Concepts MPRE practice tests 3 and 4 Flashcards
T or F, a lawyer’s assistance to a pro se litigant is not a material fact to the tribunal that must be revealed. Neither the lawyer nor the client must reveal it.
True
T or F, a lawyer may not reveal otherwise confidential information to the extent necessary to defend herself against a criminal charge against the lawyer based on the client’s conduct. She has to take the fall for the client
False! the lawyer may reveal confidential information necessary to defend herself against a criminal charge based on the client’s conduct. she is not required to take the fall for the client
Is it permitted under the MRs for lawyer and a non-lawyer professionals to enter into reciprocal client referral agreements?
Is it permitted for a lawyer to form a partnership with a non-lawyer under the MRs?
Yes
No
T of F A prosecutor’s political ambition alone as a reason for bringing criminal charges is not enough to violate the model rules, but if he brings charges without probable cause he violates the MRs.
True
T or F A judge must disqualify himself in any proceeding that impartiality may reasonably be questioned such as if the judge was associated with a lawyer who participated substantially as a lawyer in the present matter during such association.
True
Can a lawyer pay an expert witness a fee for preparing to testify and for her time spent testifying? But a lawyer cannot pay an expert witness for?
Yes
A lawyer cannot pay a fee to an expert witness that is contingent on the outcome of the litigation or upon giving particular testimony.
T or F, judges who are becoming candidates for a non-judicial elective office must resign from judicial office unless otherwise permitted by law.
True
Generally, lawyers are not permitted to practice in a private firm in which a non-lawyer owns an interest. What is an exception for a fiduciary of the estate of a deceased lawyer?
A fiduciary of the estate of the deceased lawyer may hold interest in the firm for a reasonable time during the administration of the estate.
T or F, a judge is required to resign her judgeship when running for a judicial position
False, they are not required to do so for a judicial position
It is presumed that most court appointments will impose a financial burden on attorney. However, for an attorney to avoid the appointment for reasons of financial burden the financial burden must be ___________.
Unreasonable
The no contact rule does not apply to former employees of a represented organization subject to limits on? give example
limits on obtaining evidence in violation of the organization’s rights. Example: asking for privileged information from the former employee
A government lawyer has a conflict when the lawyer leaves government service and represents a client in a matter in which the lawyer was personally and substantially involved in as a government lawyer. What is not considered a matter for this purpose? why not?
Drafting of legislation is not a matter for these purposes because it does not involve specific parties.
T or F, even though revealing confidential information to another lawyer to consult for guidance is impliedly authorized, the lawyer is prohibited from revealing the client’s communications with someone outside the lawyer’s firm without the client’s consent.
what happens to the attorney client privilege if it is shared?
True
to reveal the client’s communications with someone outside the firm waives the attorney- client privilege which requires the client’s consent.
Generally lawyers are not allowed to practice law in states where they are not licensed but there is an exception for in house counsel. Explain the in house counsel exception. Why is this allowed?
In house counsel are allowed to practice law in other jurisdictions as long as they do not undertake activities for which the forum requires pro hac vice admission (court admission).
Allowed because there is a presumption that an employer of an in house lawyer is likely to be a sophisticated consumer of legal services and likely to know and voluntarily undertake the risks that come with hiring a lawyer licensed in another jurisdiction.
T or F, working with legislators and advocates to improve the law is considered pro bono service.
False, it is not
