MPRE

Question 1

What is a valid requirement for admission to a state bar?

Answer 1

Applicant is willing to take an oath to uphold the state and federal constitution

Question 2

What type of fee agreements are required to be in writing and signed?

Answer 2

Contingent fees only

Question 3

What is always required for a proper fee splitting arrangement between lawyers at different firms?

Answer 3

1. Client must agree to the split in writing
2. the client must be informed of the share each lawyer will receive
3. the fee must be reasonable

Question 4

A lawyer MUST withdraw from a case when:

Answer 4

1. the client fires the lawyer;
2. the representation would require the lawyer to violate the law of code of conduct; or
3. the lawyer’s physical or mental condition materially impairs their ability to represent the client

Question 5

If a client stops paying attorney’s fees, in violation of their agreement, can the lawyer withdraw representation even if negotiations are at a critical point?

Answer 5

Yes, if there is good cause and the client is warned the L will withdraw if the fees aren’t paid.

Question 6

Are conflicts of interest imputed to the firm for a lawyer’s former work with a prospective client?

Answer 6

Yes, unless Conflict lawyer is:

1. timely screened
2. not apportioned a part of the fee from the matter (apart from their normal salary)
3. written notice is provided to the affected client

Question 7

When does a concurrent conflict of interest exist?

Answer 7

1. the representation of one client will be directly adverse to another client; or
2. there is significant risk that the representation of one client will be materially limited by the lawyer’s own interest or the theL’s responsibilities to another client, former client, or third person.

Question 8

When MAY a lawyer take a case despite a concurrent conflict of interest

Answer 8

1. the L reasonably believes that he can competently and diligently represent each affected client;
2. the representation is not prohibited by law;
3. the representation does not involve asserting a claim by one client against another client in the same litigation; and
4. each affected client gives informed consent, confirmed in writing

Question 9

May a L ask a client to consent to conflicts that may arise in the future?

Answer 9

Yes, but only if it is reasonable and only if the client truly understands the particular kinds of conflicts that may arise

Question 10

When is client consent, IN WRITING, mandatory?

Answer 10

• Fee sharing
• concurrent conflict of interest
• contingent Fee agreements

Question 11

When does a Client relationship form?

Answer 11

When a client manifest intent to form a client relationship and the lawyer agrees, or fails to make it clear she is not interested in taking the case

Question 12

What is a retaining lein?

Answer 12

L holds all documents, funds and property until the lawyer’s fees are paid

Question 13

Can a lawyer represent two co-defendants in a criminal trial if the Lawyer has consent from both parties

Answer 13

Yes, the lawyer shouldn’t b/c the co-defendants will likely have divergent interests.

Question 14

may a lawyer accept a substantial gift from someone who is not the lawyer’s relative?

Answer 14

Yes, but the gift may be voidable under undue influence.

Question 15

May a lawyer give anything of value for a referral?

Answer 15

Generally no a lawyer may not give anything of value to a person recommending the lawyer’s services. The exception is if it’s a reciprocal referral arrangement, and in that case the client must be informed of the arrangement, and the agreement cannot make referrals exclusive.

Question 16

May a lawyer represent a client privately if he acted as an arbitrator on the same matter in a previous proceeding?

Answer 16

No. If the lawyer participated personally and substantially in the matter and cannot represent the parties in a subsequent proceeding.

Question 17

In the event a client fires a lawyer, must the lawyer turn over legal and fact memoranda, along with documents to the client?

Answer 17

Yes. The client is entitled to all papers the attorney has prepared, including memoranda of fact and law. Some states allow for a lien on client papers, until the fee is paid, but if the fee is paid, ALL DOCS must be turned over.

Question 18

May a lawyer call as a witness facts he suspects will lie under oath?

Answer 18

Yes, a lawyer MAY call a suspect he suspect will not offer truthful testimony. A lawyer may only refuse to offer evidence if he reasonably believes is false

Question 19

May a judge participate in politics?

Answer 19

Generally no, but a judge may give legislative testimony.

Question 20

May a lawyer or law firm accept an appointed legal engagement if the lawyer or law firm makes a political contribution?

Answer 20

It depends. If the lawyer is law firm is making contribution for the purpose of obtaining or being considered for that kind of legal engagement, then NO.

But if the lawyer or law firm is merely participating in the political process without trying to persuade the political electorate to use him or the firm for business, then it’s fine.

NOTE: Check conflicts of interest. If a lawyer contributes a substantial amount of money to an elected official, the conflict will be imputed to the firm so the lawyer should be properly screened, etc.

Question 21

Client hires lawyer to draft will, and client leaves estate to a woman he has no relationship or connection with, but admits to the lawyer that he killed her husband. The client signs the will and dies. Now, an innocent man is on trial for the death of the man.

May the attorney voluntarily tell the innocent man’s defense counsel what his client told him in confidence?

Answer 21

yes, he may tell the, but he WOULD NOT be subject to discipline if he didn’t.

Question 22

Which communication is covered by the attorney-client privilege when the client is a corporation?

Answer 22

Communications b/w the lawyer and high-ranking corporate officials. In addition communications b/w the lawyer and other corporate employees will be privileged only if the following conditions are met:

(i) the employee communicates with the lawyer at the direct of the employee’s superior;
(ii) the employee knows that the purpose of the communication is to obtain legal advice for the corporation; and
(iii) the communication concerns a subject within the scope of the employee’s duties to act for the corporation.

Question 23

When may an attorney reveal confidential information or privileged information?

Answer 23

When an attorney has implied authority from the client to use or disclose confidential information when appropriate to carry out the representation, but cannot reveal privileged information unless the client expressly consents.

Question 24

May a court compel an attorney to disclose information learned during a privileged conversation?

Answer 24

no. A-C privilege is an exclusionary rule of evidence. It prevents a court, or other government tribunal from using the twin powers of subpoena and contempt to compel the revelation of confidential communications b/w an attorney and a client.

Question 25

Must a lawyer accept any court-appointed client

Answer 25

Yes except for good cause which includes:

• unreasonable financial burden
• inability to properly effectively represent the client due to personal issue

Question 26

May a lawyer serve as a director of a legal services organization, which represents a client with an adverse interest to one of the lawyer’s regular clients?

Answer 26

Yes, but she may have to refrain from participating in certain decisions of the organization

Question 27

When MUST a lawyer disclose material fact to a third party?

Answer 27

Attorney MUST disclose material facts when necessary to avoid ASSISTING the client in a crime or fraud.

Additionally, Lawyer MUST withdraw if disclosure to the third party is prohibited by the ethical duty of confidentiality.

Not permissible to notify the court, or disclose the material facts to the third party.

DOES owe a duty to inform the third party, or to withdraw if he is prohibited from disclosing the matter.

Question 28

Does a loan payback to a client violate the rules against splitting a legal fee with a non lawyer?

Answer 28

no. If a client loans money to a lawyer in a business transaction, the lawyer’s repayment is exempt from the fee splitting prohibitions with non lawyers.

Question 29

May a lawyer advise a client to disobey the law?

Answer 29

No, however, a lawyer may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of a law even if it requires the client to disobey the law.

This usually arises when a lawyer is asked how a particular law may be challenged, and the lawyer advises the client on ways to obtain legal standing, which include disobedience of the law.

Question 30

May a judge voluntarily act as a witness?

Answer 30

Yes, unless the judge is asked to act as a character witness. Character witness testimony as a judge is prohibited.

Question 31

What are some exceptions to the prohibition of face-to-face solicitation?

Answer 31

No solicitation when a significant motive for doing so is the lawyer’s pecuniary gain, unless the contact is with a:

• lawyer;
• person who has a family, close personal, or prior business or professional relationship with the lawyer; or
• person who routinely uses for business purposes the type of legal services offered by the lawyer

Question 32

May a full-time judge engage in the practice of law?

Answer 32

No. However, a judge may, without compensation, give legal advice to, and draft and review documents for, a member of the judge’s family.

Question 33

May a judge solicit contributions for an organization?

Answer 33

Yes, but only from her family or other judges in which she does not have supervisory authority

Question 34

If a judge granted a stay of execution to a defendant and was later the judge retires and returns to private practice, may the retired justice represent the defendant without getting informed consent, confirmed in writing, from all parities to the habeas corpus proceeding?

Answer 34

No, a lawyer MUST not represent a client in a “matter” in which the lawyer earlier participated “personally and substantially” as a judge.

Question 35

May a lawyer request that someone other than a client refrain from voluntarily giving relevant information to another party?

Answer 35

Yes, but ONLY if the person is a relative or agent of the client AND the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving the information.

Question 36

When does representation in private practice require consent from the lawyer’s former government employer?

Answer 36

If the lawyer participated personally and substantially in the same matter while working in government.

Question 37

Under what circumstances may a lawyer represent a client in which the defendant is a former client of a partner no longer with the firm?

Answer 37

If the other lawyers in the firm did not gain access to confidential information relating to the defendant.

Question 38

does a subordinate lawyer violate the RPC by acting in accordance with a supervisors reasonable resolution of an arguable question of professional duty?

Answer 38

No–a lawyer should abide by the partner’s resolution of the matter.

Example, a subordinate lawyer would only have a duty to call a case to the court’s attention if the case was DIRECTLY on point.

Question 39

When may a lawyer admitted to practice in State A, practice in State B without ad hoc vice admittance?

Answer 39

Association w/ L who is admitted to practice and who actively participates in the matter;

A lawyer is permitted to temporarily practice out of state if that practice is reasonably related to the lawyer’s home state practice;

are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding , if the services reasonably related to L’s practice in home jurisdiction.

Question 40

Do laws or statutes absolve attorney’s from their ethical duties to keep client informed?

Answer 40

No. Clients must be given all relevant information to a client that the client may regard as important.

Question 41

May a lawyer disclose confidential information when necessary to carry out the representation of a client?

Answer 41

Yes, the lawyer has implied authority from the client to disclose information to carry out representation, UNLESS the client specifically instructed the client to the contrary.

Question 42

May a lawyer solicit clients face-to-face to a person whom they KNOW needs legal services.

Answer 42

No, except if the significant motive for the solicitation is NOT pecuniary gain (i.e. a lawyer who volunteers his services can solicit face-to-face)

Question 43

May a lawyer express his views in the media on noteworthy issues?

Answer 43

Yes, as long as he doesn’t make any false or misleading claims about himself or his services.

Question 44

May a lawyer practice law in a jurisdiction in which she is not licensed?

Answer 44

Yes, if it is reasonably related to her work in the jurisdiction in which she is licensed; however, if the state a lawyer may not practice without ad hoc vice admission for trials, trial preparation (except ministerial tasks)

Question 45

When does the attorney client privilege apply, and when does the ethical duty of confidentiality apply?

Answer 45

A-C Privilege: prevents subpoena and contempt to compel the revelation of confidential communications b/w a and c.

duty of confidentiality: Prohibits lawyer from VOLUNTARILY revealing information relating to the representation. Can be compelled or subpoenaed

Question 46

May a lawyer use adverse confidential information to the disadvantage of a client, former client, or prospective client?

Answer 46

Only with informed consent, in writing from the former client.

Question 47

Exceptions to the attorney client privilege

Answer 47

1. client is seeking attorney’s service to engage in or assist in a FUTURE crime or fraud
2. Issues relevant to an issue of breach of the duties arising out of relationship
3. civil litigation between two persons who were formerly joint clients
4. situations where the A can furnish evidence about the COMPETENCY or INTENTION of a client who has attempted to dispose of property by will or inter vivid transfer

Question 48

For the purpose of confidentiality, when is information not generally known?

Answer 48

When it can be obtained only by means of special knowledge or Substantial difficulty or expense.

Question 49

Exceptions to the duty of confidentiality:

Answer 49

1. L reasonably believes disclosure is necessary to prevent reasonably certain death or substantial bodily harm. (discretionary)
2. Prevent or mitigate substantial financial harm (discretionary), if the client used the L’s services or has used the services in the matter
3. Dispute involving attorney’s conduct
4. Disclosure to obtain legal ethics advice
5. Disclosure to detect and resolve conflicts of interest
6. law or court order

Question 50

Opposing Former Client in Substantially Related Matter

Answer 50

A lawyer must not represent one client whose interests are materially adverse to those of a former client in a matter that is “substantially related” to a matter in which the lawyer represented the former client (unless the former client gives informed consent, confirmed in writing)

same transaction or legal dispute or substantial risk that confidential factual information from prior representation would materially advance the new client’s position.

This is applicable to clients of the lawyer’s firm as well as to the lawyer.

Question 51

May a law clerk negotiate for private employment?

Answer 51

Yes, but must notify judge before negotiating for private employment with a party (including attorney for a party) in a matter in which the law clerk is participating personally and substantially.

Informed consent required from both parties, confirmed in writing.

Question 52

If a prosecutor overhears a confidential communication in which the defendant admits to a violation of the law, what must she do?

Answer 52

She can assume the a-c privilege applies and she has no obligation to try to testify what she heard so she MUST ignore what she heard and proceed with the case in the normal manner.

Question 53

May a lawyer disclose a client or former client’s past crime?

Answer 53

NOOOO.

Question 54

May a judge involve herself in business dealings with lawyers or person likely to come before the court on which she sits?

Answer 54

Generally, no. It creates the appearance of impartiality.

Question 55

May a lawyer give an unrepresented person legal advice?

Answer 55

Not if the lawyer knows the person’s interests conflict with those of a client. Suggestion to get counsel is ok.

Question 56

May a lawyer represent two clients in the same matter?

Answer 56

It depends.

Potential conflict: yes, if they are informed of the potential risk of conflict, and give consent in writing.

Actual conflict in litigation: No. Must seek court’s permission to withdraw b/c L cannot adequately represent both parties without harming the other.

Question 57

May a lawyer split fees with another lawyer in the same firm?

Answer 57

Yes, but the protections of privilege and confidentiality remains. No formal consent by the client is required.

Question 58

Is an attorney subject to discipline for a mistake originating with the court (as opposed to the client or the attorney)?

Answer 58

No. A lawyer only has a duty to take remedial measures if he or the client give a false impression, otherwise duty of confidentiality applies.

Question 59

may a lawyer limit her malpractice liability by contract?

Answer 59

Yes, but the client MUST secure independent counsel in making the agreement.

Question 60

May a judge serve as a manager or employee of a business?

Answer 60

No, but judges are encouraged to engage in extrajudicial activities, such as teaching.

Question 61

Does Sarbanes-Oxley Act require or permit disclosure?

Answer 61

Permit. Disclosure is not required.