MPRE 2 Flashcards

(55 cards)

1
Q

at trial, a lawyer must not

A

allude to any matter that is irrevelant or not supported by E

assert personal knowledge of fact in issue

state a personal opinion as to the justness of the cause, credibility of a witness, culpability of a civil litigant, por the guilt or innonce of an accuse

request a person other than a client to refrain from giving releveant info unless the person is a relative, employee, or agent of the CL and refraining would not adversely affect interests

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2
Q

if a lawyer is not connected to the case, can he speak to a juror?

A

not about the case

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3
Q

communication after discharge is prohibited if

A

local law or court prohibits
juror says fuck off
purpose is coercion

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4
Q

prosecutor must make timely disclosure that

A

negates guilt or mitigates offense er

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5
Q

lawyers can act as advocate at trial when they are a necessary witness only when

A

formality
legal fees testimony
withdrawl would be hardship

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6
Q

lawyer must disclose to thrid peron

A

when disclose is necessary to avoid assistning a criminal or fradulaent act by a client and if the disclosure is prohibited by the lawery;s duty of confidentialoity the lawyer must withdraw

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7
Q

no direct communication with a person repped by a lawyer, unless

A

party’s lawyer consents, or communicaiton doesnt concern the matter

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8
Q

Lawyer needs organization’s counsel’s permission to speak to

A

person with authority in organization

but no consent to speak to former employee

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9
Q

Lawyer may negotiate this with unrepped person

A

transation or settle dispute

must not give legal advice other than adbising the person to obtain counsel

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10
Q

must not appear to be disinterested

A

when thtat is not the case

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11
Q

lawyer who receives info by mistake

A

promptly notify the sender

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12
Q

lawyer is repsonsible for another lawyers violation of RPC if

A

lawyer orders or ratifies conduct

the lawyer has authority over the violating lawyer adn knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remidal action

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13
Q

subordinate lawyer not subject to discipline if

A

supervising lawyer told him to do it and

it was a reasonable resolution to an arguable question of professional duty

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14
Q

a lawyer msut not form a partnership with a nonlawyer

A

if any of the activites of the partnership consist of the practice of law

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15
Q

fee splitting with nonlawyers is

A

prohibited

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16
Q

exception to fee splitting

A

death benefits
disabled lawyer
reitrment plan
court awarded fees with nonprofit

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17
Q

agreements cannopt restrict right to practice unless

A

retirement benefit agrement

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18
Q

also cannot restrict lawyers right to practice in a

A

settlmeent agreemtn

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19
Q

can serve as director in the reform of law organization

A

even if affacts interests of client, but only this org

if going to materially benefit client, lawyer must disclose that the org

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20
Q

advertisments must not include

A

false or misleading sttemtn
statemtne that create unjustified expectations
unsubstatntiated comparisions }(im as a good as x for half the price

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21
Q

permitted advertisemtns

A
eductional background
foreign lang ability
priciing and fee informaiton
ememebrships in bar assoicatons
name of regular client
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22
Q

solicitation is

A

targeted communcation initiated by lawyer for the purpose of obtaining legal services

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23
Q

lawyer must not solict professional employment from a prospective client by

A

in person, telephone, or real time contact when motive is monetary gain

24
Q

can solict by

25
exceptions to ban on soliciting
offering free close friends and relatives present former clients other lawyers
26
mail must
be labeled as advertisement | jirusdiction may restruct
27
field of practice
can state practice in a field
28
specialist
must not state that specificalist in feilf of alw unless certified organization approved by the state bar
29
referral arrangement rules
must not be exlcusive each referred client must be told about the arrangement arrangment must not interefer with lawy'er professinoal judgment must not be indefinite duration
30
judges are judges 24 hours a day. must avoi d
appearnace of impropriety judges cannot create the reasonable perception that the judge has violated the CJC or otherwise reflects adversely on the judges honesty, impartiality, temperment, or fitness
31
judges may write a letter of rec
based on personal knowledge on offical letterhead if | perosnal, and there is not likelhood that it is exert pressure
32
judge exparte communication is only allowed when
expressly authorized by law mediation or settlment w consent of parties emergencies
33
judeges cannot
indepently investigate gacts of case
34
consulting with other judges is
permitted byt judge must avoid recieving factual information and must ultimatly decide the matter independtly
35
if consulting with disinterested expert, parties must
recieve advance notice of the expert's idnetity notice of advce to be solicited and reasonable opportunity to object
36
jduge msut disqualify if
impartialoity might be reoasbly quesitoned
37
judge should disclose on record
any information that would be relevant to disqualification even if the judge beleives it is not reaosnable
38
judge must disqualify if economic interests, and also if
spouse partner child or any family is related
39
parties can WAIVE all grounds for disqaulfication ecept
jjudege personal bias
40
judge cannot be fidicuary unless
its for family and doesnt interfere with duties | judge can do stuff in business for family but not anyone else
41
teaching and writing articles for judges is
permitted
42
judge must not testify as character witness except by
subpoena
43
cannot belong to
dscriination organization
44
cannot use the
facilities
45
judge is allowed to be member of
religious organization or italian american org
46
judges must not accept gift when
acceptabce would appear to undermine impartiality
47
duty to report gifts when
invitations to attend events witout charge | gifts loand or antyhg of value from person whose interests have come before the judge
48
no duty to report when
de mimimus gifts like certificaties, social hosptiality, scholarships, discounts, prizes availbale to anyone
49
full time judge must not practice law except
pro se legal advice and document drafting
50
reporting misconduct - if judge knows another judge fucked up,,
must report
51
if judge learns there is substantial liklehood of misconduct by another judge or lawyer, must
take appropriate action
52
must not make
promises or comittements that are inconsistent with imprarital performance
53
must not publicly endorse or oppose
a candidate for public office
54
may repsond to
false or misleading statments issued by the oppoenent or the media with factually accurate reponse
55
candidates must not
perosnally solicty or accept campaign contributions but can raise funds through campaign committeee.