MPRE Flashcards
What knowledge requirement is sufficient for determining whether to contact attorney or report them?
Receiving information with “substantial likelihood” that they have violated an ethics rule.
Do prospective jurors count as jurors for purposes of determining whether you can speak to them post-trial?
Yes. They are just like jurors. Thus, if they turn you down, you cannot speak to them.
May a judge accept benefits associated with their spouse’s business activity that incidentally benefit the judge?
Yes- but watch for impropriety or shady stuff.
Can attorneys agree to a contingency fee for recovering past due child support?
Yes. They can’t do contingency fees for the initial alimony/child support order (so, if a divorce lawyer gets 100k in annual child support, they can’t take fee from out of that), but if the child support is now past due, they’re allowed to do a contingency fee for that.
Does a lawyer need to wait until charges of fraud have been officially filed against them to break the duty of confidentiality in defending themselves?
No, they just need to wait until the assertion of misconduct arise. They need not await the filing of a formal charge or complaint.
Can lawyers receive referrals from legal service plans if the plan specifically targets people who may be in need of those specific legal services?
No- they can be a part of those plans (think of the legal fees insurance plan), but only if they do not use live person-to-person contact to solicit people who it knows are in need of legal services in a particular matter covered by the plan.
Can a lawyer charge for a referral fee?
No. Forwarding fees are prohibited.
Can a lawyer represent one client in one matter and oppose the same client in another matter?
Yes, so long as all parties give informed consent, confirmed in writing, to the representation.
After being fired and there is a fee dispute, is it improper for the fired lawyer to hold onto the client’s file until paid?
Yes. The file should be turned over immediately and the fee dispute can go on in its natural process.
Can a lawyer counsel or assist a person to destroy material that has “potential evidentiary value”?
No. Think of the dishwasher hypo- if the documents might have evidentiary value, the lawyer CANNOT advise that the client destroy the documents.
Can a lawyer represent a client whom he has already been an arbitrator of, in the same matter?
NO. If they were an arbitrator before, they can’t now go represent one of those parties.
What are the rules for splitting fees between lawyers?
(i) the total fee is reasonable; (ii) the split is in proportion to the services rendered by each lawyer, or in some other proportion if each lawyer assumes joint responsibility for the matter; and (iii) the client agrees to the split in a writing that discloses the share that each lawyer will receive.
When does a lawyer’s duty to preserve a client’s confidential information cease?
It does not cease.
May lawyers from the same firm represent opposing sides if all parties consent in writing?
No, even with the consent. Can’t do it if you’re of the same firm.
Can a lawyer make a false statement about a judicial candidate?
No, they can’t make the statement if they know it to be false or if they have disregard for the truth.
