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MPRE PRACTICE EXAM I REVIEW QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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MPRE PRACTICE EXAM I REVIEW QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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MPRE PRACTICE EXAM I REVIEWQUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
A toy manufacturer was sued by the parent of a child injured by one of its products. As the
manufacturer's attorney was preparing to respond to a discovery request from the plaintiff, the attorney
found a document that was very damaging to his client's case. Prior to complying with the discovery
request and turning over the document, the attorney called his opposing counsel and offered to settle
the case. The attorney stated that although he believed his client was very likely to win a summary
judgment motion, they would settle the case for a modest amount to save the costs of litigation. In fact,
the attorney believed his client had no chance of winning a summary judgment motion and was also
likely to lose at trial based on the document he had found. The opposing counsel declined the attorney's
offer. The attorney turned over the document, and the case proceeded to trial, where judgment was
awarded to the plaintiff. - ANSWER c. Yes, because the attorney's statement did not constitute a
statement of fact.
Answer choice A is incorrect because the attorney did not make a false statement of material fact; this
statement constituted permissible puffing. Answer choice B is incorrect because although an attorney is
prohibited from making false statements of material fact, an attorney does not owe the duty of candor
to opposing counsel that she owes to the court. Answer choice D is incorrect because although the
opposing counsel did not accept the attorney's offer and hence the plaintiff was not harmed by the
attorney's statements, the absence of harm does not prevent an attorney's action from being a violation
of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his client's
family physician and the client's only daughter to determine whether a guardian should be appointed to
monitor the client's finances. These were the only discussions the attorney had ever had with either the
physician or the daughter. In these discussions, the attorney revealed confidential information about a
bank account maintained by the client before learning that the daughter and her mother were estranged
because the daughter had stolen from her mother in the past. Was the attorney's revelation of the
confidential information proper?
a. Yes, because the attorney was trying to determine whether his client needed a guardian.
b. Yes, because the daughter had relevant information to help determine whether the client needed a
guardian.
,c. No, because the attorney should not have disclosed confidential informatio - ANSWER d. No, because
the attorney did not first determine whether either the doctor or his client's daughter might act
adversely to his client's interests.
Answer choice A is incorrect because, while the attorney may disclose confidential information when
taking protective action for a client with diminished capacity, he should first consider whether it is likely
that the person consulted will act adversely to the client's interests. Here, the daughter, based on her
past interaction with her mother, could take action that would be antithetical to her mother's financial
interests. Answer choice B is incorrect because, although the daughter likely had relevant information,
whether the information is relevant is not the only consideration. Answer choice C is incorrect because
prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after consultation with and
approval by the client, employed a surveyor. The attorney, who had used and compensated the surveyor
in previous, similar situations for other clients, described the purpose of the survey and the party she
represented to the surveyor. The retainer agreement between the attorney and the client specified that
the client was responsible for payment of all litigation expenses. The surveyor performed a survey of the
disputed boundary and submitted an invoice to the attorney for the agreed-upon amount. Prior to
payment of this invoice, the client, in direct conversation with his neighbor, reached an agreement over
the boundary between their properties. The client paid the attorney her fee as agreed upon in the
retainer agreement but refused to pay the attorney for the cost of the survey. Is the attorney likely subj -
ANSWER d. Yes, because of the nature of the services rendered by the surveyor.
Answer choice A is incorrect because, although the client was contractually obligated to pay litigation
expenses (as is generally required by the Model Rules of Professional Conduct except in the case of a
contingency fee arrangement or an indigent client), the attorney is liable to the surveyor; note, though,
that the attorney is entitled to seek reimbursement from the client for the payment of the surveyor's bill.
Answer choice B is incorrect because, although the client was consulted about and approved the hiring
of the surveyor, the attorney is liable to the surveyor, even though the attorney is entitled to seek
reimbursement from the client for payment of the surveyor's bill. Answer choice C is incorrect because
the Model Rules of Professional Conduct generally require the client, not the attorney, to bear
responsibility for the payment of litigation expenses.
Section: Civil Liability To Non-clients
,A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the defendant
was served, a partner from a large law firm filed an appearance on behalf of the defendant. The judge's
niece was a salaried associate in the estate planning department of the law firm representing the
plaintiff. At the initial scheduling conference, the judge disclosed this relationship to the parties.
Subsequently, the judge also disclosed that a person listed by the plaintiff as a material witness was his
wife's nephew. Neither the niece nor the nephew resided in the judge's household. Neither party moved
to disqualify the judge. Other than the disclosures made by the judge, there were no grounds upon
which the judge's impartiality could be reasonably questioned. Should the judge disqualify himself from
presiding over this action?
a. Yes, because of the judge's relationship with a member of the law firm repres - ANSWER b. Yes,
because of the judge's familial relationship with the material witness.
Answer choice A is incorrect because a judge must disqualify himself in a matter if he knows that he or
his spouse or domestic partner shares a third-degree or closer relationship to an attorney who
represents a party in the case. A third-degree relationship includes a niece of the judge. However, the
employment of the judge's niece as a lawyer by the same law firm as the attorney who represents a
party does not automatically require the judge to disqualify himself unless the niece has more than a de
minimis interest that could be affected by the proceedings. Since the niece was not employed by the
department of the firm handling the case and since the income of the niece, as a salaried associate,
would not be directly affected by the outcome of the case, the niece's interest in the case likely was de
minimis. Accordingly, the judge's impartiality probably cannot be reasonably questioned on the grounds
of his relationship with his niece, making B a better answer. Answer choice C is incorrect because a judge
may be required to disqualify himself even if a party does not seek his disqualification. Answer choice D
is incorrect because, although the standard for disqualification when a relative of the judge has an
economic interest in the subject matter of the controversy or is a party to the proceeding is based in part
on whether the relative resides in the judge's household, disqualification can be appropriate for a
relative within the third degree of relationship even though that relative does not reside in the judge's
household in certain circumstances, such as when a relative is likely to be a material witness.
Section: Duties Of Impartiality, Competence, And Diligence
An attorney was passionate about civil rights, but the jurisdiction in which he practiced was less
progressive than he. The attorney accepted the case of a client whose claim was not supported by law
within the jurisdiction. If the client had been able to bring the claim in another state, however, his claim
would likely have been successful. The attorney accepted the claim despite his knowledge that the client
would lose because he was confident that the media attention would provide momentum for a change
of the law. He notified the client of the likelihood of losing, but the client wished to pursue the claim
regardless. Is the attorney subject to discipline for bringing this suit?
, a. No, because the client wishes to pursue the claim even if it will be unsuccessful.
b. No, because the case, even if unsuccessful, might lead to a change in existing law.
c. Yes, because he knows the claim will likely lose.
d. Yes, beca - ANSWER b. No, because the case, even if unsuccessful, might lead to a change in existing
law.
Answer choice A is incorrect because the attorney must determine whether a claim is frivolous,
independent of the client's objectives. A claim that a client wishes to pursue may, in fact, be frivolous.
Answer choice C is incorrect because a claim is not frivolous merely because the client's position will
ultimately not prevail. Answer choice D is incorrect because, although there was no legal precedent in
the jurisdiction that would help him win the case, the claim was not frivolous in light of the attorney's
attempt to make a good-faith argument to modify existing law.
Section: Conduct In The Course Of Litigation
While using the copy machine, a transactional associate overheard two summer interns talking in the
next room about a litigation associate in the firm. The interns, who did not see the transactional
associate or know he was there, discussed the litigation associate's behavior and speculated that she had
been drinking while at work. They said they believed that her drinking had caused her to make several
mistakes in active cases. The interns never mentioned the litigation associate by name, but the
transactional associate knew that they primarily worked with one attorney. He had never seen the
litigation associate drinking and had always heard that her work was satisfactory, so he dismissed the
discussion as mere gossip and did not take any action based on the information. Several months later, a
client filed a complaint with the disciplinary board against the litigation associate that included
allegations related to - ANSWER a. No, because the transactional associate did not have actual
knowledge of any misconduct.
Answer choice B is incorrect because an attorney may have a duty to report misconduct even if he does
not personally witness it. Answer choice C is incorrect because an attorney is subject to discipline if he
fails to report misconduct of which he has actual knowledge. Here, the transactional associate did not
have actual knowledge of the litigation associate's alcohol abuse. Answer choice D is incorrect because
although the misconduct raises questions as to the litigation associate's professional fitness, the
transactional associate did not have a duty to report it because he lacked actual knowledge.
Section: Peer Responsibility For Reporting Misconduct
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