hearing before the state bar admissions board, which had tentatively denied her application for making false statements on her bar application. The board formally requests the applicant and her attorney make full discl... | |
Yes, because it is a separate professional offense for a lawyer to knowingly make a misrepresentation or omission in connection with a disciplinary investigation of the lawyer's own conduct. | [
"Yes, because it is a separate professional offense for a lawyer to knowingly make a misrepresentation or omission in connection with a disciplinary investigation of the lawyer's own conduct.",
"Yes, because her the dismissal of the original complaint may have been in reliance upon some of her false statements, m... | MPRE | 0 | 391 | An attorney faced a disciplinary action over accusations that she had neglected a client matter and had not communicated enough with the client. The state disciplinary authority requested a written account of her version of what happened, and it asked her ten or twelve probing questions during the hearing. At the concl... | |
No, because the rules requiring attorney candor to disciplinary authorities are subject to the provisions of the Fifth Amendment of the United States Constitution and corresponding provisions of state constitutions. | [
"Yes, because a lawyer must not knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority.",
"Yes, because the board found no evidence that the attorney had mishandled client funds, and the attorney had an affirmative duty to clarify any misunderstanding on the part... | MPRE | 2 | 392 | An attorney faced disciplinary action over a client grievance. The disciplinary tribunal asked the attorney several probing questions about her handling of client funds. The attorney had, in fact, used some client funds to pay off a gambling debt, so she was less worried about a temporary suspension of her law license ... | |
Yes, a person relying on such constitution protections in response to a question must do so openly and not use the right of nondisclosure as a justification afterward for failure to comply with the rules requiring disclosures to the disciplinary authorities. | [
"Yes, because a lawyer can never refuse to respond to a lawful demand for information from an admissions or disciplinary authority.",
"Yes, a person relying on such constitution protections in response to a question must do so openly and not use the right of nondisclosure as a justification afterward for failure ... | MPRE | 1 | 393 | An attorney faced disciplinary action over a client grievance. The disciplinary tribunal asked the attorney several probing questions about her handling of client funds. The attorney had, in fact, used some client funds to pay off a gambling debt, so she felt less worried about a temporary suspension of her law license... | |
Yes, a lawyer shall not make a statement that the lawyer knows to be false, or with reckless disregard as to its truth or falsity, concerning the integrity of a public legal officer. | [
"Yes, a lawyer shall not make a statement that the lawyer knows to be false, or with reckless disregard as to its truth or falsity, concerning the integrity of a public legal officer.",
"Yes, prosecutors have absolute prosecutorial discretion and immunity, so even if the allegations were true, there was no point ... | MPRE | 0 | 394 | A criminal defense attorney was angry at the local prosecutor for pushing forward with a certain matter against one of the attorney’s clients. In a state of frustration, the attorney penned a letter to state officials responsible for overseeing the local prosecutors, in which he accused the prosecutor in his case of sp... | |
Yes, if indeed the district attorney did not make the statements with reckless disregard for their truth or falsity. | [
"Yes, because prosecutors have wide prosecutorial discretion and immunity.",
"Yes, if indeed the district attorney did not make the statements with reckless disregard for their truth or falsity.",
"No, if indeed the district attorney did not have actual knowledge and reasonable certainty that these statements w... | MPRE | 1 | 395 | A district attorney had a dispute with certain judges in the criminal court in his locale. At one point, the district attorney held a press conference at which he criticized the judges, blaming the large backlog of pending criminal cases on these judges’ inefficiency, poor work ethic, and excessive vacations. He went f... | |
No, even though the bar has a right to place restrictions on lawyer speech, the complaints here would be permissible under the Model Rules and First Amendment jurisprudence. | [
"Yes, it is impermissible for a lawyer to make statements attacking the integrity or qualifications of a judge or court official.",
"Yes, a lawyer may not decline judicial appointments to represent criminal defendants merely over compensation grievances.",
"No, even though the bar has a right to place restricti... | MPRE | 2 | 396 | A criminal defense attorney received a court appointment to represent a defendant, and at the end of the representation, she sought compensation for her legal fees from the appropriate courthouse office. Unfortunately, she did not have some of the receipts and documentation to verify some of her fees, so she received o... | |
No, a lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. | [
"Yes, the code of judicial conduct did not yet apply to her if she was not yet a judge.",
"Yes, if indeed attorney advertising rules were inapplicable to this website.",
"No, because her statements undermine the integrity of the judiciary with a reckless disregard for the truth.",
"No, a lawyer who is a candi... | MPRE | 3 | 397 | An attorney was running for judicial office. On her campaign website, she referred to herself as “Madame Justice,” and depicted herself in traditional judicial robes, even though she had never held judicial office before. The statement and photo were impermissible under the state judicial code, but she was not yet a ju... | |
Yes, because a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge. | [
"Yes, because a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge.",
"Yes, but only if the attorney makes the statements in the public media, that is, to a reporter or in a press release."... | MPRE | 0 | 398 | An attorney was upset when he lost a high-stakes bench trial. When friends and acquaintances asked him about it in the following weeks, he would bitterly complain that the judge must have received a bribe from the opposing party, because there was no way that a reasonable judge could have ruled against the attorney’s o... | |
Yes, because a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge. | [
"Yes, because the judge is doing the right thing and conservatives like the attorney in this case are criticizing officials merely for upholding civil liberties and seeking justice and equality.",
"Yes, because a lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to ... | MPRE | 1 | 399 | Texas, like many other states, elects state trial judges by popular vote. A well-known liberal-progressive judge is running for reelection. An attorney who is a staunch conservative is campaigning for the opposing candidate from the other party. At a campaign rally, the attorney declares that the liberal judge (seeking... | |
No, because assessments by lawyers are relied on in evaluating the professional or personal fitness of persons under consideration for appointment to judicial office, so expressing honest and candid opinions on such matters contributes to improving the administration of justice. | [
"Yes, assuming the attorney believes his friend will be a fair judge.",
"Yes, because the attorney has no duty to disclose confidential information he knows about a friend.",
"No, because assessments by lawyers are relied on in evaluating the professional or personal fitness of persons under consideration for a... | MPRE | 2 | 400 | A would-be judge asked his former law school classmate, a practicing lawyer, to write a recommendation letter for him as part of his application and vetting process for a judicial appointment. The attorney obliged and wrote a glowing recommendation, entirely favorable, even though he personally knew that his friend (th... |
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