MPRE Review Flashcards

Question

When can a lawyer accept payment for services rendered to the client from someone other than the client?

Answer 1

A lawyer is prohibited from accepting payment from a third party unless: I. The client gives Informed consent; P. The third party does not interfere with the lawyer's independent professional judgment or the client-lawyer relationship; AND P. The lawyer protects confidential information relating to the representation of the client. Someone else is paying for the IPP

Answer 2

Disqualification is NOT imputed to the current firm if the firm: 1. Timely screens the disqualified lawyer from participating in the matter and does not give the disqualified lawyer part of the fee; 2. Promptly gives written notice of the conflict to the affected former client; AND 3. Provides certification of compliance with the MRPC to the affected former client (i) at reasonable intervals, (ii) upon request of the former client, and (iii) when the screening procedure is terminated.

Answer 3

Absent the informed, written consent of all parties, a lawyer is disqualified from representing anyone in connection with a matter in which the lawyer participated personally and substantially as a third-party neutral.

Answer 4

A lawyer who lacks competence may undertake representation of a client if: 1. She can achieve competence by reasonable preparation; 2. She can achieve competence by association with a lawyer established as competent in the field; OR 3. An emergency makes finding another lawyer impractical, and representation is limited to what is reasonably necessary under the circumstances.

Answer 5

A lawyer's duty to act with reasonable diligence and promptness in representing a client requires the lawyer to: 1. Be dedicated and committed to a client's interests despite obstruction or inconvenience to the lawyer; 2. Control the lawyer's workload to ensure that all matters are handled competently; 3. Act with reasonable promptness; AND 4. Follow through on all matters until completion as outlined by the agreement between the lawyer and the client.

Answer 6

An injured client or third party can bring a malpractice action in a civil court for: 1. Breach of contract for not fulfilling a duty; 2. Breach of the fiduciary relationship between the lawyer and the client; 3. Intentional tort (e.g., fraud, intentional infliction of emotional distress, malicious prosecution, and abuse of process); OR 4. Negligence. BCFTN

Answer 7

When a lawyer enters a contract with a third party on the client's behalf, the client is generally solely liable under the contract. The lawyer may be liable as well when: 1. The client's existence or identity was not disclosed to the third party; OR 2. The third party is someone who provides goods or services used by lawyers and who, as the lawyer knows or reasonably should know, is relying on the lawyer's credit. CIDGSR

Answer 8

An action will be considered frivolous if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification, or reversal of existing law.

Answer 9

An action is not frivolous merely because (i) the facts have not first been fully substantiated, (ii) the lawyer expects to develop critical evidence only through discovery, or (iii) the lawyer believes that the client’s position ultimately will not prevail.

Answer 10

A lawyer owes duty of fairness to the opposing party and counsel that prohibits the lawyer from using tactics intended to unfairly disadvantage the opposing party, such as: 1. Obstructing another party's access to evidence; 2. Offering an inducement to a witness that is prohibited by law; 3. Knowingly violating the tribunal's rules; 4. Making a frivolous discovery request; 5. Undermining evidentiary rules at trial by alluding to an irrelevant matter, unsupported claim, or personal opinion; OR 6. Requesting a person (other than the client) to refrain from volunteering pertinent information.

Answer 11

Yes. A lawyer's duty of candor prohibits the lawyer from misleading the tribunal by knowingly: 1. Making (or failing to correct) a false statement of law or fact; 2. Failing to disclose controlling legal authority directly adverse to the client's position and undisclosed by opposing counsel; OR 3. Offering evidence that the lawyer knows is false. But a lawyer's mere belief that evidence is false does not preclude the lawyer from presenting it to the trier of fact.

Answer 12

No. A lawyer is not permitted to communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer: 1. Has the consent of the other lawyer; OR 2. Is authorized to do so by law or a court order. Note: Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising her client about a communication that the client is legally entitled to make, so long as the lawyer does not attempt to make a prohibited communication through the client.

Answer 13

Only if: 1. The lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client; AND 2. The client gives informed consent if the lawyer knows or reasonably should know that the evaluation is likely to affect the client’s interests materially and adversely.

Answer 14

The lawyer must: 1. Inform unrepresented parties that the lawyer is not representing them; AND 2. If the lawyer knows or reasonably should know that a party does not understand the lawyer’s role in the matter as a third-party neutral, the lawyer must explain the difference between his role as a third-party neutral and the role of a lawyer who represents a client, including that the attorney-client privilege does not apply in this context.

Answer 15

The Model Rules require the prosecutor to: 1. Disclose any new, credible evidence to the appropriate authority; AND 2. Seek to remedy a conviction in the prosecutor’s jurisdiction when the prosecutor knows of clear and convincing evidence that a defendant was wrongfully convicted.

Answer 16

No. Pretrial and during trial, prosecutors have a constitutional duty to disclose to the defense all known, material exculpatory evidence. But the MRPC imposes a broader ethical duty to disclose all exculpatory or mitigating evidence during sentencing. A prosecutor must disclose to the defense and to the tribunal all unprivileged mitigating evidence known to the prosecutor whether or not it is material.

Answer 17

A lawyer has a duty to reasonably safeguard property belonging to a client or third party that is in the lawyer's possession in connection with a representation. The lawyer generally satisfies this duty by: 1. Holding the property separately from the lawyer's own property; 2. Keeping a complete accounting of the property; AND 3. Promptly delivering the property to the client or third party when delivery is due under the circumstances.

Answer 18

No. When a lawyer receives funds on a client's behalf from which the lawyer's fees are to be paid and the client disputes the fee amount, the lawyer must: 1. Keep the disputed funds separate in a client trust account until the dispute is resolved; AND 2. Promptly distribute the undisputed funds to the client and/or the lawyer.

Answer 19

A lawyer may have a duty to protect a third party's lawful claim to property in a lawyer’s possession from the client’s wrongful interference. In such a case, the lawyer: 1. Must not turn over the property to the client even if the client demands it; AND 2. Should not attempt to arbitrate the dispute between the client and the third party. The lawyer may also file an interpleader action in order to have a court resolve the dispute.

Answer 20

A communication is false if it contains a material misrepresentation of fact or law, but even a truthful communication can be misleading if it: 1. Omits a fact needed to make the lawyer's communication considered as a whole not materially misleading; 2. Is substantially likely to lead a reasonable person to believe that he/she must take further action when, in fact, no action is required; OR 3. Is substantially likely to lead a reasonable person to form a specific conclusion for which there is no reasonable factual foundation.

Answer 21

A lawyer cannot state or imply that he is certified as a specialist in a particular field of law unless: 1. The lawyer was certified as a specialist by an organization approved by an appropriate state authority or accredited by the American Bar Association; AND 2. The name of the certifying organization is clearly identified in the communication.

Answer 22

A lawyer is generally not permitted to give anything of value to a person for recommending the lawyer’s services, except for: 1. Payment for usual charges for a legal services plan, not-for-profit referral service, or qualified lawyer referral service 2. Non-exclusive reciprocal referral agreements; OR 3. Payment for reasonable advertising costs.

Answer 23

Yes, so long as: 1. The lawyer does not own, direct, or solicit on behalf of the plan; AND 2. The plan does not solicit persons known to need legal services in a particular matter.

Answer 24

No. A lawyer who provides short-term limited legal services as part of a program sponsored by a court or nonprofit organization need not check for client conflicts and is not subject to discipline if such a conflict exists unless: 1. The lawyer or the client expects that the lawyer will continue representation in the matter; OR 2. The lawyer knows at the time of the limited representation that a conflict exists for the lawyer or another lawyer associated with the lawyer in a law firm.

Answer 25

Solicitation of professional employment by live person-to-person contact is prohibited when a significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain, unless the person contacted is: 1. A lawyer; 2. A person who has a family, close personal, or prior business or professional relationship with the soliciting lawyer or law firm; OR 3. A person who routinely uses for business purposes the type of legal services offered by the lawyer.

Answer 26

A lawyer is never permitted to solicit professional employment if: 1. The target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; OR 2. The solicitation involves coercion, duress, or harassment.

Answer 27

Yes. A judge has a duty to respond to a lawyer's misconduct (e.g., committing a criminal act). The judge must inform the appropriate authority when: 1. The judge has actual knowledge of a lawyer's ethical violation; AND 2. The violation raises substantial question about that person's honesty, trustworthiness, or fitness to practice law.

Answer 28

A judge may participate in such organizations, but is generally prohibited from personally soliciting contributions on behalf of such organizations. However, a judge may solicit contributions from: (i) members of the judge's family, or (ii) judges over whom the judge does not exercise supervisory or appellate authority.

Answer 29

No. Because a judicial candidate must not engage in political activity that is inconsistent with the independence, integrity, or impartiality of the judiciary, any campaign contributions must be solicited and accepted by the candidate's campaign committee, not the judge personally. (Including if someone else solicits and they accept)

Answer 30

RPCI R. Lawyer Reasonably believes he will be able to provide competent and diligent representation to each client I. Representation Is not prohibited by law C. Representation does not involve assertion of Claim by one client against another client I. Each affected client gives Informed consent, confirmed in writing

Answer 31

RRIID R. Engage in conduct that would appear to Reasonable person to be coercive R. Make use of court Resources (premises, staff, stationery, equipment, etc.) except for incidental use of activities that concern the law, legal system, administration of justice, or additional use permitted by law I. Participate in activities that will Interfere with proper performance of judicial duties I. Participate in activities that would appear to reasonable person to undermine judge's Independence, integrity, or impartiality D. Participate in activities that will lead to frequent Disqualification

Answer 32

"PURP BAG" (7) An attorney may withdraw from representing a client for any reason if it can be done without material adverse effect on the client's interests or if the client consents. Even if withdrawal has an adverse impact on client's interests, attorney may withdraw if: P. Attorney reasonably believes that client is PERSISTING in criminal or fraudulent conduct that involves the attorney's services; U. Client has USED attorney's services to commit past crime or fraud; R. Client's objective is REPUGNANT or against lawyer's fundamental beliefs; P. Client breaks PROMISE to attorney after being warned of threat of withdrawal; B. Continuing representation would impose unreasonable financial BURDEN on attorney; A. Client will not cooperate/has made attorney's work unreasonably ARDUOUS; or G. Other GOOD cause exists for withdrawal.

Answer 33

"SCEWCS" (6) S. arrangement must be SIGNED in writing by client and writing states: C. how the fee is CALCULATED, E. what EXPENSES are to be deducted from recovery, W. WHEN deductions will be made (before or after contingent fee is calculated), C. what expenses the CLIENT must pay, whether or not they win; S. the lawyer must give the client a written STATEMENT showing the outcome of the case, the remittance to the client, and how the remittance was calculated.

Answer 34

"Riley Patrick, Jacob Wilson" (4) R. Total fee is REASONABLE; P. The split is in PROPORTION to the services performed by each lawyer, OR J. The split is in some different proportion if each lawyer assumes JOINT responsibility for the matter; and W. The client agrees to the split in a WRITING that discloses the share each lawyer will receive.

Answer 35

"Teaching Assistant Sarah Jessica Parker" (5) T. Client TESTIFYING in criminal case; A. Making an APPEAL; S. Accepting SETTLEMENT offer; J. Waive a JURY trial in a criminal case; and P. Entering a PLEA in a criminal case.

Answer 36

"Nathan (and) Taylor Reprimand Raven" (4) after being terminated N. Provide client with reasonable NOTICE; T. Provide client TIME to obtain new representation; R. REFUND attorney's fees paid in advance and not yet earned and expense advances not yet spent; and R. RETURN all papers and property to which the client is entitled.

Answer 37

"Future Broke J.D." FUTURE. (1) Client seeks the attorney's services to engage in or assist a FUTURE crime or fraud; BROKE. (2) A communication is relevant to an issue of BREACH (by either the attorney or the client) of the duties arising out of the attorney-client relationship; J. (3) There is civil litigation between two persons who were formerly the JOINT clients of the attorney; or D. (4) any of a variety of situations arises in which the attorney can furnish evidence about the competency or intention of a client who has attempted to DISPOSE of property by will or inter vivos transfer.

Answer 38

"FACIAL AD" (8) F. Prevent (or mitigate consequences of) a client from committing a crime or fraud that is reasonably certain to result in substantial FINANCIAL harm to someone (if client is using or has used attorney's services); A. Implied AUTHORITY; C. Detect and resolve CONFLICTS of interest when lawyer changes firms, law firms merge, or law practice is purchased, where disclosure is subject to the following conditions: (i) only after substantive discussions regarding the new relationship have occurred (ii) limited to the extent necessary to detect any conflicts (iii) must not compromise the attorney-client relationship or prejudice clients (3iv) may be used only to the extent necessary to detect and resolve any conflicts; I. Client's INFORMED consent; A. Protect the ATTORNEY's interests in a dispute that involves the conduct of the attorney; L. Required by LAW or court order; A. Obtain legal ethics ADVICE; or D. Prevent reasonably certain DEATH or substantial bodily harm

Answer 39

"PAM RAP" (6) P. An attorney may simply PAY the court costs and litigation expenses for an indigent client, without any provision for repayment; A. (2) An attorney may ADVANCE court costs and other litigation expenses on the client's behalf, and repayment may be contingent on the outcome of the case; and M. (3) A lawyer representing an indigent client pro bono may provide MODEST gifts (not loans) to the client for food, rent, transportation, medicine, and other basic living expenses. However, the lawyer must not: (3i) seek or accept REIMBURSEMENT from the client or anyone affiliated with the client; (3ii) publicize or ADVERTISE a willingness to provide such gifts to prospective clients; or (3iii) PROMISE or imply the availability of such gifts prior to retention, or as an inducement to continue the client-lawyer relationship after retention.

Answer 40

"DM Beauty LAB" (6) An attorney must not represent a client if: D. the representation of one client will be DIRECTLY adverse to another client (same attorney for both clients even if in unrelated matters or vigorously cross-examining one client in the representation of the other client); or M. there is a significant risk that the representation of one client will be MATERIALLY limited by the lawyer's own interest or by the lawyer's responsibilities to another client, a former client, or a third person. Despite a concurrent conflict of interest, a lawyer may represent a client if: BEAUTY. the lawyer reasonably BELIEVES that he can competently and diligently represent each affected client; L. the representation is not prohibited by LAW; A. the representation does not involve the assertion of a claim by one client AGAINST another client represented by the lawyer in the same litigation (or other proceeding before a tribunal); and B. BOTH affected clients give informed consent, confirmed in writing.

Answer 41

BI (1) Attorney must not enter into a BUSINESS transaction with a client, OR (2) Acquire an INTEREST that is adverse to a client

Answer 42

FACS F. Terms are FAIR to client; A. Essential terms are fully disclosed to client in writing, including ATTORNEY's role in transaction C. Client is advised in writing to seek advice from independent COUNSEL S. Client gives informed consent, SIGNED in writing

Answer 43

"AS(S)S FRI" (6) A. Must not represent a client with materially ADVERSE interests to a former personal/firm client S. in the same or SUBSTANTIALLY related matter, (S). where matters are "substantially related" if: S. they involve the SAME transaction or legal dispute, or F. there otherwise is a substantial risk that confidential FACTUAL information as would normally have been obtained in the prior representation would materially advance the new client's position. R. but, if a lawyer ROUTINELY handled a type of problem for a former client, the lawyer may later oppose that former client in a factually distinct problem of the same general type I. unless former personal/firm client gives INFORMED consent, confirmed in writing.

Answer 44

"SF Nights: Pretty Cool, Really Rad" (7) S. The (disqualified) attorney is properly SCREENED F. The (disqualified attorney) does not share FEES from the matter, and NIGHTS. The former client is given prompt written NOTICE detailing: PRETTY. a description of the screening PROCEDURES employed, COOL. a statement of the firm's and the lawyer's COMPLIANCE with these requirements, REALLY. a statement that REVIEW before a tribunal may be available, and RAD. an agreement by the firm to RESPOND promptly to written inquiries or objections by the former client concerning the screening procedures.

Answer 45

"Sought Services But Attorney Said No" (6) SOUGHT. Attorney must not later represent a different person in the same or a SUBSTANTIALLY related matter SERVICES. if the confidential information could SIGNIFICANTLY harm the prospective client

Answer 46

BUT. unless BOTH the affected client and the prospective client give informed consent, confirmed in writing, OR (4) the following conditions are satisfied: ATTOREY. (disqualified) attorney took care to AVOID exposure to any more confidential information than was necessary SAID. (disqualified) attorney was timely SCREENED NO. prospective client receives written NOTICE.

Answer 47

"Secretary Sue Sabotages Government" (4) (1) An attorney who leaves the government and enters private practice must not represent a private client in the SAME matter if (1i) it involves the same SPECIFIC set of facts and same specific parties, and (1ii) the lawyer participated personally and SUBSTANTIALLY while in government service, (2) unless the GOVERNMENT agency gives informed consent, confirmed in writing.

Answer 48

"Secretary Sue Saves Bureaucracy" (4) (1) An attorney who leaves private practice and enters the government must not represent a private client in the SAME matter if (1i) it involves the same SPECIFIC set of facts and same specific parties, and (1ii) the lawyer participated personally and SUBSTANTIALLY while in government service, (2) unless BOTH the government agency and former client give informed consent, confirmed in writing.

Answer 49

A lawyer may not represent a client in a matter if another party is represented by a relative (e.g., parent, child, sibling, spouse) of the lawyer unless the client gives informed consent. However, the lawyer's disqualification is not imputed to the lawyer's firm unless the representation of the client by other lawyers in the firm presents a significant risk of materially limited representation.

Answer 50

if the lawyer knows or reasonably should know that the evaluation is likely to affect the client materially and adversely, then the lawyer may not provide the evaluation unless the client gives informed consent.

Answer 51

The lawyer should first, at the very least, determine whether the person or entity is likely to act adversely to the client's interest.

Answer 52

A judge must disqualify himself in any proceeding in which the judge's impartiality might be reasonably questioned.

Answer 53

One such circumstance arises when the judge has actual knowledge that the judge, the judge's spouse or domestic partner, a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is: a party to the proceeding acting as a lawyer in the proceeding a person who has more than a de minimis interest that could be substantially affected by the proceeding or likely to be a material witness in the proceeding.

Answer 54

An opinion or judgment that is not made as a representation of fact—to advocate for their client's position during negotiations. Common examples of puffing include price or value estimates, predictions about the viability of a claim, and other subjective statements.

Answer 55

A lawyer owes a duty of confidentiality to prospective, current, and former clients. A lawyer may disclose a current client's information to a third party if the disclosure is impliedly authorized to carry out the representation, but this exception does not apply to former or prospective clients.

Answer 56

Lawyer has duty to accept appointment absent good cause—eg: - representing client is likely to result in violation of MRPC or other law - representing client is likely to result in unreasonable financial burden on lawyer or - client or cause is so repugnant to lawyer that it would likely impair client-lawyer relationship or lawyer's ability to represent client

Answer 57

SNARL S. Receive payment in Sale of law practice N. Give Nominal gifts as token of appreciation A. Pay reasonable costs for Advertisements R. enter into Reciprocal referral agreements or L. Pay usual charges for Legal services plan, not-for-profit referral service, or qualified lawyer referral service

Answer 58

Timely disclose to defense all evidence or information known to prosecutor that tends to negate guilt of accused or mitigates offense

Answer 59

Disclose to defense & tribunal all unprivileged mitigating information known to prosecutor, unless relieved of responsibility by protective order of tribunal

Answer 60

Unless prosecutor makes good faith, independent judgment that evidence does not require action, prosecutor must: promptly disclose to tribunal/authority newly discovered credible evidence creating reasonable likelihood that convicted defendant did not commit offense and if in prosecutor's jurisdiction: disclose such evidence to defendant unless court authorizes delay and investigate, or make reasonable efforts to cause investigation, to determine whether defendant committed offense

Answer 61

lawyer reasonably believes competent representation can be provided representation is not prohibited by law client is not asserting claim against another client in same proceeding and client gives informed consent to waiver, confirmed in writing

Answer 62

firm screens nonlawyer employee from representation of its client

Answer 63

screens lawyer from representation of current client & related fee gives former client written notice of conflict and provides former client with certification of compliance with MRPC

Answer 64

The firm's representation is not materially limited by conflict.

Answer 65

It prohibits OFF ROAD: Obstructing access to evidence Falsifying evidence Frivolous discovery requests Requesting person Other than client refrain from volunteering information (unless that person is a relative, or an employee or other agent of the client and reasonably believes the person's interests will not be adversely affected by refraining from giving such information) Alluding to irrelevant matter, unsupported claim, or personal opinion at trial Disobeying (knowingly) the rules of the tribunal

Answer 66

The duty of confidentiality protects all information related to a client's representation including that obtained from a client/prospective client, obtained from a third party, obtained during discovery, and obtained from other sources.

Answer 67

A lawyer is vested with apparent authority when: the tribunal or a third person reasonably assumes that the lawyer is authorized to act based on client's manifestations of such authorization.

Answer 68

Lawyer is vested with actual authority when: Client expressly or impliedly authorized act Client ratifies act or authority to act is reserved for lawyer: refuse to assist in acts in representation that lawyer believes to be unlawful or make decisions or take action that lawyer reasonably believes is required by law or order by tribunal

Answer 69

Before a malpractice claim occurs, a lawyer may not: Enter into a prospective agreement with the client limiting malpractice liability unless the client is independently represented in making the agreement Agree to submit future malpractice dispute to arbitration unless client is informed of scope & effect on arbitration clause.

Answer 70

Advised in writing of the desirability of seeking independent legal counsel regarding the settlement and given reasonable opportunity to seek such advice

MPRE Review Flashcards

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