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MPRE Flashcards

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1
Q

A lawyer must not form a partnership with a _______ if any part of the partnership activities will constitute the practice of law.

A

nonlawyer

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2
Q

States can make their own admission requirements but they must be ______________ to the practice of law.

A

rationally related

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3
Q

True or False

Residency or citizenship requirements are valid admission requirements.

A

False

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4
Q

While applying to get licensed, you and your references may not knowingly make ____________ of material facts.

You and your references must respond to ______ requests for information.

You and your references must correct any ________________.

A

false statements

all

misunderstandings

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5
Q

True or False

A judge’s finding of race discrimination during a peremptory challenge is not enough to face discipline.

A

True

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6
Q

True or False

A mere suspicion of a RPC violation does not trigger mandatory reporting.

A

True

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7
Q

A lawyer must report another lawyer if that lawyer’s RPC violation raises a _________________ as to that lawyer’s honesty, trustworthiness, or fitness to practice law.

A

substantial question

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8
Q

________ state where a lawyer is admitted to practice holds the authority to discipline that lawyer, regardless of where the misconduct occurred.

Even if a lawyer is not admitted in a state, that state has the authority to discipline that lawyer if the lawyer provided or even offered ____________ in the state.

A

Any

legal services

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9
Q

A lawyer must not form a partnership with a nonlawyer if ___________ part of the partnership activities will constitute the practice of law.

A

any

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10
Q

Negotiating on a client’s behalf, appearing in judicial proceedings on a client’s behalf, and giving legal advice are generally considered the ________________________ of law when done by a nonlawyer.

However, a nonlawyer may __________________, do legal research, and draft documents with proper supervision.

A

unauthorized practice

interview clients

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11
Q

A lawyer can practice in states they are not licensed in if they have at least one active license and are not ______________ or _______________ in any state.

A

disbarred, suspended

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12
Q

Each partner and manager at a firm must make sure to have ___________ in place so that its lawyers will follow the rules of professional conduct.

A

measures

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13
Q

Each supervisory lawyer needs to make ______________ to ensure that its subordinates comply w/the rules of professional conduct.

A

reasonable efforts

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14
Q

A superior will be vicariously liable if they ________ or ________ a subordinate’s work.

A superior will be vicariously liable if they fail to take ____________________ actions.

A

ordered, ratified

reasonable remedial

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15
Q

True or False

A subordinate lawyer is bound by the RPC even if acting at the direction of another lawyer.

A

True

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16
Q

A subordinate lawyer is not subject to discipline if their action was a ____________________ of an arguable question of professional duty (borderline case).

A

reasonable resolution

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17
Q

What are the four exceptions for when lawyers can share fees with nonlawyers?

A

Paying death benefits to a deceased lawyer’s estate.

Sharing a court-awarded legal fee with the nonprofit organization that hired or recommended the lawyer in the matter.

Purchasing the law practice of a deceased, disabled, or disappeared lawyer.

Paying the firm’s administrative assistants a salary or bonus.

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18
Q

Law firm related agreements cannot _________ a lawyer’s right to practice law when the relationship ends. (non-competes not allowed)

A

restrict

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19
Q

Settlement agreements for clients cannot ___________ right to practice law

A

restrict

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20
Q

A seller must sell an _________ practice or ________ area of practice.

A

entire

entire

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21
Q

A seller must give notice to all of their clients. What three things must the notice contain?

A

Sale

Right to obtain counsel or possession of files

Consent to have files transferred if clients don’t respond within 90 days

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22
Q

Once a seller sells, they cannot engage in that practice of law in that _______ area.

A

local

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23
Q

True or False

A buyer must honor any existing fee agreements.

A

True

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24
Q

An attorney-client relationship does not apply to an entity that provides law related services even if that entity is owned by a lawyer as long as the lawyer takes ___________ measures to let the clients know.

A

reasonable

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25
Q

A lawyer can’t make or offer an agreement that includes a ___________ on the lawyer’s right to practice as part of the settlement of a client controversy.

A

restriction

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26
Q

A lawyer can’t make or offer a partnership, employment, or similar agreement that restricts a lawyer’s right to practice after ____________ of the relationship (except for an agreement concerning retirement benefits).

A

termination

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27
Q

When a law practice is sold, the seller generally has to _________ practicing law in the local area.

A

stop

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28
Q

A lawyer is subject to discipline for a disciplinary violation committed by a second lawyer if: (i) the first lawyer _______ the second lawyer’s misconduct or knew about it and ________ it; or (ii) the first lawyer is a partner or manager or has direct supervisory responsibility over the second lawyer, and knows about the misconduct at a time when its consequences can be avoided or mitigated and fails to take _______________ action.

A

ordered

ratified

reasonable remedial

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29
Q

The partners and managers in a law firm have to make reasonable efforts to assure that the conduct of ___________ who are associated with the firm is compatible with the obligations of the profession.

A

nonlawyers

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30
Q

Orders from a supervisory lawyer are no excuse for clearly __________ conduct—a lawyer has to follow the ethics rules even when acting under the direction of another person.

A

unethical

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31
Q

A subordinate lawyer doesn’t violate the rules of professional conduct by acting in accordance with a supervisor’s reasonable resolution of an __________________ of professional duty.

A

arguable question

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32
Q

If a lawyer provides nonlegal services in circumstances that aren’t distinct from the provision of legal services, then the rules of professional conduct apply to _______ the legal and nonlegal services.

A

both

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33
Q

If a lawyer provides nonlegal services through an entity that isn’t her law office but that she controls (either alone or with other lawyers), that lawyer must take reasonable steps to assure that _________ who receive the nonlegal services understand that those services aren’t legal services and that the rules of professional conduct don’t cover those services.

A

clients

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34
Q

True or False

It is valid for a state to require an applicant for admission to the bar to take an oath to uphold the state and federal constitutions.

A

True

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35
Q

A lawyer is subject to discipline for committing a criminal act that reflects adversely on his honesty, ____________, or fitness as a lawyer in other respects.

A

trustworthiness

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36
Q

A lawyer can’t engage in conduct related to the practice of law that the lawyer knows or reasonably should know is ____________ or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, or socioeconomic status.

A

harassment

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37
Q

True or False

Insulting a family member at a holiday isn’t conduct related to the practice of law.

A

True

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38
Q

True or False

Using an ethnic slur against another guest at a social event held by the bar association isn’t conduct related to the practice of law.

A

False

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39
Q

True or False

Efforts aimed at recruiting, hiring, retaining, or advancing diverse employees are permitted.

A

True

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40
Q

A lawyer who _________ that another lawyer has violated the rules of professional conduct in such a way that it raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer must report the violation to the appropriate professional authority.

A

knows

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41
Q

A lawyer is subject to regulation by ______ state in which the lawyer is admitted to practice, regardless of where the lawyer actually practices law or where the lawyer’s conduct occurred.

A lawyer is also subject to discipline in any other state where the lawyer _________ or ________ to provide legal services.

A

each

provides, offers

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42
Q

A lawyer-client relationship can also be formed indirectly where the lawyer gives implied assent (such as by failing to _________ decline the representation) and the client _________ relies on the lawyer to provide the services.

A

clearly

reasonably

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43
Q

A lawyer-relationship can be formed in three ways. What are they?

A

Explicit agreement, reasonable reliance, and court appointments

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44
Q

What is an exception to disclosing fees?

A

When there is a routine representation of a regular client.

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44
Q

True or False

Changes to fees must be communicated.

A

True

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45
Q

When must a lawyer communicate their fees?

A

Before or a reasonable time after beginning representation.

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46
Q

All fees, even contingency fees, must be ________.

A

reasonable

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47
Q

Do retainer fees need to be refunded?

A

No

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48
Q

True or False

Contingency fees are allowed in criminal cases.

A

False

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49
Q

True or False

Contingency fees are allowed in domestic relations cases.

A

False

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50
Q

Contingency fee agreements must be in _________ and ________ by the client.

A

writing, signed

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51
Q

What must a contingency fee agreement contain?

A

Signature, list of expenses, and fee calculation

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52
Q

True or False

Regarding contingency fees, a lawyer must provide a written statement at the case’s conclusion.

A

True

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53
Q

True or False

Referral fees are allowed.

A

False

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54
Q

To split a fee with a lawyer from a different firm, _______ lawyers must be involved or responsible for the case.

And the client must _______ in writing.

A

both

consent

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55
Q

Requirements for dividing fees apply only where a lawyer shares a legal fee with an __________ attorney. Lawyers within the same firm can divide fees however they want.

A

outside

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56
Q

A lawyer can limit the scope of the representation as long as the limitation is __________ under the circumstances.

A

reasonable

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57
Q

True or False

A lawyer can discuss the legal consequences of an illegality or fraudulent activity.

A

True

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58
Q

In a civil case, the client decides whether to _______ the matter.

A

settle

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59
Q

In a criminal case, what four things does a client decide?

A

What plea to enter, whether to waive a jury trial, whether the client will testify, and whether to appeal.

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60
Q

Actual authority means the client gave you authority impliedly or ________.

A

explicitly

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61
Q

A lawyer’s actions will bind the client when they have ______ or _________ authority.

A

actual, apparent

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62
Q

Apparent authority exists when the lawyer does something on the client’s behalf and the third party ________ believes you have authority because of something the client did.

A

reasonably

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63
Q

When does actual or apparent authority end?

A

When client revokes it, case ends, the client dies, or you are somehow unable to represent them.

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64
Q

True or False

A lawyer is impliedly authorized to reveal information to the extent necessary when dealing with a vulnerable client, even if the client tells you not to.

A

True

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65
Q
A
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66
Q
A
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67
Q

A lawyer must ________ the client regularly, respond to reasonable requests for info, and promptly disclose anything that requires their _______ consent.

A

update

informed

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68
Q

A lawyer must ________ inform the client of settlement and plea bargain offers, unless the client has _________ authorized acceptance or rejection of certain offers beforehand.

A

promptly

expressly

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69
Q

What are the three mandatory grounds for withdrawing from a case?

A

Lawyer’s physical or mental condition materially impairs representation

Representation requires lawyer to violate RPC or other law

Fired

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70
Q

When can a lawyer permissively withdraw?

A

Whenever termination would not have a material adverse impact on the client’s interests.

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71
Q

Even if there would be a material adverse impact to a withdrawal, a lawyer can withdraw if: (7)

A

The client is doing something criminal or fraudulent involving lawyer’s services

The client already used your services in past crime or fraud

The clients actions are repugnant

The client makes it unreasonably difficult to represent them

The client hasn’t paid you and has been warned

Representing the client presents an unreasonable financial burden

Other good cause

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72
Q

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

A

Although a writing is preferable, it is generally not required, except in contingent fee agreements

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73
Q
A
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74
Q

True or False

A lawyer may require their fee to be paid in advance, but they must refund any unearned part of the advance if they withdraw or are fired.

A

True

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75
Q

True or False

A split between lawyers of different firms need not be in proportion to each lawyer’s services if each lawyer assumes joint responsibility for the matter.

A

True

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76
Q

If the client expects the lawyer to do something that is illegal or unethical, the lawyer must consult with the client and _________ why he can’t do what the client wants.

A

explain

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77
Q

When the client has diminished capacity and faces a risk of substantial physical, financial, or other harm, the lawyer may take _________ actions to protect the client.

When taking protective action, the lawyer has implied authority to reveal the client’s confidential information, but only to the extent reasonably ___________ to protect the client.

A

reasonable

necessary

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78
Q

If an adversary offers to settle a civil case, or offers a plea bargain in a criminal case, the lawyer must promptly convey the offer to her client unless the client has ___________ instructed the lawyer that an offer on those terms is acceptable or unacceptable or has authorized the lawyer to accept or reject such an offer.

A

previously

79
Q

A lawyer MUST withdraw from a case when: (1) the client fires the lawyer; (2) the representation would require the lawyer to violate the law or the rules of professional conduct; or (3) __________________.

A

The lawyer’s physical or mental condition materially impairs their ability to represent the client.

80
Q

When an attorney seeks to withdraw from a case and the court denies the necessary permission, the attorney has to ___________ the representation. This is true even if the lawyer attempted to withdraw on a mandatory ground

A

continue

81
Q

When a client hires a lawyer on a contingent fee basis and then fires the lawyer before the case is over, the lawyer is still entitled to recovery for the ___________ value of the work done before the firing. However, the lawyer’s claim doesn’t arise until the contingency comes to pass.

A

reasonable

82
Q

The attorney-client privilege applies to consultations with prospective clients even if the lawyer isn’t ultimately _________.

A

hired

83
Q

The attorney-client privilege protects only ____________ communications between the attorney and client (or the agents of either of them).

The ethical duty, in contrast, covers not only confidential communications, but also any other information that the attorney obtains relating to the ____________ of the client, from any source.

A

confidential

representation

84
Q

Unlike the attorney-client privilege, the ethical duty of confidentiality protects more than confidential communications. It applies to any information relating to the representation, from ________ source.

A

any

85
Q

For purposes of the attorney-client privilege, a “client” means a person that seeks legal services from an attorney. The privilege covers preliminary communications leading up to an attorney-client relationship, even if no such relationship _________.

Similarly, the ethical duty of confidentiality applies to information gained during __________ with prospective clients.

A

develops

consultations

86
Q

True or False

Both the attorney-client privilege and the duty of confidentiality survive termination of the representation, and even the client’s death.

A

True

87
Q

If a lawyer and a client had a discussion in a crowded courtroom, it would not be privileged, but under modern evidence law, a communication remains privileged if an __________ is present.

A

eavesdropper

88
Q

The presence of a third party will not destroy the confidentiality if the third party was present to help _______ the attorney-client relationship.

A

further

89
Q

Usually the attorney-client privilege doesn’t cover the mechanical details of the attorney-client relationship, such as the ______ of the client, the fee arrangement between the attorney and client, and the bare fact that the attorney is acting for the client

A

identity

90
Q

The attorney-client privilege applies to consultations with prospective clients, but the attorney-client privilege doesn’t apply if the client is seeking the attorney’s services to engage in or assist a _________ crime or fraud.

A

future

91
Q

The attorney-client privilege covers both oral and written communications, but the client can’t protect a ___________ document or thing from discovery simply by turning it over to the attorney.

If the document or thing would be __________ in the client’s hands, it’s equally discoverable in the attorney’s hands.

A

preexisting

discoverable

92
Q

By forwarding the e-mail to a third party, Allison ___________ her attorney-client privilege.

However, the ethical duty of _________ applies to information relating to the representation even if some third parties know about it.

A

waived

confidentiality

93
Q

A lawyer may reveal the client’s confidential information to the extent necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in __________ financial harm to someone, if the client is _______ or has used the lawyer’s services in the matter. The same is true if the client has already acted, and the lawyer’s disclosure can prevent or mitigate the consequent financial harm.

A

substantial

using

94
Q

The attorney-client privilege prevents disclosure of confidential communications that were made for the __________ of obtaining or providing legal services.

A

purpose

95
Q

What are the four exceptions to attorney-client privileged communications?

A

1) When a client is looking for you to help them engage in a future crime or fraud and then carries out that crime or fraud.

2) During a dispute arising out of the attorney-client relationship

3) During a civil dispute between former joint clients

4) During certain wills and gift cases where a deceased client’s competency or intent is disputed

96
Q

Anything you prepare in anticipation of litigation is not discoverable and you cannot be compelled to disclose it, unless the other side shows that they have a _________ need for the material and they can’t get it without _________ hardship.

A

substantial

undue

97
Q

True or False

Mental impressions and opinions do not need to be disclosed even if there would be undue hardship.

A

True

98
Q

Speaking in hypotheticals about confidential information is ok as long as there is not a reasonable _________ that the person will not know who you’re talking about.

A

likelihood

99
Q

An attorney can disclose confidential information if the client has given ______ consent or when the disclosure serves the client’s ________.

A

informed

interest

100
Q

A lawyer can disclose confidential information to prevent reasonably certain ________ or _________ bodily harm.

A

death

substantial

101
Q

A lawyer can disclose confidential information to ______ with a court order or other law.

A

comply

102
Q

A lawyer can disclose confidential information to prevent a client from committing a crime or fraud if….

A

the client has used or is using your services in furtherance of the crime or fraud.

103
Q

A lawyer can disclose confidential information to prevent, mitigate, or rectify the financial injury of a past crime or fraud if…..

A

the client has used your services in furtherance of the crime or fraud.

104
Q

True or False

A lawyer cannot disclose confidential information when seeking legal advice.

A

False

105
Q

Direct adversity exists when a lawyer represents one client in a matter adverse to another current client, even where the lawyer represents the clients in __________ matters.

Thus, a lawyer must address the conflict by obtaining informed _________, confirmed in writing, from both parties.

A

unrelated

consent

106
Q

A lawyer must never be on opposite sides of the same _________.

A

litigation

107
Q

Generally, a lawyer may take _________ legal positions in different tribunals at different times on behalf of different clients, and that on its own doesn’t create a conflict of interest.

However, a conflict exists if there is a significant risk that a lawyer’s action on behalf of one client will materially limit the lawyer’s representation of another client in a different case: for example, when a decision favoring one client will create a _________ likely to seriously weaken the position taken on behalf of the other client.

A

inconsistent

precedent

108
Q

The rule for business transactions and adverse financial interests does not apply to: (i) an ordinary fee agreement between a lawyer and client, or (ii) ________ commercial transactions in which the lawyer buys goods or services that the client routinely markets to the public.

A

standard

109
Q

What are the four requirements for a lawyer to enter into a business transaction with a client?

A

The terms are fair and reasonable to the client

The terms are in writing and can be reasonably understood by the client

The client is advised in writing that they should seek the advice of independent legal counsel on the transaction and is given a reasonable opportunity to do so

The client gives informed consent in a signed writing

110
Q

A lawyer must not _________ a substantial gift from a client or prepare an instrument giving the lawyer, or the lawyer’s relative, any substantial gift from a client except when the client is ________ to the donee.

A

solicit

related

111
Q

The conflicts rule for gifts from clients doesn’t prohibit a lawyer from _________ to have herself or her colleague named as executor of an estate or counsel to the executor or to some other fee-paying position. There may be a general conflict, though, if the lawyer’s interest in obtaining the appointment will ________ limit the lawyer’s judgment in advising the client concerning the choice of an executor or other fiduciary.

A

seeking

materially

112
Q

A lawyer must not provide financial assistance to a client in connection with pending or contemplated litigation. This includes gifts, loans, and even guaranteeing a third party’s loan to the client. There are three exceptions to this rule. What are they?

A

First, a lawyer may advance court costs and other litigation expenses on any client’s behalf, and repayment may be contingent on the outcome of the case. Thus, it would be proper to advance a non-indigent client’s court reporter fees and forgive repayment if the client loses.

Second, a lawyer may simply pay the court costs and litigation expenses for an indigent client, without any provision for repayment, so it would be proper to pay an indigent client’s expert witness fees outright.

Third, a lawyer who is representing an indigent client pro bono can provide the client with modest gifts for basic living expenses.

113
Q

A lawyer must not acquire literary or media rights to a story based in __________ part on information relating to the lawyer’s representation of a client (e.g., a lawyer representing a client in a pending murder trial must not acquire rights to a book about the case).

A

substantial

114
Q

A lawyer may accept compensation from a third person for representing a client, as long as…..

A

The client gives informed consent

The third party does not interfere with the lawyer’s representation

The arrangement does not disclose confidential information

115
Q

A lawyer must not have a sexual relationship with a client; the sole exception is when the lawyer and client had a consensual sexual relationship ________ the lawyer-client relationship began.

A

before

116
Q

Which two conflict situations require the clients to provide informed consent in a signed writing?

A

Business transactions and aggregate settlement agreements

117
Q

With former clients, a conflict arises if the matters are the same or ________ related.

To get around the client, the former client must _________.

A

substantially

consent

118
Q

A lawyer in a firm who has confidential information about a former client ________ work on the opposite side of the former client’s case, unless they _________.

A

cannot

consent

119
Q

A lawyer in a firm who has confidential information about a former client may be ________ so that the entire firm is not imputed.

A

screened

120
Q

What are the three requirements to properly screen a lawyer from a case?

A

No fees

No access

Notice to former client

121
Q

The “significantly harmful” standard is unique to _________ client conflicts.

A

prospective

122
Q

A lawyer must not represent a
client if the representation creates a concurrent conflict of interest. A concurrent conflict exists in two situations:

A

a. The representation of one client will be directly adverse to another
client; or

b. There is a significant risk that the representation of one client will
be materially limited by the lawyer’s own interest or by the lawyer’s
responsibilities to another client, a former client, or a third person.

123
Q

Despite a concurrent conflict of interest, a lawyer may represent a client if all four of the following conditions are satisfied:

A

(1) the lawyer reasonably
believes that he can competently and diligently represent each affected
client, despite the conflict of interest;

(2) the representation is not prohibited by law;

(3) the representation does not involve asserting a claim by one
client against another client represented by that lawyer in the same litigation (or other proceeding before a tribunal);

and (4) each affected client gives
informed consent, confirmed in writing.

124
Q

Only informed consent will solve a conflict. That means that the affected client is _______ of all of the relevant circumstances, reasonable alternatives, and foreseeable ways the conflict might harm her.

A

aware

125
Q

A consent that is merely oral will not solve a conflict. The consent must
be “confirmed in writing.” Usually that means either of two things:

A

(1) there is a tangible or electronic record that is physically or electronically signed by the client; or

(2) there is an oral consent that is promptly memorialized in a tangible or electronic record that is promptly sent to the client.

126
Q

A lawyer must not solicit a substantial gift from a client who is not the lawyer’s _______.

A

relative

127
Q

A lawyer cannot prepare a legal
instrument (such as a will or a deed of property) that creates a substantial gift to the lawyer (or the lawyer’s relative), except when the donor is one of the lawyer’s ________.

A

relatives

128
Q

True or False

A lawyer is not prohibited from seeking to have himself or his law partner or associate named as executor of an estate or counsel to the executor or to some other fee-paying position.

A

True

129
Q

A lawyer must not acquire literary or media rights to a story based in _______ part on information relating to the lawyer’s representation of a client. However, a lawyer may acquire such rights _______ the client’s legal matter is entirely completed, appeals and all.

A

substantial

after

130
Q

A lawyer may ________ court costs and other litigation expenses on the
client’s behalf, and repayment may be contingent on the outcome of the
case

A

advance

131
Q

A lawyer may simply _______ the court costs and litigation expenses for an
indigent client, without any provision for repayment.

A

pay

132
Q

A lawyer representing an indigent client pro bono may provide modest gifts (not loans) to the client for basic living expenses. However, the
lawyer must not:

A

(1) promise or imply the availability of such gifts prior to retention

(2) seek or accept reimbursement from the client or
anyone affiliated with the client;

or (3) publicize or advertise a willingness to provide such gifts to prospective clients.

133
Q

A lawyer must not accept compensation from a third person for representing a client, unless three conditions are met:

A

a. The client gives informed consent;

b. The third person does not interfere with the lawyer’s independence or
the representation of the client; and

c. The arrangement does not compromise the client’s confidential information.

134
Q

When a lawyer has obtained confidential information from a former client, the lawyer must not thereafter use the confidential information to the former
client’s disadvantage, unless the former client gives informed _______, confirmed in writing. This rule does not apply to information that has become ________ known.

A

consent

generally

135
Q

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

A

substantially

136
Q

A lawyer who obtains confidential information during a consultation with a prospective client must not later represent a different person in the same or a substantially related matter if the confidential information could ________ harm the prospective client.

A

significantly

137
Q

A lawyer who leaves government
service and enters private practice must not represent a private client in a matter in which the lawyer participated ________ and ________ while in government service, unless the government agency gives informed consent, confirmed in writing

A

personally

substantially

138
Q

A government lawyer who receives confidential government information
about a person must not later represent a private client whose interests are adverse to that person, when the information could be used to the ________ disadvantage of that person.

A

material

139
Q

If a lawyer worked “personally and substantially” on a “matter” in private practice or other nongovernmental employment, the lawyer must _______ work on that same matter when she later enters government service, unless there is informed consent confirmed in writing.

A

not

140
Q

When a person in government service is currently working personally and substantially on a matter, she must not negotiate for private employment with any party or lawyer who is involved in that matter. There is a special exception for ________ who are seeking work after their clerkships end.

A

law clerks

141
Q

A lawyer must not represent a private client in a matter in which the lawyer has earlier participated personally and substantially while serving as a judge or ________,
unless _____ parties to the proceedings give informed consent, confirmed in
writing.

A

neutral

all

142
Q

When it comes to settling a malpractice claim, it is ________for the lawyer to advise the client in writing to obtain independent counsel in the settlement. When it comes to prospectively limiting malpractice liability, the client must _______ be represented by independent counsel in the agreement.

A

sufficient

actually

143
Q

How can a lawyer solve a competency problem?

A

A lawyer can solve a competence problem with adequate preparation, or by associating with an attorney who is competent.

144
Q

When it comes to malpractice claims, a lawyer generally doesn’t owe a legal duty to nonclients. However, a lawyer may owe a duty to nonclients in certain circumstances, including when the nonclient was intended to _______ from the lawyer’s services.

A

benefit

145
Q

Generally, the standard of care for an attorney is the competence and diligence normally exercised by attorneys in similar circumstances. However, if an attorney represents to a client that she has greater competence (e.g., is a specialist) or will exercise greater diligence than that normally demonstrated by attorneys undertaking similar matters, she is held to that ________ standard.

A

higher

146
Q

A lawyer may settle a malpractice claim or potential claim made by an unrepresented client or a former client, but only if the lawyer first advises the client in writing to ________ the advice of an independent lawyer about the settlement, and the lawyer gives the client a _________ chance to obtain such advice.

A

seek

reasonable

147
Q

A lawyer must not make an agreement with a client that prospectively waives or limits the lawyer’s liability for legal malpractice, except in the unlikely event that the client is independently __________ in making the agreement.

A

represented

148
Q

An attorney is subject to discipline for knowingly failing to disclose to the court a legal authority in the _______ jurisdiction that’s directly adverse to the client’s position and that hasn’t been disclosed by the opposing counsel.

A

controlling

149
Q

When a lawyer in a civil matter learns that his client has testified falsely or is about to testify falsely, the lawyer’s path is clear. If the client hasn’t yet testified, the lawyer ____________ call the client to the stand.

A

cannot

150
Q

A lawyer must refuse to offer evidence that he _____ is false.

A

knows

151
Q

If you _______ your criminal defendant client will lie on the stand:
Step 1: Try to convince client not to lie, otherwise;
Step 2: Consider withdrawing, otherwise;
Step 3: Tell the court what is happening

A

know

152
Q

A lawyer may refuse to offer evidence that she reasonably believes is false, except for a _________ defendant’s testimony on his own behalf. In such a case, the lawyer must _____ that the evidence is false.

A

criminal

know

153
Q

A lawyer is subject to discipline only for _________ offering false evidence.

A

knowingly

154
Q

The duty to rectify false evidence continues until the _______ of the proceedings, which means when a final judgment has been affirmed on appeal or the time for appeal has expired.

A

end

155
Q

Paying a witness’s reasonable travel expenses is generally permitted. Additionally, a lawyer may pay a reasonable fee to an expert witness for preparing to testify and for testifying. However, the fee can’t be contingent on either the content of the testimony or the outcome of the case. Thus, a victory bonus would be _________.

A

improper

156
Q

A lawyer may advise a person not to voluntarily give information to an opponent or other party if the following conditions are met: (i) the person is a client, or a relative, employee, or agent of a client; and (ii) the lawyer reasonably believes that the person’s interests will not be ________ by not volunteering the information.

A

harmed

157
Q

A lawyer connected with a case must not communicate (outside of official proceedings) with a juror or member of the panel from which the jurors will be chosen. This rule forbids communication on ______ subject—even a football game. It doesn’t matter who initiates the communication. If a juror or prospective juror attempts to communicate with a lawyer, the lawyer must refuse.

A

any

158
Q

True or False

Interviewing a willing juror after the jury has been discharged doesn’t violate the rules.

A

True

159
Q

True or False

The client’s consent is irrelevant to whether the lawyer may serve as both trial counsel and witness.

A

True

160
Q

The rule only prohibits a lawyer from communicating with a represented person about the _______. The rule applies even if the represented person initiates the conversation.

A

matter

161
Q

A lawyer needs permission from an organization’s lawyer to speak to anyone:

A

Who could be creating liability or responsibility on the part of the organization

Who is at the center of the claim

Who supervises or regularly consults the organization’s lawyer

162
Q

True or False

Consent is required to speak to former employees of an organization.

A

False

163
Q

When speaking to an unrepresented person, a lawyer must not appear __________.

A

disinterested

164
Q

A lawyer who represents a client in a matter must not communicate about the matter with a person the lawyer knows is ________ by counsel, unless that person’s counsel consents, or unless the law or a court order authorizes the communication.

A

represented

165
Q

The rule against contacting represented persons doesn’t prohibit represented persons from communicating ____ with each other, and a lawyer may advise their client regarding such communications.

A

directly

166
Q

The rule against communicating with persons who are already represented by an attorney in a matter only applies where the communication is _______ to the matter.

A

relevant

167
Q

When a lawyer knows or should know that her client’s interests are likely to be in _______ with those of an unrepresented person, the lawyer can’t give legal advice to that person (other than to get a lawyer).

A

conflict

168
Q

When a lawyer receives a document, and she knows or reasonably should know that it was sent by mistake, she must ___________ notify the sender so that the sender can take protective measures. Nothing else is required under the Model Rules

A

promptly

169
Q

When a lawyer has been asked to evaluate a client’s affairs for a third party, and the lawyer knows or should know that the evaluation will __________ harm the client, the lawyer must obtain the client’s informed consent before making the evaluation

A

materially

170
Q

Estimates of price or value placed on the subject of a transaction are ordinarily regarded as mere ______.

A

puffery

171
Q

True or False

Prosecutors must not make public statements that would heighten public condemnation of the accused, unless there is a legitimate law enforcement purpose

A

True

172
Q

When appearing in front of a legislative body or similar, lawyers must disclose if they’re appearing on _______ of a client, but may not identify them.

A

behalf

173
Q

In-house lawyers owe a duty to the organization itself, not the insider of the company, therefore lawyers have a duty to _______ inside organization.

A

executives

174
Q

In-house lawyers have a mandatory reporting obligation inside the company, but outside the company, lawyers have _________.

However, if a lawyer was hired to investigate a violation, you have no _______ to report outside.

A

discretion

authority or discretion

175
Q

If an organization’s lawyer reports a legal violation to the organization’s highest authority, but the highest authority fails to take timely, appropriate action, the lawyer may report the relevant information to appropriate persons outside of the organization if the lawyer reasonably believes that reporting is necessary to prevent ___________ injury to the organization. This is true even if the information would otherwise be protected by the duty of confidentiality.

A

substantial

176
Q

True or False

A lawyer may give a client not only legal advice, but also moral, economic, social, or political advice when relevant to the client’s situation, even if the client hasn’t requested such advice.

A

True

177
Q

When a lawyer has been asked to evaluate a client’s affairs for a third party, and the lawyer knows or should know that the evaluation will materially harm the client, the lawyer must obtain the client’s informed ___________ before making the evaluation.

A

consent

178
Q

A prosecutor must __________ disclose new, credible, and material evidence that creates a reasonable likelihood that a defendant was wrongly convicted. This is true even if the conviction occurred in a different jurisdiction. Additionally, if the conviction occurred in the prosecutor’s own jurisdiction, and the prosecutor knows of clear and convincing evidence that the defendant was innocent, the prosecutor must actually _______ to remedy the conviction.

A

promptly

seek

179
Q

When a lawyer appears on behalf of a client before a legislative body or administrative agency, the lawyer must _________ that she is acting in a representative capacity, but she isn’t required to identify the client.

A

disclose

180
Q

You must keep client’s property or money _________ from yours.

A

separated

181
Q

Funds that are advanced by the client must be placed into the client trust account, to be withdrawn as the fees are __________ and the expenses are incurred. The client cannot consent to placing the funds in the office account.

A

earned

182
Q

Any lawyer may state that they specialize (or are a “specialist” or “concentrate”) in a particular field of law based on their experience, specialized training, or education as long as the statement isn’t false or _________.

Note, however, that a lawyer cannot state or imply that they are a _____________ specialist unless: (1) they are certified by an approved organization and (2) they identify the name of the certifying organization in the communication.

A

misleading

certified

183
Q

Reciprocal referral arrangements do not involve the exchange of money; rather, one party ________ clients to the other party in exchange for the other party doing the same thing.

These arrangements cannot be ______; in other words, the parties cannot promise to refer clients only to each other.

It is true that _____ can be parties to these arrangements. A lawyer can enter into such an arrangement with either a lawyer or a nonlawyer professional.

A

refers

exclusive

nonlawyers

184
Q

Lawyers must not _______ employment by live person-to-person contact when significant motive is money. This includes live telephone and real-time audio or video contact. (policy = no pressure in real time)

Exception: relatives, close friends, or people you have a prior relationship with. (policy = they know you or they’re routine users of lawyers)

A

solicit

185
Q

Lawyers may _____ people who have made it known that they do not want solicitation.

A

not

186
Q

A lawyer generally may enter into a reciprocal referral agreement with another lawyer, or with a nonlawyer professional, if the agreement isn’t exclusive and the referred person is told about the agreement. However, such an agreement shouldn’t be __________ in duration.

A

indefinite

187
Q

A lawyer is subject to discipline for making a statement about a judge or public legal official if the statement was either false or made with reckless disregard as to truth or falsity. The lawyer won’t be subject to discipline for making a true statement, or a statement that had some __________.

A

basis

188
Q
A
189
Q

Unlike friends, acquaintances appearing as parties do not require a judge to ________ himself from the case. People who see each other socializing with mutual friends are acquaintances.

A

disqualify

190
Q

A _______ personal relationship is a reasonable ground to believe that the judge has a personal bias concerning a party, and the judge must disqualify herself.

A

close

191
Q

A full-time judge must not practice law. There is an exception for drafting documents or reviewing documents for a _______ member.

A

family

192
Q

A judge or judicial candidate must not personally __________ or accept campaign contributions other than through a campaign committee.

A

solicit

193
Q

A judge must disqualify herself in a proceeding if she knows that she—or her spouse, domestic partner, parent, or child—has an _______ interest in the matter or in one of the parties.

A

economic

194
Q

A judge may accept benefits associated with her spouse’s business activity that _________ benefit the judge.

A

incidentally

195
Q
A

MPRE (1 decks)

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