Multistate Professional Responsibility Exam (MPRE) One-Sheet (2).pdf Flashcards
What is required for the formation of the client-lawyer relationship?
A person manifests an intent to hire the lawyer and the lawyer agrees or fails to make it clear that he does not wish to take on the case.
Who decides the strategy in a client-lawyer relationship?
The lawyer decides the strategy.
What must a lawyer do if the client has diminished capacity?
The lawyer must try to maintain the client-lawyer relationship as far as reasonably possible.
Under what conditions must a lawyer withdraw from representation?
If the representation results in a violation of the MRPC, the lawyer’s condition impairs representation, or the lawyer is discharged by the client.
What does the mnemonic ‘RRR’ stand for in the context of lawyer withdrawal?
Give reasonable notice to the client, refund any unearned fee, return papers to the client.
What is the lawyer’s obligation regarding communication with the client?
Keep the client reasonably informed about the case and promptly comply with reasonable requests for information.
What are contingent fees and when must they be documented?
Fees based on the outcome of the case; require two writings—one at the beginning and one at the conclusion of the case.
In what matters are contingent fees not permitted?
Family law matters and criminal matters.
What is attorney-client privilege?
An evidentiary rule preventing the revelation of confidential communications between an attorney and a client.
What is the work product doctrine?
Material prepared by a lawyer for litigation is immune from discovery unless the opposing party shows substantial need.
What must a lawyer do regarding client confidentiality?
Not reveal information relating to the representation unless the client gives informed consent.
What are the exceptions to the confidentiality rule (mnemonic ‘CCCCCC’)?
- Certain death or harm
- Crime or fraud
- Compliance with rules
- Controversy between lawyer and client
- Court order
- Conflicts of interest
What is the rule regarding communications with represented persons?
A lawyer shall not communicate about the subject of representation with a person represented by another lawyer unless consent is obtained.
What must a lawyer do with a client’s funds?
Keep a client’s funds separate from his own.
What should a lawyer do if there is a dispute over claims?
Keep the disputed portion in the client trust account until resolved.
What is the burden of proof for admission to the bar?
The applicant must establish good moral character.
What must a lawyer do if they know another lawyer has committed a violation?
Report it unless protected by confidentiality.
What is the rule on the unauthorized practice of law?
A lawyer may delegate work to non-lawyers but must supervise it.
What are the requirements for multijurisdictional practice?
Services must have a reasonable relation to the lawyer’s practice and comply with specific conditions.
What is the rule regarding partnerships with non-lawyers?
A lawyer must not form a partnership with a non-lawyer if it constitutes the practice of law.
What must partners and supervisors ensure?
Make reasonable efforts that all lawyers and non-lawyer assistants follow the MRPC.
What is required for the sale of a law practice?
The entire practice area must be sold, clients notified, fees unchanged, and the seller must cease private practice.
What are the elements needed to prove negligence?
Duty, breach, cause, and harm.
What must a lawyer avoid in communications about legal services?
Communications must not be false or misleading.
What is the rule on soliciting recommendations for legal services?
A lawyer shall not compensate anyone for recommending their services, except under certain conditions.
What should a lawyer do regarding court appointments?
Should not avoid them except for good cause.
What is a conflict of interest in the context of current clients?
A lawyer shall not represent a client if representation involves a concurrent conflict of interest.
What is the rule regarding former clients?
A lawyer shall not represent another person in a substantially related matter adverse to a former client unless informed consent is given.
What are the requirements for business transactions with clients (mnemonic ‘DRAW’)?
- Terms fully disclosed
- Reasonable and fair
- Client advised to seek independent counsel
- Client gives informed consent in writing
What is prohibited regarding substantial gifts from clients?
A lawyer shall not solicit substantial gifts from clients.
What is the rule regarding financial assistance to clients?
A lawyer shall not provide financial assistance except for specific court costs.
What must a lawyer do if they know evidence is false?
Take reasonable remedial measures including disclosure to the tribunal.
What is the rule regarding ex parte proceedings?
A lawyer shall inform the tribunal of all material facts known to them.
What must a lawyer do if they know evidence is false?
Take reasonable remedial measures, including disclosure to the tribunal.
This applies if the lawyer, their client, or a witness has offered material evidence and the lawyer becomes aware of its falsity.
In an ex parte proceeding, what must a lawyer inform the tribunal of?
All material facts known to the lawyer that will enable the tribunal to make an informed decision.
This includes facts that may be adverse.
True or False: A lawyer can communicate orally about the merits of a case without notifying the opposing party.
False.
Adequate notice must be provided to the opposing party.
What actions must a lawyer avoid to ensure fairness to the opposing party?
Unlawfully obstruct evidence, falsify evidence, offer prohibited inducements to witnesses, make frivolous discovery requests.
These actions are unethical and can compromise the integrity of the legal process.
What is the rule regarding a lawyer communicating with a juror?
A lawyer shall not communicate with a juror on the case they are involved in regarding ANY subject.
This rule is designed to protect the integrity of the jury’s decision-making process.
What is prohibited in terms of trial publicity by a lawyer?
Making an extrajudicial statement that may materially prejudice an adjudicative proceeding.
Exceptions exist, such as the right of reply to protect a client from undue prejudicial effects of publicity not initiated by the lawyer.
Under what circumstances can a lawyer act as an advocate at a trial where they are also a witness?
If the testimony relates to an uncontested issue, legal services rendered, or disqualification would pose substantial hardship to the client.
This rule helps maintain the integrity of the legal representation.
What is a lawyer’s duty when acting as an advisor?
Render candid advice.
This is essential for the client to make informed decisions.
What must a prosecutor ensure regarding charges they are prosecuting?
Not prosecute a charge that is not supported by probable cause.
Prosecutors have a duty to uphold justice and disclose evidence that may negate guilt.
What duty does a lawyer owe when representing an organization?
A duty of loyalty to the organization, not its constituents.
This includes acting in the best interests of the organization if violations occur.
What must judges do to promote confidence in the judiciary?
Comply with the law, avoid impropriety, and not abuse the prestige of judicial office.
Judges should ensure fairness and impartiality in their conduct.
What should a judge do if their impartiality might reasonably be questioned?
Disqualify themselves from the proceeding.
This ensures the integrity of the legal process.
What restrictions exist regarding judges accepting gifts?
Judges shall not accept gifts if it undermines their independence, integrity, or impartiality.
Acceptance is prohibited by law if it creates an appearance of impropriety.
Can a full-time judge practice law?
No.
This rule helps to maintain the separation between judicial and legal practices.
True or False: A judge can hold membership in any organization regardless of its discriminatory practices.
False.
Judges must not hold membership in organizations that practice invidious discrimination.
