MPRE Practice Review Problems Flashcards
While Lawyer Limpet was a law student, he took a job interview trip to a distant city. He requested and received reimbursement from two different law firms for the full expenses of his trop - thus recieving double what the trip cost him.
Limpet’s conduct came to light only AFTER he was admitted to the bar of State A. State A has a statute that specifies under what circumstances a lawyer can be diciplined for misconduct, and the statute says nothing about dicipline for conduct committed BEFORE being admitted to the bar.
Is Limpet subject to dscipline by the suprme court of State A for his dishonest conduct.
YES
The highest court of a state, not the state legislature, has inherent final authority to regulate the legal profession.
Lawyer Lupos is a member of the bar of State A, and one of his clients was sued in the united States District Court that sits in State A. Would it be proper for lupos to serve as counsel of record in the case without being separately admitted to practice in that United States District Court?
NO
Each federal court has its own bar, and a lawyer must become a member of that bar before appearing for a client in that court.
Oster is a member of the bar of West Carolina, but he never practiced law in that state. After 27 years in politics, he was appointed to the United States Supreme Court. A few years later; he resigned from the Court under the threat of a bribery investigation. Would Oster be subject to dicipline in West Carolina if there was an investigation?
YES
West Carolina has jurisdiction to disipline Oster, even thoguh his conduct may have taken place elswhere.
Bribery is a crime that involves dishonesty and demonstrates his unfitness to practice law (if he did take a bribe).
Attorney Abydos is a member of hte bar of State A, but not of State B. Some of Abydos’s clients live across the river in State B. When one of her State B clients becomes a party to litigation pending in State b, may Abydoes serve as councel of record, without being admitted pro hac vice in State B and without associated with a State B lawyer?
NO
The right to practice in one state does not, without more enetitle an attorney to practice in another state. A lawyer may temporarly practice in a state in which she is not admitted if:
- She associated with a local lawyer
- She is admitted pro hac vice
- She is mediating or arbitrating a dispute arising out of her home state practice, pr
- Her out of state practice is reasonably related to her home state practice.
To apply for admission to the state bar of East Dakota, one must fill out a long, complicated information form. One of the questions on the form ask for the address of every place the applicant has lived longer than one month, from birth onward. Bar applicant Applby had lived in a great many places and could not remember the addresses of most of them; furthermore, she concluded that the state bar had no business knowing such information in any event. Therefore, she listed only her current address and the address of theh ouse in which she spent most of her childhood years. Was this proper?
NO
A bar applicant most provide all of thei nformation requested, to the best of her ability.
In most states, the state bar conductes a routine character investigation of some or all candidates; the purpose of asking for the addresses where the applicant has lived is to facilitate this investigation.
If the applicant could not remember all of the addresses she had lived, she could have explained this on her application form.
Client Cronin asked lawyer Lavelle to take over as her counsel in a civil case. Cronin explained in confidence that she had fired Aspner, her former counsel, because he had used threats of violence to force her to have sexual relations with him. Cronin instructed Lavelle not to tell anyone what Aspner had done to her. Should Lavelle nevertheless report Aspner’s conduct to the appropriate disiplinary authoirties?
NO
Aspner’s conduct is a disciplinary violation because it is criminal and demonstates his unfitness to practice law. Ordinarily another lawyer who leanrs of such conduct must report it to the appropriate professional authority.
Here, howeve,r lavelle knows of Aspner’s conduct only through a priviledge communication from Cronin, and he must respect Cronin’s instructions to keep the infromation in confidence.
[Common sense, however, suggest that Lavelle should explain to Cronin why it is important to have such information reported; that may cause her to change her instructions]
Mertin, a nonlawyer, worked as a messenger for lawyer Legkowitch’s law firm. Mertin asked Lefkowitch to reger him to a good form book so that Mertin could prepare the legal papers that his sister needed to adopt a baby. Should Lefkowitch comply with Mertin’s request?
NO
A lawyer may must not assist a nonlwayer in the unlicensed practice of law.
Shelby is employed by a cosmetics company, where she serves as in-house consel. Shelby is a licensed in the state of Oberon and has been working for the company in that state for 10 years; however, the company wants to relocate Shelby to the state of Tiberon. Shelby is not licensed in Tiberon. Would it be proper for Shelby to set up an office and conduct a continuous praictce in Tiberon without being admitted to practice there?
YES
A lawyer may open a law office and establish a systematic and continuous practice in aj urisdiction in which she is not admitted if the lawyer is a salaried employee of her only client.
Note though that Shelby may not litigate a matter in Tiberon without being admitted pro hac vice. [Page 12 I.D.3.a]
Client Cardwell asked her nieghbor’s friend, a lawyer Lubner, to represent her in a paternity suit against the suspected father of her first child. Without mentioning the matter of legal fees, Lubner did the work promptly and effectively. Then, when the matter was completed, Luber sent Cardwell a bill for a reasonable fee. Was Lubner’s conduct proper?
NO
A lawyer must reach an early, clear agreement with the client about the lawyer’s fee unless the lawyer has regularly represented the client in the past.
After a night of heavy drinking, Duphus and his friend Pugman got into a fight with each other. Pugman got the worst of it. The next day he sued Duphus for a civil assault and battery Duphys retained lawyer Laud, who agreed to defend Duphus for a $5K flat fee, payable in advance. Duphus paid Laud the fee. Two days later, Duphus and pugman became friends again, and Pugman dismissed his suit. Duphus conveyed his good news to Laud and asked for his money back, but Laud would not return any of it Was Laud’s conduct proper?
NO
A lawyer is subject to dicipline for charging an unreasonable fee. $5K seems clearly unreasonable for little or no work in a common battery case.
Attorney Alcaron is one of the three best municipal bond attorneys in the state. He has done all of the bond work for the city of Denton for the past 28 years. Now, the city of Denton has asked him to write an opinion letter concerning a new paving and swer bond issue. Alarcon consulted a similar letter he had written for Denton eight months earlier, checked to confimr the accuracy of the facts supplied to him, reread a recent appallate decision on municipal bonds, and completed the new opinion letter - all in less than six hours. For this work, Alarcon charged the city of Dented $10K. Is Alarcon subject to discipline?
NO
If the number of hours spent were the only relevant factor in setting a reasonable fee, then Alcoron’s fee would seem exorbitant, but many other factors are relevant.
No doubt that aLARCON’S MANY YEARS OF EXPERIENCE ENABLE HIM TO DO THE WORK IN MUCH LESS TIME THAN OTHER LAWYERS WOULD HAVE TAKEN. fURTHERMORE, THE ISSUE OF MUNIcipal bonds commonly wants an oppion letter from a recognized expert. Alarcon’s reputation, built over many years of experience, justifies a higher fee than would normay be charged by an unknown novice.
Is it true that a lawyer may allow cleints to pay for legal fees by credit card?
YES
A lawyer may permit a client to pay her fee by credit card.
Client Coro hired lawyer Low to defend him in a cocain smuggling case. Coro agreed to pay Low $3K in advance andother $30K if Coro is aquitted. If $33K would be a reasonable fee in light of the nature of the case and the amount of work required, is Low’s conduct proper?
NO
A lawyer is subject to dicipline for using a contingent fee arrangment in a criminal case.
One of the clauses in attorney Altman’s standard employment contract provides that in the event that Altman and the client disagree over Altman’s fee, the two of them will submit the matter to arbitration before a utually agreeable arbitrator. Is Altman subject to disipline?
NO
One proper way to resolve a fee dispute with a client is to submit it to arbitration, and the client and lawyer may agree in advance to do that.
Client Culpa asaked his neighbor, lawyer Ledbetter, for her advice about brining suit against his employer for age discrimination. Ledbetter advised Culpa to retain attorney Arneson, an expert in employment discrimination matters. Culpa did so, and Arneson agreen to handle the case on a one-third contingent fee basis. When Culpa won a large judgment, Arneson sent Ledbetter 5% of the contingent fee. Was this proper?
NO
A lawyer is subject to diciplne for splitting fees with another lawyer unless:
- The total feee is reasonable;
- The split is in proportion to the services performed by each lawyer or some other proportion if each lawyer assumes joint responsibility for the matter; and
- The client agrees to the split in a writing that discloses the share each lawyer will recieve
The arrangement described does not meet all of the above requirements, and thus, is an impermissible forwarding or referral fee.
