Bar Bri - MPRE Exam Questions with
Correct Verified Answers, Already
Passed! (Complete & Accurate)
1. Fee Division with a Non-Lawyer - ANS ✓NO splitting fees with non-
lawyers; except...
1. Payment to heirs (your dead partner's kids)
2. Payment as part of a pension or bonus plan
3. Court awarded fees with a non-profit organization you represent (more
or less a donation)
2. Generally, defining a "firm" - ANS ✓As a general rule, sharing space
is NOT a firm but sharing information usually is
3. Formal, defining a "firm" - ANS ✓Lawyers who frequently consult,
work together, and have access to each other's files
4. Who is "in charge" of a law firm? - ANS ✓Only lawyers can be in
charge of the law firm (as shareholders, partners, etc.) - exception
would be temporary shareholder in the event of death of a partner
(until the remaining shareholders buy-out the dead partner's share)
5. Rule of Imputation - ANS ✓What you cannot do, your partner
cannot do...what your partner cannot do, you cannot do.
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6. Solo Practioner: duty to plan - ANS ✓A solo practitioner has a
special duty to plan for death or disability by designating another
competent lawyer to:
1. Review files;
2. Notify clients; and
3. Take protective action
7. Supervising Attorneys are responsible for the acts of
subordinates if... - ANS ✓1. Supervisor knew and did nothing; OR
2. Supervisor told the person to do it
8. Subordinate (of supervising attorney) is NOT responsible if... -
ANS ✓it is arguable that the subordinate should not, or could not
have...
1. objected
2. acted contrarily, or
3. known the act was a violation
9. Restrictions on the Right to Practice (Employment agreements,
non-competes, etc.) - ANS ✓As a general rule, no such restrictions
are typically allowed; EXCEPT
1. As part of a retirement plan (a law firm can restrict the activities of
retirees)
2. Withdrawal from a firm but will collect a salary for some time after (a
firm can restrict people they are still paying)
3. Sale of a Practice (when you sell your firm, there can be a covenant that
restricts your ability to compete with the firm that you just sold)
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10. Lawyers and Buses - ANS ✓We are not buses. We are not
required to take each and every case that walks in the door.
11. Exceptions to the general freedom of lawyers to reject
cases: - ANS ✓1. Defenceless or oppressed - a lawyer "should" take
these cases
2. Fair share of pro bono work - a lawyer "should" take his fair share
3. Court Appointments - you "must" take court appointments, with 2
exceptions
12. Exceptions to the requirement that you take all court
appointments - ANS ✓Generally, "good cause" to reject must be
shown under two possible scenarios:
1. Taking the case would create, for you, an unreasonable financial burden
(and not just a modest financial burden)
2. If there is a DUTY TO REJECT (five possibilities)
13. Duty to Reject - ANS ✓1. INABILITY - physical or mental
disability prohibits representation
2. CONFLICTS - conflict of interest (and the rule of imputation means that
everyone in the firm is conflicted out)
3. FRIVILIOUS - Cases where there is "no meritorious defense" must be
rejected (except, criminal cases always have the right to a defense)
4. FEELING SO STRONG - you have a duty to protect your client from
representation that may be unfairly influenced by your own strong feelings
5. INCOMPETENCE - If you are incompetent in a specific area of the law
because it is too complex or difficult
14. Examples of Frivolous Cases (where you have a duty to
reject) - ANS ✓1. Client's motive is harassment
BarBri - MPRE Exam
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