MPRE Flashcards
Study Aid
What are a lawyer’s functions as an advisor of the client?
As advocate? As negotiator? As evaluator?
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.
What is the purpose of the Comments in the Rules?
Comments do not add obligations to the Rules, but provide guidance re practicing in compliance with the Rules.
What does competent representation require?
The legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.
What does competent handling of a matter include?
- 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
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.
- decisions
- objectives
- consult
- means
A lawyer may take such action on behalf of the client as is _________ to carry out the representation.
- impliedly authorized
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 ______.
- consultation
- a plea to be entered
- waive jury trial
- will testify
A lawyer may limit the scope of the representation if the limitation _________ and the client ___________.
- is reasonable under the circumstances
- gives informed consent
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.
- assist a client
- criminal or fraudulent
- legal consequences
- counsel or assist
- good faith
- validity, scope, meaning or application
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.
- criminal or fraudulent
- withdraw from the representation of the client
- give notice of the fact of withdrawal
- opinion, document, affirmation or the like
A lawyer must not participate in a transaction to effectuate _______ avoidance of tax liability.
- criminal or fraudulant
A lawyer shall act with reasonable _____ and ______ in representing a client.
- diligence
- promptness
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.
- opposition
- obstruction
- personal inconvenience
- lawful
- ethical
In some circumstances, a lawyer may be justified in delaying ______ when the client would be likely to _______ to an immediate communication.
- transmission of information
- react imprudently
A lawyer may not withhold _______ to serve the lawyer’s own ______ or _______ or the ____ or ______ of _____.
- information
- interest
- convenience
- interests
- convenience
- another person
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.
- disclosed to the client
- 3.4(c)
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 ______.
(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.
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 ________.
- writing
- client
- the fee
- percentage(s)
- lawyer
- the recovery
- before or after
- expenses
- liable
- prevailing party
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.
- domestic relations
- divorce
- alimony or support
- property settlement
- defendant
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 ______.
- the services performed
- joint responsibility
- agrees to
- share each lawyer will receive
- writing
- reasonable
Rule 1.5, Paragraph (a) also requires that expenses for which the client will be charged must be ______.
reasonable
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.
- in-house
- copying
- in-house
- telephone charges
- agreed in advance
- reasonably reflects the cost
A lawyer may require advance payment of a fee, but is obliged to __________. (Rule 1.16(d))
return any unearned portion
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.
- property
- ownership interest
- proprietary interest
- litigation
- business transaction
