Mixed Deck — All MPRE Topics Flashcards

A law firm's partnership agreement requires departing partners to forfeit deferred compensation if they take clients with them when they leave. Under the Model Rules, this agreement is:

Answer: Void because it restricts a lawyer's right to practice after departure

Rule 5.6 prohibits agreements that restrict a lawyer's right to practice after leaving a firm, including financial penalties that effectively discourage competition.

A lawyer is contacted directly by a person who is represented by another lawyer regarding the same matter. The lawyer should:

Answer: Decline to communicate with the represented person without consent of their counsel

Rule 4.2 generally prohibits communication with a represented person about the subject of the representation without prior consent of their counsel, even if that person initiates contact.

A law firm instructs its associates to always recommend mediation to clients before filing suit, primarily because the firm owns a stake in a local mediation company. This practice:

Answer: Requires disclosure to clients as a business interest that could affect advice

Rule 1.7 and 1.8 require disclosure when an attorney has a personal financial interest that could materially limit independent judgment.

Attorney Davis is disbarred. Under the Model Rules framework, after what minimum period may Davis generally apply for reinstatement?

Answer: Five years

Under ABA Model Rule 25 of the Model Rules for Lawyer Disciplinary Enforcement, a disbarred attorney generally may not apply for reinstatement for at least five years.

The comment to Rule 1.3 states that a lawyer may agree to ordinary working limits, but also warns against:

Answer: Procrastination that causes unnecessary harm or risk

Comment 3 to Rule 1.3 specifically warns that procrastination can cause clients unnecessary harm and anxiety, making it a diligence violation.

Which scenario represents a violation of the Multistate Professional Responsibility Examination code of professional conduct?

Answer: Misrepresenting qualifications or certification status

Misrepresenting qualifications or certification status is a serious violation of professional conduct. It undermines public trust and can lead to harm when unqualified individuals perform specialized work.

A lawyer represents a minor child in a custody dispute. The child wants the lawyer to advocate for living with the father, but the lawyer believes living with the mother is in the child's best interest. What should the lawyer do?

Answer: Advocate for the father as directed by the child client

Under Model Rule 1.14, even when representing a client with diminished capacity, a lawyer should follow the client's expressed wishes to the extent possible, advocating for the client's stated preferences.

A client and attorney agree to limit communication to monthly written reports, with no phone calls or emails in between. A month into the representation, an urgent development requires immediate client input on a 48-hour deadline. What must the attorney do?

Answer: Contact the client immediately despite the prior agreement

Reasonable limitations on communication can be agreed upon under Rule 1.4, but such agreements cannot prevent disclosure of information the client needs to avoid prejudice to their interests.

A prospective client meets with a lawyer and discloses confidential information, but the lawyer decides not to take the case. Later, a former client with adverse interests seeks to retain the lawyer. The lawyer:

Answer: May be barred from representing the new client if the information is significantly harmful

Rule 1.18 protects prospective clients' confidences, and a lawyer who received significantly harmful information from a prospective client may be disqualified from representing adverse parties in the same matter.

A judge who regularly adjudicates domestic violence cases volunteers on weekends for a nonprofit that advocates for domestic violence victims. This:

Answer: Creates an appearance of partiality in domestic violence cases and should be disclosed or avoided

Involvement with an advocacy organization on one side of issues regularly before the judge creates an appearance of partiality requiring either recusal in related cases or cessation of the involvement.

A lawyer settles a case and receives the settlement funds. The opposing party issues a check jointly payable to the lawyer and client. Under the Model Rules, the lawyer must:

Answer: Deposit the check in the client trust account, notify the client promptly, and disburse the client's share after the client endorses the check.

Rule 1.15 requires funds in which a client has an interest to be placed in trust, with the client promptly notified and the client's share disbursed after proper authorization.

What is the proper course of action when an MPRE professional witnesses unethical behavior by a colleague?

Answer: Report through established channels

Reporting unethical behavior through established channels ensures proper investigation while maintaining professional conduct.

A lawyer for a creditor sends communications to the debtor (non-client) that are designed to embarrass or harass the debtor. This conduct:

Answer: Violates Rule 4.4, which prohibits means that serve only to embarrass third parties

Rule 4.4(a) prohibits a lawyer from using means that have no substantial purpose other than to embarrass, delay, or burden a third person.

What obligation does confidentiality impose on MPRE professionals?

Answer: Protect sensitive information and share only as authorized

Confidentiality requires protecting sensitive information and only sharing it through authorized channels and for legitimate purposes.

Which foundational principle is MOST important for success in the Multistate Professional Responsibility Examination profession?

Answer: Commitment to continuous learning, ethical practice, and quality outcomes

Success in any professional field requires a commitment to continuous learning to stay current, ethical practice to maintain trust and integrity, and a focus on quality outcomes that serve stakeholders and the public interest.

An attorney charges a new client a $5,000 nonrefundable retainer described as compensation for 'availability.' Under the Model Rules, this arrangement is:

Answer: Impermissible because all advance fees must be deposited in trust and are refundable if unearned.

Most jurisdictions following the Model Rules treat advance fees as client funds held in trust; labeling a fee 'nonrefundable' does not override the obligation to return unearned funds.

What is the primary purpose of a code of ethics in MPRE practice?

Answer: To guide professional conduct and protect the public

A code of ethics provides guidance for professional conduct while protecting the public from unethical practices.

A lawyer truthfully advertises a $500 flat fee for drafting a simple will. Under the Model Rules:

Answer: The advertisement is permitted, but the lawyer must honor the advertised fee for any matter reasonably falling within its scope

Under MR 7.2 and associated comments, a lawyer who advertises a specific fee must honor that fee for any matter that reasonably falls within the scope of the advertised service.

What role does collaboration play in advocacy for MPRE professionals?

Answer: It enhances outcomes through diverse perspectives and shared expertise

Collaboration leverages diverse perspectives and combined expertise to achieve better outcomes than any individual could alone.

An attorney is assisting a client in what the attorney reasonably believes will constitute a crime. The attorney discovers mid-representation that the client's instructions will harm a third-party non-client. The attorney must:

Answer: Withdraw if continued assistance would violate the Rules of Professional Conduct

A lawyer must withdraw when continued representation would require the lawyer to assist in conduct that violates the Rules of Professional Conduct, including facilitating crimes that harm third parties.