Professional Discipline Flashcards
7 cards from real MPRE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Professional Discipline flashcards as text
An attorney is convicted of felony tax fraud unrelated to her law practice. Which of the following best describes the likely disciplinary consequence?
Answer: Discipline because a felony conviction involving dishonesty reflects adversely on fitness to practice
Under the Model Rules, a criminal act involving dishonesty or that reflects adversely on fitness to practice law is grounds for discipline, regardless of whether a client was directly harmed.
A state bar disciplinary committee investigates an attorney and finds clear and convincing evidence of misconduct. What burden of proof standard applies in most attorney disciplinary proceedings?
Answer: Clear and convincing evidence
Most jurisdictions require clear and convincing evidence to sustain professional discipline against an attorney.
An attorney receives a private reprimand from the disciplinary authority. Which statement is most accurate?
Answer: A private reprimand is a formal sanction but not made public
A private reprimand is a formal disciplinary sanction that is not disclosed to the public but remains part of the attorney's disciplinary record.
Attorney Adams is suspended for six months. Under the Model Rules, what must Adams generally do before being reinstated?
Answer: Demonstrate rehabilitation and fitness to practice, and comply with reinstatement procedures
Reinstatement after suspension typically requires the attorney to demonstrate fitness to practice law, including evidence of rehabilitation where applicable.
Which of the following conduct would MOST likely result in disbarment rather than a lesser sanction?
Answer: Knowingly converting client funds to personal use over an extended period
Intentional misappropriation of client funds is among the most serious violations and typically warrants disbarment.
A disciplinary authority in State A seeks to discipline Attorney Brown who is licensed in both State A and State B. If Brown is disbarred in State A, what is the likely effect in State B?
Answer: State B may impose reciprocal discipline but must provide Brown an opportunity to be heard
Most jurisdictions provide for reciprocal discipline but require some procedural protection, including notice and an opportunity to challenge the discipline.
An attorney self-reports a trust account error to the state bar before any complaint is filed. How does voluntary self-reporting typically affect disciplinary outcomes?
Answer: Self-reporting is considered a mitigating factor that may reduce the severity of discipline
Voluntary disclosure of misconduct before a complaint is filed is a recognized mitigating factor that disciplinary authorities may weigh in determining the appropriate sanction.