MPRE:

Question 1

when must an atty report violations

Answer 1

A lawyer who KNOWS another lawywer has committed violation that raises SUBSTANTIAL QUESTION as to honesty, trust, or fitness as lawyer MUST report.

Question 2

When may an atty practice outside of the jx

Answer 2

When: reasonable relation to their practice; associate with local laywer; or particpate; or obtain special permission (pro hac)

Question 3

Partnerships with non laywer

Answer 3

a lawyer must not form a partnership with non-lawyer if any activities constitute the practice of law

Question 4

subordinate lawyers

Answer 4

protected from violations that result from reasonable resolution of an arguable question of rule

Question 5

selling a law practice

Answer 5

Must sell entire practice; have written notice to client; fees can’t change; seller ceases to practice in the area.

Question 6

Client relationship formed when

Answer 6

A person manifests an intent and the lawyer agrees or does not make clear she does not want a relationship

Question 7

What is the client to decide

Answer 7

settle, pleas, expenses to incur, testify in crim or waive jury trial

Question 8

Withdrawal: A lawyer MUST WHEN

Answer 8

if the rep results in violation of rules; physical or mental condition; or lawyer is discharged by the client

Question 9

Withdrawal: A lawyer MAY when

Answer 9

good cause, which is finaincial hardship,

Question 10

When a lawyer withdraws, a lawyer should do what

Answer 10

give reasonable notice; refund any advance payments; return files

Question 11

Requirements for a contingent fees

Answer 11

must be reasonable and communitated, must be in writing

Question 12

Sharing a fee with other lawyers

Answer 12

IN a firm it is okay. Outside of firm, you must make sure it is proportionate to the the work, client agrees, and the fee is reasonable.s

Question 13

Confidentiality: A lawywer shall not reveal info relating to rep, unless

Answer 13

there is informed consent.

Question 14

Confidenality exceptions: CCCCCC

Answer 14

Certain death/injury; crime or fraud; compliance with the rules; controverary between client and lawyuer; court order; conflicts of interest

Question 15

Current Client Conflicts: a lawyer shall not rep a client if conflict exists when:

Answer 15

the rep of one client is DIRECTLY ADVERSE; or there is a signficant risk that the rep will be MATERIALLY LIMITED.

Question 16

if there is a conflict of itnerest a atty may rep if she

Answer 16

REASONABLY beleives she can provide rep, it is not prohibited by law; the client is not against the other; and client gives informed consent

Question 17

Former clients of the lawyer

Answer 17

Shall not rep another person in the same or substantially related matter when it is materially adverse to former

Question 18

Former clients of law firm a lawyer who has conf info about a client; shall not rep a client when the lawyer works for a different firm unless

Answer 18

informed consent, confirmed in writing.

Question 19

IMputed conflcits

Answer 19

A law firm is imputed to conflicts of the attys in the firm. The firm may take case if conflicted atty is screened; no fee given; and notice to former client.

Question 20

Transactions with clients-a lawyer shall not enter into a buiness transaction with a client unless (FARIIS)

Answer 20

The transaction is FAIR AND REASONABLE; CLIENT IS ADVISED IN WRITING; GIVEN REASONABLE OPP TO SEEK ADVICE OF INDEPENDANT COUNSEL; AND CLIENT GIVES INFORMED CONSENT, IN WRITING.

Question 21

Gifts rules

Answer 21

Lawyer shall not solicit any substantial gift from a client, or prepare document that gives gift. Unless client is related.

Question 22

Literary/Media Rights

Answer 22

PRIOR to the conclusion of rep, a lawywer shall not make agreement giving the lawyer rights to portyral based in substantial part relating to the rep

Question 23

Financial assistance to client

Answer 23

Shall not provide fin assist except for court costs, or if indigent client

Question 24

Proprietary itnerest

Answer 24

Shall not have prop interest in the cause of action, except contgent fees

Question 25

Thrid party payments

Answer 25

May pay with informed consent and they dont’ interfere.

Question 26

Waiving malpractice liability

Answer 26

Shall not do so. Unless the client is independently rep’d in making the agreement.

Question 27

sex relations

Answer 27

none with client unless existed before. not imputed to the rest of firm

Question 28

lawyers/judges in gov’t service: They may not rep a client in connection with a matter the lawyer participated personally and substantially in; unless

Answer 28

the appropiate gov’t agency gives its informed consent, confirmed in writing.

Question 29

Competence:

Answer 29

can gain by taking education or assistance with comptent atty

Question 30

Candor to tribunal: lawyer shall not- make ______ statement; fail to disclose________; offer evidence lawyer ________

Answer 30

false statement of law; legal authority in controlling jx known to be directly adverse; offer evidence that lawywer knows is false

Question 31

Trial publicity: lawyer participating in litigation shall make an

Answer 31

extrajudiical statement by means of public comms that has substantial likelihood of materially prejudicing.

Question 32

What can a laywer do when OC says prejudicial statement in press

Answer 32

they have right to reply and make statement that is reasonably required to correct prejudice.

Question 33

Can lawywer be witness

Answer 33

no, unless it is about uncontested issue or relates to legal services

Question 34

Comms with a rep’d person not your client

Answer 34

Don’t comm about the subject of the rep when you known

Question 35

comms with unrep’d person

Answer 35

may comms with unrep’d but may not state they are disinterested.

Question 36

Lawyer repping org: duty to?

Answer 36

the org, not peopl

Question 37

Org lawywer duty to report

Answer 37

if someonne is acting to substantial injure the org, the lawywer shall proceed with reasonable necessary actions to protect org. CAn report outside of org, if they reasonably believe they must

Question 38

Disputed property

Answer 38

Always keep the disputed amount until resolved.

Question 39

Soliciting: A lawyer shall not in person, live phone, or e contact with motive to have pecuniary gain unless

Answer 39

the person contacts is a lawyer; family; or has a close personal relationship; or prior professional relationship with lawyer

Question 40

Appointments by court; unless

Answer 40

Can’t avoid unless; result in violation of rules; fin hardship; client is repugnant.

Question 41

Reforming the law: (director of org) When the laywer that the interests of a client may be materially benefitted by a decision in which hte lawyer participates,

Answer 41

the lawyer shall disclose that fact, but need not ID client

Question 42

Judge conduct: What disqualifies

Answer 42

If judges impartaility might be reasonably questionsed.

Question 43

what can case impartaility to be ?’d in judge?

Answer 43

family member is party; has interest in outcome; judge knows party/lawyer has contributed to judges campaign; judge made public statement

Question 44

judge gifts

Answer 44

Judge shall not accept gifts or value that undermines crediability;

Question 45

judge appearing before gov’t boduies

Answer 45

Can’t do so unless it is in connection with matters concerning the law; or admin of justice; of judge has expersite; or when judge is acting pro se.

Question 46

Judge has witness

Answer 46

CAn testify to facts but not character

Question 47

Judge practing law

Answer 47

Can’t do so. Unless pro se,, can draft documents for family.

Question 48

judge discriminatory org

Answer 48

Can’t hold membership. Exception for religion.