MPRE 2 Flashcards Preview

MPRE > MPRE 2 > Flashcards

Flashcards in MPRE 2 Deck (55)
Loading flashcards...

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


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

not about the case


communication after discharge is prohibited if

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


prosecutor must make timely disclosure that

negates guilt or mitigates offense er


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

legal fees testimony
withdrawl would be hardship


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


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

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


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

person with authority in organization

but no consent to speak to former employee


Lawyer may negotiate this with unrepped person

transation or settle dispute

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


must not appear to be disinterested

when thtat is not the case


lawyer who receives info by mistake

promptly notify the sender


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


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


a lawyer msut not form a partnership with a nonlawyer

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


fee splitting with nonlawyers is



exception to fee splitting

death benefits
disabled lawyer
reitrment plan
court awarded fees with nonprofit


agreements cannopt restrict right to practice unless

retirement benefit agrement


also cannot restrict lawyers right to practice in a

settlmeent agreemtn


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


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


permitted advertisemtns

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


solicitation is

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


lawyer must not solict professional employment from a prospective client by

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


can solict by



exceptions to ban on soliciting

offering free
close friends and relatives
present former clients
other lawyers


mail must

be labeled as advertisement
jirusdiction may restruct


field of practice

can state practice in a field



must not state that specificalist in feilf of alw unless certified organization approved by the state bar


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


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