Exam (elaborations)
MPRE PREP QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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MPRE PREP QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
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MPRE PREP QUESTIONS AND ANSWERSWITH SOLUTIONS 2024
POWERS TO REGULATE LAWYERS - ANSWER States, and Federal courts, ABA rules.
Mandatory Reporting - ANSWER A lawyer who knows of another lawyers misconduct that raises
substantial question as to that lawyers honesty, trustworthiness, or fitness as a lawyer SHALL inform the
appropriate authority.
Knowledge - ANSWER Actual knowledge
Exception to mandatory Reporting - ANSWER Where there is confidential communications or the wrong
doer is in an approved lawyers assistant program (Lawyer to lawyer) a lawyer does not have to report
the wrong doing.
Moral Turpitude - ANSWER Lying, violence, theft, Extreme recklessness, sexual misconduct. False
statement, or concealing material information in Bar Application.
Engaged in Criminal Conduct - ANSWER Any act that reflects adversely on the attorney's honesty,
trustworthiness or fitness as a lawyer in other respects.
Responsibilities of Partners, Managers & Supervisory Lawyers - ANSWER A partner, managers and
supervisors, shall make reasonable efforts to ensure that the firm has in effect measures to reasonable
assure that all lawyers in the firm conform to the Rules of
Professional Conduct.
Ethical Violations of Subordinates - ANSWER Supervisors are responsible if he orders or ratifies the
conduct Involved - or has knowledge of the specific conduct, and ratifies the conduct.
Ethical Violations of Other Attorneys - ANSWER An attorney is not responsible for ethical violations of
another attorney unless the he has supervisory authority and fails to take remedial action.
, No Duty to Accept Representation - ANSWER the general rule is that an attorney has no duty to accept
representation. An attorney is free to accept or reject any case.
Duty to Reject - ANSWER A lawyer has a duty to reject representation when doing so would violate a rule
of ethics or law, or when the lawyer's physical or mental condition materially impairs the lawyer's ability
to represent the client.
Frivolous Claim or Defense Rule - ANSWER An attorney shall not knowingly pursue a factually or legally
frivolous claim or defense that violates the duty of candor and fairness. In such cases, the lawyer MUST
withdrawal.
Criminal or Fraudulent Conduct - ANSWER Conduct that the lawyer knows is criminal or fraudulent. but a
lawyer may discuss the legal consequences of any misconduct the client proposes.
Duty to Communicate - ANSWER A lawyer shall explain a matter to the extent reasonably necessary to
permit the client to make informed decisions regarding the representation. Failing to do so subjects him
to discipline.
Mandatory Withdrawal - ANSWER An attorney must withdraw from representing a client where the
attorney's physical and mental condition does not permit him to represent the client. Representation will
violate an ethical duty, or he is fired by the client,
Permissive Withdrawal - ANSWER An attorney may withdraw from representation if the representation
does not have a material adverse effect on the client or the client consents to the withdrawal. May
withdraw for good cause.
Fruits and/or Instrumentality of a Crime - ANSWER an attorney may not keep, hide or alter the fruits or
instrumentalities of a crime.
! No Keeping - the lawyer, however, does not have to disclose where the fruit or instrumentality of a
crime came from No Hiding
! No Altering
Documents Inadvertently delivered to the Lawyer - ANSWER Alawyer who receives a document relating
to
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