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MPRE > MPRE > Flashcards

MPRE Flashcards

Study Aid

1
Q

What are a lawyer’s functions as an advisor of the client?

As advocate? As negotiator? As evaluator?

A

As advisor: lawyer provides client with an informed understanding of the client’s legal rights and obligations and explains their practical implications.

As advocate: lawyer zealously asserts client’s position under the rules of the adversary system.

As negotiator: lawyer seeks a result advantageous to client but consistent with requirements of honest dealings with others.

As evaluator: lawyer acts by examining a client’s legal affairs and reporting about them to client or to others.

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2
Q

What is the purpose of the Comments in the Rules?

A

Comments do not add obligations to the Rules, but provide guidance re practicing in compliance with the Rules.

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3
Q

What does competent representation require?

A

The legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

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4
Q

What does competent handling of a matter include?

A
  • Inquiry into and analysis of the factual and legal elements of the problem
  • Use of methods and procedures meeting the standards of competent practitioners
  • Adequate preparation
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5
Q

A lawyer shall abide by a client’s ________ concerning the ________ of representation and, as required by Rule 1.4, shall ______ with the client as to the ______ by which they are to be pursued.

A
  • decisions
  • objectives
  • consult
  • means
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6
Q

A lawyer may take such action on behalf of the client as is _________ to carry out the representation.

A
  • impliedly authorized
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7
Q

In a criminal case, the lawyer shall abide by the client’s decision, after ______ with the lawyer, as to _____, whether to _______ and whether the client ______.

A
  • consultation
  • a plea to be entered
  • waive jury trial
  • will testify
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8
Q

A lawyer may limit the scope of the representation if the limitation _________ and the client ___________.

A
  • is reasonable under the circumstances

- gives informed consent

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9
Q

A lawyer shall not counsel a client to engage, or ______, in conduct that the lawyer knows is ________, but a lawyer may discuss the _______ of any proposed course of conduct with a client and may _______ a client to make a ______ effort to determine the ________ of the law.

A
  • assist a client
  • criminal or fraudulent
  • legal consequences
  • counsel or assist
  • good faith
  • validity, scope, meaning or application
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10
Q

A lawyer may not continue assisting a client in conduct that the lawyer originally supposed was legally proper but then discovers is _______. The lawyer must, therefore, _______ in the matter. (Rule 1.16(a)). In some cases, it may be necessary for the lawyer to also _______ and to disaffirm any _______. See Rule 4.1.

A
  • criminal or fraudulent
  • withdraw from the representation of the client
  • give notice of the fact of withdrawal
  • opinion, document, affirmation or the like
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11
Q

A lawyer must not participate in a transaction to effectuate _______ avoidance of tax liability.

A
  • criminal or fraudulant
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12
Q

A lawyer shall act with reasonable _____ and ______ in representing a client.

A
  • diligence

- promptness

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13
Q

A lawyer should pursue a matter on behalf of a client despite _____, _____ or _____ to the lawyer, and take whatever ______ and _____ measures are required to vindicate a client’s cause.

A
  • opposition
  • obstruction
  • personal inconvenience
  • lawful
  • ethical
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14
Q

In some circumstances, a lawyer may be justified in delaying ______ when the client would be likely to _______ to an immediate communication.

A
  • transmission of information

- react imprudently

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15
Q

A lawyer may not withhold _______ to serve the lawyer’s own ______ or _______ or the ____ or ______ of _____.

A
  • information
  • interest
  • convenience
  • interests
  • convenience
  • another person
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16
Q

Rules or court orders governing litigation may provide that information supplied to a lawyer may not be _________. Rule ___ directs compliance with such rules or orders.

A
  • disclosed to the client

- 3.4(c)

17
Q

The factors to be considered in determining the reasonableness of a fee include the following:

(1) the ___ and ____ required, the ____ and ____ of the questions involved, and the ____ requisite to perform the legal service ____;
(2) the likelihood, if _____ to the client, that the acceptance of the particular employment will ________;
(3) the fee _______ charged in the locality for _________;
(4) the _____ involved and the _____ obtained;
(5) the ______ imposed by the client or by the circumstances;
(6) the nature and length of the ___________;
(7) the ____, ____, and _____ of the lawyer or lawyers performing the services; and
(8) whether the fee is ____ or ______.

A

(1) time and labor; novelty and difficulty; skill / properly;
(2) apparent to the client / preclude other employment by the lawyer;
(3) customarily / similar legal services;
(4) amount / results;
(5) time limitations;
(6) professional relationship with the client;
(7) experience, reputation, and ability;
(8) fixed or contingent.

18
Q

A contingent fee agreement shall be in _____ signed by the ____ and shall state the method by which _____ is to be determined, including the _____ that shall accrue to the ______ in the event of settlement, trial or appeal; litigation and other expenses to be deducted from ______; and whether such expenses are to be deducted ________ the contingent fee is calculated. The agreement must clearly notify the client of any ______ for which the client will be ____ whether or not the client is the ________.

A
  • writing
  • client
  • the fee
  • percentage(s)
  • lawyer
  • the recovery
  • before or after
  • expenses
  • liable
  • prevailing party
19
Q

A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a _______ matter, the payment or amount of which is contingent upon the securing of a _____ or upon the amount of _______, or _______ in lieu thereof; or
(2) a contingent fee for representing a ______ in a criminal case.

A
  • domestic relations
  • divorce
  • alimony or support
  • property settlement
  • defendant
20
Q

A division of a fee BETWEEN LAWYERS who are NOT in the same firm MAY be made only if:

(1) the division is in proportion to _____ by each lawyer or each lawyer assumes _______ for the representation;
(2) the client _____ the arrangement, including the ______, and the agreement is confirmed in ____; and
(3) the total fee is ______.

A
  • the services performed
  • joint responsibility
  • agrees to
  • share each lawyer will receive
  • writing
  • reasonable
21
Q

Rule 1.5, Paragraph (a) also requires that expenses for which the client will be charged must be ______.

A

reasonable

22
Q

A lawyer may seek reimbursement for the cost of services performed _____, such as _____, or for other expenses incurred _____, such as ______, either by charging a reasonable amount to which the client has _______ or by charging an amount that ______ incurred by the lawyer.

A
  • in-house
  • copying
  • in-house
  • telephone charges
  • agreed in advance
  • reasonably reflects the cost
23
Q

A lawyer may require advance payment of a fee, but is obliged to __________. (Rule 1.16(d))

A

return any unearned portion

24
Q

A lawyer may accept _______ in payment for services, such as an ________ in an enterprise, providing this does not involve acquisition of a _______ in the cause of action or subject matter of the _____ contrary to Rule 1.8 (i).

However, a fee paid in property instead of money may be subject to the requirements of Rule 1.8(a) because such fees often have the essential qualities of a _____ with the client.

A
  • property
  • ownership interest
  • proprietary interest
  • litigation
  • business transaction
25
Q

A lawyer should not enter into an _____ whereby services are to be provided only up to a stated amount when it is foreseeable that ______ will be required, unless the situation is adequately explained to the client.

A
  • agreement

- more extensive services probably

26
Q

Rule 1.5(d) does not preclude a contract for a contingent fee for legal representation in connection with the recovery of ______ due under support, ____ or other ____ orders because such contracts do not implicate the same policy concerns.

A
  • post-judgment balances
  • alimony
  • financial

MPRE (1 decks)

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