MPRE

Question 1

Which court enforces ethical rules and discipline of attorneys?

Answer 1

State Supreme Court.

Note: Each state has its own bar association and rules of professional conduct.

Question 2

Federal Courts application of ethical rules and regulations

Answer 2

Federal courts apply the ethical rules of the state in which the court sits; however, they are not required to do so.

Question 3

Requirements for Admission

Answer 3

A lawyer must not assist with an unqualified applicant.

Question 4

When representing a client, is all or some of their communication protected?

Answer 4

All information about a client relating to representation is protected.

Question 5

A lawyer in a Managerial or Supervisory Authority MUST

Answer 5

Make reasonable efforts to ensure that:
(Managerial Authority) - firm has measures in place that give reasonable assurance that the conduct of all employees conforms to the model rules.

(Supervisory Authority) - supervised person’s conduct conforms to the Model Rules

Question 6

Scope of Model Rules

Answer 6

A lawyer does not have to be engaged in the practice of law to violate the Model Rules and her subject to professional discipline.

Note: A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

Question 7

Misconduct Committed by Others Associated
With Law Firm

Answer 7

A lawyers is always subject to discipline if she knowingly assists or induces another person

Question 8

Misconduct:
Ordered or Ratified

Answer 8

A lawyer is subject to discipline for a violation of the Model Rules committed by another lawyer if the lawyer:
(i) orders the misconduct or
(ii) has knowledge of the specific misconduct and ratifies the misconduct

NOTE: A lawyer is also subject to discipline for ordering or ratifying conduct by a no lawyer employed by, retained by, or associated with the lawyer that would constitute a violation of the Model Rules.

Question 9

Subordinate Lawyer MUST

Answer 9

Conform to the Model Rules even if acting under the direction of a supervising lawyer.

NOTE: The subordinate lawyer is not in violation of the Model Rules if the subordinate lawyer acts in accordance with the supervising lawyer’s “reasonable resolution of an arguable question of professional duty”

Question 10

Misconduct Outside of the State or Jurisdiction

Answer 10

A lawyer is subject to discipline for misconduct in any jurisdiction in which the lawyer is admitted to practice, even if the misconduct occurred outside that jurisdiction.

NOTE: Lawyer may be subject to discipline in both the jurisdiction where she is admitted and the jurisdiction where the misconduct occurs.

Question 11

Misconduct Outside of the State or Jurisdiction

Choice of Law

Answer 11

The lawyer is subject only to the rules of the jurisdiction in which the tribunal sits UNLESS the rules of the tribunal including its choice-of-law rules provide otherwise.

NOTE: Lawyer may be subject to discipline in both (1) the jurisdiction where they are admitted AND (2) the jurisdiction where the misconduct occurs.

Question 12

Misconduct Outside of the State or Jurisdiction

Multiple Jurisdictions

Answer 12

A lawyer’s “reasonable belief” with regard to a conflict of interest, a written agreement between a lawyer and client that reasonably specifies a jurisdiction will be considered if the agreement was obtained with the client’s informed consent in the agreement.

Question 13

Sanctions for Misconduct: Other Consequences

Answer 13

A lawyer may be subject to civil or criminal liability even when the lawyer’s conduct does not violate a rule of professional misconduct.

Question 14

Integrity of a Lawyer

Mnemonic: Judge Judy Reviews Bad Motions

Answer 14

1. Jurisdiction — Choice of Law
2. Judicial Officials — Comments about qualification & Integrity of Judges
3. Reporting Misconduct — Lawyers have a duty to report misconduct after knowing of its occurrence
4. Bar Admissions — Lawyers have a duty of honesty for self & others
5. Misconduct — Criminal Acts — Fitness as a Lawyer; Conduct Involving fraud, dishonesty, deceit, or misrepresentation; conduct prejudicial to administration of justice.

Question 15

Misuse of Public Office

Answer 15

Lawyer SHALL NOT:
1. Seek to influence a judge, juror, prospective judge;
2. State or Imply an ability to influence improperly a government agency;
3. Knowingly assist a judge or judicial officer in conduct that is a violation of appearance rules of judicial conduct or other law.

Question 16

Unauthorized Practice of Law

Answer 16

1. A lawyer can’t practice law in a jurisdiction in violation of the regulation of lawyers in that jurisdiction.
2. A lawyer can’t assist in activities constituting unauthorized practice of law.
3. A lawyer generally may not share legal fees with a non-lawyer.
4. A lawyer can’t form a partnership with a non-lawyer if any partnership activities include the practice of law.

Question 17

Peer Reporting: Substantial Matter

Answer 17

Lawyers have a duty to report matters that raise a substantial question about the lawyer’s honesty, trustworthiness, or professional fitness.

Note: “Substantial” when used to describe degree or extent refers to a material matter of clear and weighty importance of clear and weighty importance.

Question 18

Peer Reporting: Knowledge Required

Answer 18

The duty to report does not arise until the lawyer has actual knowledge of the misconduct.

NOTE: (1) “Knowingly,” denotes actual knowledge of the fact in question; (2) “Actual Knowledge” may be inferred from the circumstances and includes learning of the misconduct from a reliable source when there is independent corroboration

Question 19

Peer Responsibility for Reporting Misconduct: Judicial Misconduct

Answer 19

A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question about the judge’s fitness for office must inform the appropriate authority

Question 20

Peer Responsibility for Reporting Misconduct: Sanctions for Failure to Report

Answer 20

If a lawyer fails to report misconduct by another lawyer or judge, the lawyer is subject to discipline.

Question 21

Peer Responsibility for Reporting Misconduct: Defamation Action

Answer 21

A privilege against defamation applies to the required reporting of another lawyer’s misconduct.

Question 22

Not Admitted to Practice in a Jurisdiction: Unauthorized Practice

Answer 22

a lawyer is may not practice law in a jurisdiction where the lawyer is not admitted to practice or assist another in doing so.

Question 23

Not Admitted to Practice in a Jurisdiction: Exceptions permitting temporary practice

Answer 23

A lawyer admitted to practice in another U.S. jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in a second jurisdiction where the lawyer is not admitted to practice.

Question 24

Fee Division with Nonlawyers

Answer 24

The Model Rules prohibit fee sharing by lawyers with no lawyers except when:

• Fees are paid to a lawyer’s estate or to one or specified persons over a reasonable period of time after the lawyer’s death, as a death benefit according to an agreement
• A lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer pays an agreed-upon purchase price to the lawyer’s estate or other representative
• Fees are shared with nonlawyer employees in a law firm via compensation or retirement plan, even though it is based on anonymous-profit sharing arrangement; and
• A lawyer shares court-awarded legal fees with a nonprofit organization

Question 25

Third Party Refers Client or Pays Fee

Answer 25

A lawyer must not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment

Question 26

What are the (2) prohibition restrictions on a lawyer’s right to practice law?

Answer 26

1. A lawyer can’t make or offer a partnership, employment, or similar agreement that restricts a lawyer’s rights to practice after termination of the relationship.

2. A lawyer can’t make or offer an agreement that incldues a restrection on the lawyer’s right to practice as part of the settllement of a client controversy.

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

Question 27

Remedial Actions

Answer 27

A lawyer may be subject to the discipline for a disciplinary violation committed by a second lawyer if they ordered the misconduct or knew about it and ratified it OR the first lawyer is a partner or manager with direct supervisory responsibility over the second lawyer, and *knows about the misconduct at the time, but fails mitigate or take any reasonable remedial action.

Question 28

Conduct of nonlawyers associated with the lawyer/firm

Answer 28

Partners and managers in a law firm must make a reasonable effort to assure that the conduct of nonlawyers associated with them is compatible with the obligations of the profession.

Answer 29

A lawyer may withdraw from representing a client if the client substantially fails to fulfill an obligation to the lawyer AND has been warned that the lawyer will withdraw unless its fulfilled.

Question 30

Attorney-client privilege applies to

Answer 30

confidential communications between the attorney and client and their respective agents.

Question 31

Confiential information applies to

Answer 31

all information relating to the representation of a client

Question 32

Scope of attorney-client privilege

1. Attorney-client privilege
2. Duty of confidentiality

Answer 32

Attorney-client privilege covers preliminary communications leading up to an attorney-client relationship, even if no such relationship develops.

Question 33

What is not usually not covered by the attorney-client privilege?

Answer 33

1. Identity of the Client
2. Information about the fee arrangement
3. client’s request for information related to a future crime or fraud

Question 34

What are the general exceptions to the attorney-client privilege in general?

Answer 34

The privilege does not apply to the following:
* A matter between two former joint clients
* testimony by a will-drafting clawyer after a client’s death
* situations relating to the commision of a future crime or fraud
* dispute between the lawyer and the client.

Question 35

How long must an attorney keep client records ater completing their representation?

Answer 35

5 years

Attorney must preserve the records of a client’s funds and other propert