MPRE

Question 1

Rule 1.1: Competence

Answer 1

provide competent representation to client; requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the rep

Question 2

Rule 1.1(1): Legal Knowledge and Skill (factors for requisite k/s)

Answer 2

nature of matter; atty general experience; training/exp in field in ?; prep/study able to give; feasible to refer or ass/consult w/ atty w/ est. competence in field (expert in some c)

Question 3

Rule 1.1(2): Legal Knowledge and Skill (novel atty - study)

Answer 3

new atty just as competent; atty can provide adequate rep in wholly novel field through necessary study or association

Question 4

Rule 1.1(3): Legal Knowledge and Skill (emergency)

Answer 4

emergency - may give advice or assist in matter where do not have skill ordinarily required where referral/consult/assoc w/ another atty impractical - still limit assistance to necessity

Question 5

Rule 1.1(4): Legal Knowledge and Skill (reasonable prep)

Answer 5

may accept rep where requisite level of competence can be achieved by reasonable prep

Question 6

Rule 1.1(5): Thoroughness and Preparation

Answer 6

adequate prep - inquiry/analysis into factual/legal elements; use methods & procedures of competent standard - required att. & prep determined party by what is at stake

Question 7

Rule 1.1(6): Retain or Contract w/ Other Atty (inform consent - reasonable?)

Answer 7

client informed & consent to retain or contract other atty; client reasonably believe other atty services will contribute to competent & ethical rep - reasonableness of decision based on cir - experience of atty; nature of services; what protections/rules

Question 8

Rule 1.1(7): Retain or Contract w/ Other Atty (consult w/ each other)

Answer 8

atty should consult w/ each other & client about scope of rep & responsibilities of each

Question 9

Rule 1.1(8): Maintain Competence

Answer 9

atty should keep abreast of changes in law and continue meeting CLE requirements

Question 10

Rule 1.2(a): Scope of Rep & Allocation of Authority between Client & Lawyer

Answer 10

atty shall abide by client decision re: objectives of rep and consult w/ client as means to pursue. may take action impliedly authorized - client choice in civil to settle, criminal to plea, waive jury trial, or testify

Question 11

Rule 1.2(b): Scope of Rep & Allocation of Authority between Client & Lawyer

Answer 11

rep of client not endorsement of their political, economic, social or moral views or activities

Question 12

Rule 1.2(c): Scope of Rep & Allocation of Authority between Client & Lawyer

Answer 12

may limit scope of rep if reasonable under cir and client gives informed consent

Question 13

Rule 1.2(d): Scope of Rep & Allocation of Authority between Client & Lawyer

Answer 13

shall not counsel client to engage, or assist in, conduct atty knows is criminal or fraud but may discuss legal consequences and may assist to make good faith effort to determine validity, scope, meaning or application of the law

Question 14

Rule 1.2(2): Scope of Rep & Allocation of Authority between Client & Lawyer (disagree)

Answer 14

consult w/ client to seek mutually acceptable resolution - efforts fail, if atty has fundamental disagreement can withdraw - client may discharge atty

Question 15

Rule 1.2(3): Scope of Rep & Allocation of Authority between Client & Lawyer (advance auth)

Answer 15

client may authorize specific action w/o further consult; atty may rely on advance authorization; client can revoke at any time

Question 16

Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independence from client’s views/activity)

Answer 16

legal rep shouldn’t be denied to people unable to afford, or whose cause is controversial or subject of popular disapproval

Question 17

Rule 1.2(4): Scope of Rep & Allocation of Authority between Client & Lawyer (client diminish capacity)

Answer 17

if client appears to be suffering diminished capacity, atty duty to abide by client decisions is guided by Rule 1.14

Question 18

Rule 1.2(5): Scope of Rep & Allocation of Authority between Client & Lawyer (independent from client view/activity)

Answer 18

legal rep shouldn’t be denied to people who can’t afford; whose cause is controversial; or subject of popular disapproval

Question 19

Rule 1.2(6): Scope of Rep & Allocation of Authority between Client & Lawyer (agree to limit scope)

Answer 19

scope of services may be limited by agreement or by the term under which services are made available to client - must be reasonable (limited rep a factor in determining the legal k/s & prep required)

Question 20

Rule 1.2(9): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, bad transactions)

Answer 20

prohibition does not preclude atty from giving honest opinion about actual consequences likely to result from conduct; client using advice does not make atty a party to action

Question 21

Rule 1.2(10): Scope of Rep & Allocation of Authority between Client & Lawyer (criminal, fraud, or bad transactions)

Answer 21

avoid assisting client by drafting/deliver docs atty knows are fraud; atty may not continue assisting client if discovers conduct is criminal or fraud - must withdraw

Question 22

Rule 1.2(11): Scope of Rep & Allocation of Authority between Client & Lawyer (client is fiduciary)

Answer 22

where client is fiduciary, atty may be charged w/ special obligations in dealings w/ beneficiary

Question 23

Rule 1.3: Diligence

Answer 23

atty shall act w/ reasonable diligence and promptness in representing a client

Question 24

Rule 1.3(1): Diligence

zealous advocacy

Answer 24

atty should pursue despite opposition, obstruction, or personal inconvenience - take measures required to vindicate - act w/ commitment & dedication to client interests and zeal w/ advocacy. Not bound to press for every advantage - duty does not require offensive tactics or treating all involved w/ respect

Question 25

Rule 1.3(2): Diligence (work load)

Answer 25

atty work load must be controlled so much each matter can be handled competently

Question 26

Rule 1.3(3): Diligence (promptness and procrastination)

Answer 26

don’t procrastinate; duty to act w/ reasonable promptness does not preclude atty from agreeing to reasonable requires for postponement that won’t prejudice client

Question 27

Rule 1.3(4): Diligence (follow through)

Answer 27

unless terminated, atty should carry through to conclude all matters; if limited to specific matter, rep terminates when matter resolved; sometimes notice of withdrawal necessary; doubt should be clarified in writing; must consult w/ client about appeals before ending rep; obligation to appeal depends on scope of rep

Question 28

Rule 1.3(5): Diligence (sole P death plan)

Answer 28

each sole P must prepare plan that designates another atty to review client files, notify clients, and determine if need for immediate protective action in case of sole P’s death or disability

Question 29

Rule 1.4(a): Communication

Answer 29

atty shall (1) promptly inform client of any decision to which informed consent is required; (2) reasonably consult about means to do objectives; (3) keep client reasonably informed on status; (4) promptly comply w/ reasonable requests for info; (5) consult about relevant limits on atty conduct when knows client expects conduct not permitted by law or MRPC

Question 30

Rule 1.4(b): Communication

Answer 30

atty shall explain matter to extent reasonably necessary to permit client to make informed decisions regarding rep - reasonable comm is Necessary!

Question 31

Rule 1.4(3): Communication (w/ client before action)

Answer 31

depending on both importance of action and feasibility of consult w/ client duty will require consult prior to taking action - in emergencies an immediate act may be done w/o prior consult but must act reasonably to inform client atty took action

Question 32

Rule 1.4(4): Communication (prompt response to request for info)

Answer 32

client requests reasonable info, must promptly respond or if not feasible, atty or staff must acknowledge receipt of request, advice client when response may be expected

Question 33

Rule 1.4(5): Communication (explaining matters)

Answer 33

client should have sufficient info to participate; adequacy of comm depends partly on kind of advice involved; generally not expected to describe trial or negotiation strategy in detail

Question 34

Rule 1.4(6): Communication (diminished capacity or organization)

Answer 34

DC client - Rule 1.14; when client is org just address comm to appropriate officials of org

Question 35

Rule 1.4(7): Communication (withholding info)

Answer 35

atty may be justified in delaying info if client likely to act imprudently to immediate comm; may not withhold to serve atty own interest or convenience

Question 36

Rule 1.5(a): Fees (reasonable factors)

Answer 36

atty shall not make agreement for, charge, or collect unreasonable fee or unreasonable amt for expenses - factors: time/labor involved; novelty/difficulty of ?s; skill requisite; likelihood acceptance will preclude employment for atty; fee customarily charged; amount involved; results obtained; if fee is contingent or fixed; etc

Question 37

Rule 1.5(b): Fees

Answer 37

scope of rep & rate shall be comm to client, preferably in writing, before or w/in reasonable time after rep starts except when atty will charge regularly represented client on same rate. any changes shall be communicated

Question 38

Rule 1.5(c): Fees (contingent)

Answer 38

may be contingent except when prohibited by (d); must be signed by client in writing; state method how fee calculated; % for expenses and atty fee; whether expenses deducted before or after fee is calculated; state outcome in written agreement

Question 39

Rule 1.5(d): Fees (prohibited)

Answer 39

no arrangement for, charge, or collect: (1) any fee in domestic relations matter, payment of amt which is contingent upon securing of divorce or alimony; or (2) a contingent fee for a criminal defendant

Question 40

Rule 1.5(e): Fees (dividing fees)

Answer 40

dividing fees between atty not in same firm made only if: (1) div in prop to services performed by each or each atty assumes joint responsibility for rep; (2) client agrees in writing; (3) total fee is reasonable

Question 41

Rule 1.5(1): Fees (reasonableness - reimbursement)

Answer 41

factors not exclusive; may seek reimbursement for cost of services performed in-house

Question 42

Rule 1.5(2): Fees (basis or rate)

Answer 42

in new atty-client relationship an understanding as to fees and expenses must be promptly established

Question 43

Rule 1.5(3): Fees (contingent)

Answer 43

contingent fees subject to reasonable standard; check factors and applicable law

Question 44

Rule 1.5(4): Fees (term of payment)

Answer 44

may require advance payment of fee, but obliged to return any unearned portion; may accept property in payment for services if doesn’t involve acquisition of proprietary int in the cause of action

Question 45

Rule 1.5(5): Fees (ability to pay)

Answer 45

agreement may not be made with terms that might induce atty improperly to curtail services or perform them not in their best interest; it is proper to define extent of services in light of ability to pay

Question 46

Rule 1.5(6): Fees (prohibited contingent)

Answer 46

does not preclude a contract for a contingent fee for rep in connect w/ recovery of post-judgment balances due under support or alimony

Question 47

Rule 1.5(7): Fees (dividing)

Answer 47

division of fee is single bill to client; often used when fee is contingent; joint responsibility entails financial & ethical responsibility as if attys were in a pts

Question 48

Rule 1.5(9): Fees (disputes)

Answer 48

if procedure has been established to deal w/ dispute, atty must comply w/ when mandatory and even when voluntary, atty should consider submitting.

Question 49

Rule 1.6(a): Confidentiality of Information

Answer 49

atty shall not reveal info relating to rep of client unless gives informed consent, disclosure impliedly authorized to carry out rep, or disclosure permitted by (b)

Question 50

Rule 1.6(b): Confidentiality of Information

Answer 50

atty may reveal info relating to rep to extent atty reasonably believes nec to: (1) prevent reasonably certain death or substantial bodily harm; (2) prevent client from commit crime or fraud reasonably certain to result in sub injury to financial int or prop of another and in furtherance of which client has used or is using atty services; (3) prevent, mitigate, or rectify sub injury to fin int or prop that is reasonably certain to result or has result from client’s comm of crime or fraud where client used atty services; (4) secure legal advice about atty compliance w/ Rules; (5) establish claim or defense on atty behalf; (6) comply w/ law or court order; (7) detect & resolve COI but only if revealed info would not compromise the arty-client privilege or prejudice client

Question 51

Rule 1.6(c): Confidentiality of Information

Answer 51

atty shall make reasonable efforts to prevent inadvertent or unauthorized disclosure of or access to info relating to rep of client

Question 52

Rule 1.9(a): Duties to Former Clients

Answer 52

atty who has formerly rep client in matter shall not rep another in same or substantially related matter in which that person’s int are materially adverse to int of former client unless former client gives informed consent in writing

Question 53

Rule 1.9(b): Duties to Former Clients

Answer 53

atty shall not knowingly rep a person in same or sub similar matter in which firm where atty was formerly associated had previously repped a client who: (1) int are materially adverse to that person; (2) about whom atty had acquired info that is material to matter; unless former client gives informed consent in writing

Question 54

Rule 1.9(c): Duties to Former Clients

Answer 54

atty who has formerly rep a client in a matter whose present or former firm has formerly rep a client in a matter shall not (1) use info relating to rep to disadvantage of former client, except when Rules allow or require or info becomes generally known; or (2) reveal info relating to rep except as Rules permit or require.