MPRE 2

Question 1

at trial, a lawyer must not

Answer 1

allude to any matter that is irrevelant or not supported by E

assert personal knowledge of fact in issue

state a personal opinion as to the justness of the cause, credibility of a witness, culpability of a civil litigant, por the guilt or innonce of an accuse

request a person other than a client to refrain from giving releveant info unless the person is a relative, employee, or agent of the CL and refraining would not adversely affect interests

Question 2

if a lawyer is not connected to the case, can he speak to a juror?

Answer 2

not about the case

Question 3

communication after discharge is prohibited if

Answer 3

local law or court prohibits
juror says fuck off
purpose is coercion

Question 4

prosecutor must make timely disclosure that

Answer 4

negates guilt or mitigates offense er

Question 5

lawyers can act as advocate at trial when they are a necessary witness only when

Answer 5

formality
legal fees testimony
withdrawl would be hardship

Question 6

lawyer must disclose to thrid peron

Answer 6

when disclose is necessary to avoid assistning a criminal or fradulaent act by a client and if the disclosure is prohibited by the lawery;s duty of confidentialoity the lawyer must withdraw

Question 7

no direct communication with a person repped by a lawyer, unless

Answer 7

party’s lawyer consents, or communicaiton doesnt concern the matter

Question 8

Lawyer needs organization’s counsel’s permission to speak to

Answer 8

person with authority in organization

but no consent to speak to former employee

Question 9

Lawyer may negotiate this with unrepped person

Answer 9

transation or settle dispute

must not give legal advice other than adbising the person to obtain counsel

Question 10

must not appear to be disinterested

Answer 10

when thtat is not the case

Question 11

lawyer who receives info by mistake

Answer 11

promptly notify the sender

Question 12

lawyer is repsonsible for another lawyers violation of RPC if

Answer 12

lawyer orders or ratifies conduct

the lawyer has authority over the violating lawyer adn knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remidal action

Question 13

subordinate lawyer not subject to discipline if

Answer 13

supervising lawyer told him to do it and

it was a reasonable resolution to an arguable question of professional duty

Question 14

a lawyer msut not form a partnership with a nonlawyer

Answer 14

if any of the activites of the partnership consist of the practice of law

Question 15

fee splitting with nonlawyers is

Answer 15

prohibited

Question 16

exception to fee splitting

Answer 16

death benefits
disabled lawyer
reitrment plan
court awarded fees with nonprofit

Question 17

agreements cannopt restrict right to practice unless

Answer 17

retirement benefit agrement

Question 18

also cannot restrict lawyers right to practice in a

Answer 18

settlmeent agreemtn

Question 19

can serve as director in the reform of law organization

Answer 19

even if affacts interests of client, but only this org

if going to materially benefit client, lawyer must disclose that the org

Question 20

advertisments must not include

Answer 20

false or misleading sttemtn
statemtne that create unjustified expectations
unsubstatntiated comparisions }(im as a good as x for half the price

Question 21

permitted advertisemtns

Answer 21

eductional background
foreign lang ability
priciing and fee informaiton
ememebrships in bar assoicatons
name of regular client

Question 22

solicitation is

Answer 22

targeted communcation initiated by lawyer for the purpose of obtaining legal services

Question 23

lawyer must not solict professional employment from a prospective client by

Answer 23

in person, telephone, or real time contact when motive is monetary gain

Question 24

can solict by

Answer 24

mail

Question 25

exceptions to ban on soliciting

Answer 25

offering free
close friends and relatives
present former clients
other lawyers

Question 26

mail must

Answer 26

be labeled as advertisement

jirusdiction may restruct

Question 27

field of practice

Answer 27

can state practice in a field

Question 28

specialist

Answer 28

must not state that specificalist in feilf of alw unless certified organization approved by the state bar

Question 29

referral arrangement rules

Answer 29

must not be exlcusive
each referred client must be told about the arrangement
arrangment must not interefer with lawy’er professinoal judgment
must not be indefinite duration

Question 30

judges are judges 24 hours a day. must avoi d

Answer 30

appearnace of impropriety
judges cannot create the reasonable perception that the judge has violated the CJC or otherwise reflects adversely on the judges honesty, impartiality, temperment, or fitness

Question 31

judges may write a letter of rec

Answer 31

based on personal knowledge on offical letterhead if

perosnal, and there is not likelhood that it is exert pressure

Question 32

judge exparte communication is only allowed when

Answer 32

expressly authorized by law
mediation or settlment w consent of parties
emergencies

Question 33

judeges cannot

Answer 33

indepently investigate gacts of case

Question 34

consulting with other judges is

Answer 34

permitted byt judge must avoid recieving factual information and must ultimatly decide the matter independtly

Question 35

if consulting with disinterested expert, parties must

Answer 35

recieve advance notice of the expert’s idnetity
notice of advce to be solicited and
reasonable opportunity to object

Question 36

jduge msut disqualify if

Answer 36

impartialoity might be reoasbly quesitoned

Question 37

judge should disclose on record

Answer 37

any information that would be relevant to disqualification even if the judge beleives it is not reaosnable

Question 38

judge must disqualify if economic interests, and also if

Answer 38

spouse partner child or any family is related

Question 39

parties can WAIVE all grounds for disqaulfication ecept

Answer 39

jjudege personal bias

Question 40

judge cannot be fidicuary unless

Answer 40

its for family and doesnt interfere with duties

judge can do stuff in business for family but not anyone else

Question 41

teaching and writing articles for judges is

Answer 41

permitted

Question 42

judge must not testify as character witness except by

Answer 42

subpoena

Question 43

cannot belong to

Answer 43

dscriination organization

Question 44

cannot use the

Answer 44

facilities

Question 45

judge is allowed to be member of

Answer 45

religious organization or italian american org

Question 46

judges must not accept gift when

Answer 46

acceptabce would appear to undermine impartiality

Question 47

duty to report gifts when

Answer 47

invitations to attend events witout charge

gifts loand or antyhg of value from person whose interests have come before the judge

Question 48

no duty to report when

Answer 48

de mimimus gifts like certificaties, social hosptiality, scholarships, discounts, prizes availbale to anyone

Question 49

full time judge must not practice law except

Answer 49

pro se

legal advice and document drafting

Question 50

reporting misconduct - if judge knows another judge fucked up,,

Answer 50

must report

Question 51

if judge learns there is substantial liklehood of misconduct by another judge or lawyer, must

Answer 51

take appropriate action

Question 52

must not make

Answer 52

promises or comittements that are inconsistent with imprarital performance

Question 53

must not publicly endorse or oppose

Answer 53

a candidate for public office

Question 54

may repsond to

Answer 54

false or misleading statments issued by the oppoenent or the media with factually accurate reponse

Question 55

candidates must not

Answer 55

perosnally solicty or accept campaign contributions but can raise funds through campaign committeee.