MPRE 2 Flashcards Preview

MPRE > MPRE 2 > Flashcards

Flashcards in MPRE 2 Deck (55):
1

at trial, a lawyer must not

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

2

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

not about the case

3

communication after discharge is prohibited if

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

4

prosecutor must make timely disclosure that

negates guilt or mitigates offense er

5

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

formality
legal fees testimony
withdrawl would be hardship

6

lawyer must disclose to thrid peron

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

7

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

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

8

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

person with authority in organization

but no consent to speak to former employee

9

Lawyer may negotiate this with unrepped person

transation or settle dispute

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

10

must not appear to be disinterested

when thtat is not the case

11

lawyer who receives info by mistake

promptly notify the sender

12

lawyer is repsonsible for another lawyers violation of RPC if

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

13

subordinate lawyer not subject to discipline if

supervising lawyer told him to do it and
it was a reasonable resolution to an arguable question of professional duty

14

a lawyer msut not form a partnership with a nonlawyer

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

15

fee splitting with nonlawyers is

prohibited

16

exception to fee splitting

death benefits
disabled lawyer
reitrment plan
court awarded fees with nonprofit

17

agreements cannopt restrict right to practice unless

retirement benefit agrement

18

also cannot restrict lawyers right to practice in a

settlmeent agreemtn

19

can serve as director in the reform of law organization

even if affacts interests of client, but only this org

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

20

advertisments must not include

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

21

permitted advertisemtns

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

22

solicitation is

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

23

lawyer must not solict professional employment from a prospective client by

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

24

can solict by

mail

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.