Exam (elaborations)
MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICE QUESTIONS AND ANSWERSAn attorney and a prospective client met to discuss whether the attorney would
represent the client in a contractual dispute. During the conversation, the potential
plaintiff spoke to the attorney about her litigation objectives and how much she would be
able to pay the attorney. As they were wrapping up the meeting, the client noticed a
picture of the attorney's teenaged son on the wall. The client confided in the attorney
that she had a son the same age, but she had given him up for adoption because she
was an unwed teenager when he was born. She told the attorney that no one except
her family knew about the adoption, and she asked the attorney to keep it confidential.
Is the information about the client's pregnancy protected by the attorney-client privilege?
A. No, because the woman had not retained the attorney when the conversation took
place.
B. No, because the communication was not relayed for legal advice.
C - Answers- Answer choice B is correct. A confidential communication between a client
and her attorney is privileged. The evidentiary attorney-client privilege covers the client's
communication to an attorney whom the client reasonably believes represents the
client, and the circumstances indicate a desire by the client for confidentiality. Although
the attorney does not need to give advice or agree to the representation for the privilege
to exist, the communication must be for the purpose of seeking legal advice or
representation. Although the statement about the client's child was given in confidence
and would be protected by the attorney's ethical duty of confidentiality, it is not subject to
the attorney-client privilege because it was not relayed for the purpose of obtaining legal
advice. Answer choice A is incorrect because, although the woman was a potential
client with regard to the contract matter, the privilege would not apply to the statement
regarding the adoption because the statement was not made for the purpose of
obtaining legal advice. Answer choice C is incorrect because the communication was
not made for the purpose of obtaining legal advice, so it is not privileged even if the
woman had a reasonable expectation of representation. Answer choice D is incorrect
because, although the communication would have been privileged if it had been relayed
for the purpose of obtaining legal advice, it was not relayed for that purpose.
A well-known defense attorney met with a criminal defendant regarding representation
of the defendant in a highly publicized case. During the meeting, the attorney told the
defendant, who was indigent, that she would represent him if he agreed to grant her
movie rights regarding the representation. The client agreed to these terms, and the
attorney provided him with a written consent form setting forth the terms of the
representation and advising him to seek independent counsel. The attorney met with
the defendant several days later, at which time he returned a signed copy of the written
consent form. He told her that he had not consulted with another attorney. The attorney
succeeded in obtaining an acquittal at trial and began shopping a movie based on the
case to television studios shortly thereafter. Were the attorney's actions in securing the
movie rights based on the case proper?
,A. No, because the attorney neg - Answers- Answer choice A is correct. An attorney is
prohibited from negotiating for literary or media rights relating to representation of a
client prior to the conclusion of the representation. Because the attorney negotiated for
movie rights before the representation concluded in this case, her actions were
improper. Answer choice B is incorrect because the prohibition on making or negotiating
an agreement prior to the conclusion of the representation is a blanket prohibition that
cannot be waived by the client regardless of whether the client sought or obtained
independent legal counsel. Answer choice C is incorrect because an attorney may not
negotiate for media rights before the conclusion of representation, even if the client
consents. Answer choice D is incorrect because an attorney may not negotiate for
literary or media rights before the conclusion of representation, even if such rights serve
as the attorney's compensation.
An author engaged an attorney to represent him in a copyright infringement action. The
representation agreement contained a provision that required the parties to submit all
disputes, including malpractice disputes, to arbitration. The attorney did not discuss this
provision with the author, nor did he advise him to seek independent counsel with
regard to it. The infringement action was successful, and no dispute arose between the
author and the attorney. Consequently, the provision was not enforced. The applicable
jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to
discipline?
No, because the validity of arbitration is recognized by the applicable jurisdiction.
No, because the provision was not enforced.
Yes, because the attorney failed to inform the author as to the scope and effect of the
arbitration section of the representation agreement.
Yes, because the attorney - Answers- Answer choice C is correct. An attorney may
enter into an arbitration agreement with a client with regard to a malpractice dispute if
such an agreement is permitted by the applicable jurisdiction. However, the client must
be fully informed as to the scope and effect of the agreement. Because the attorney
failed to provide the client with such information, the attorney is subject to discipline for
this failure. Answer choice A is incorrect because, although an arbitration provision is
only enforceable if it is permitted by the applicable jurisdiction, in order to adhere to his
ethical obligations, an attorney must ensure that the client is fully informed as to the
scope and effect of the agreement. Answer choice B is incorrect because the lack of
enforcement of the provision can affect whether the attorney is sanctioned for the
violation, but it does not erase the attorney's failure to adhere to his ethical obligations.
Answer choice D is incorrect because, while the client must be fully informed as to the
scope and effect of the arbitration agreement, the attorney is not required to advise the
client to seek independent counsel.
Two friends were involved in a car accident and hired an attorney to represent them as
co-parties in a claim for damages related to the accident. Each client provided the
,attorney with the minimum amount he would be willing to accept to settle the case. The
clients suggested vastly different amounts. The attorney received a large settlement
offer that met the individual requirements of each party, though each party would
receive significantly different amounts in the settlement. He called both clients into his
office separately to discuss settlement. Both clients immediately consented in writing to
the agreement, though neither was aware of the amount received by the other. The
attorney then accepted the offer on behalf of both of the clients. The clients met for
dinner the following night to celebrate their win, and during dessert, one of the clients
disclosed to the other the amount he had received in the settlemen - Answers- Answer
choice D is correct. An attorney representing co-parties may make an aggregate
settlement only if both clients consent in writing after full consultation and disclosure by
the attorney, including disclosure of the nature and extent of all claims and pleas, and
the participation of each party in the settlement. Here, the attorney did not disclose the
nature and extent of the offer and the participation of each party in the settlement before
accepting the settlement offer. Answer choice A is incorrect because the attorney did not
make a full disclosure about the settlement to each party before he accepted the offers;
it is irrelevant whether the amount was aligned with the original amount specified by
each party. Answer choice B is incorrect because the attorney did not make a full
disclosure regarding the settlement to the clients before they accepted the settlement in
writing. Answer choice C is incorrect because an attorney may represent co-parties
receiving different settlement amounts as long as the attorney makes a full disclosure to
each client.
An attorney successfully represented a woman charged with operating a house of
prostitution. Subsequently, a famous politician who was charged with soliciting a
prostitute within the alleged brothel sought to hire the attorney to represent him. The
woman told the attorney that she did not object to his representation of any of the men
charged with solicitation, but she refused to sign a written statement to that effect
because she no longer wanted to be linked to the charges in any written document.
Would it be proper for the attorney to accept the politician as a client?
No, because the attorney represented the woman previously.
No, because the politician's claim is substantially related to the matter in which the
attorney represented the woman.
Yes, because the attorney received the woman's informed oral consent.
Yes, although the attorney did not receive the woman's informed consent in writing. -
Answers- Answer choice D is correct. An attorney who has previously represented a
client in a matter must not subsequently represent another person in the same or a
substantially related matter in which that person's interests are materially adverse to the
interests of the former client, unless the former client gives informed consent, confirmed
in writing. Here, while the matters were substantially related, the interests of the
politician and the woman were not adverse because both wanted to disprove that any
illegal acts related to prostitution occurred. Answer choice A is incorrect because even
, though the attorney represented a former client in a substantially related matter, the
interests of the woman and the politician are not adverse. Answer choice B is incorrect
because the former and current clients do not have adverse interests. Answer choice C
is incorrect because the woman's informed consent, oral or written, is not required
because the clients do not have adverse interests.
As required by a purchase agreement, a consumer and a retailer submitted a dispute to
an arbitration panel. The consumer and retailer each named an attorney to be a
partisan member of the panel and together those two panel members chose the third
member of the panel. After listening to both sides, the panel ruled 2-1 in favor of the
retailer, with the panel member named by the consumer voting in favor of the consumer.
Without seeking the consent of the retailer, the consumer employed the attorney he had
appointed to the panel to challenge the arbitration of the dispute. Is it proper for the
attorney to accept this employment?
Yes, because the attorney served as a partisan member of the three-member
arbitration panel.
Yes, because the attorney voted against the decision reached by the panel.
No, because the retailer did not consent to the attorney's subsequent representation of
the consumer with regard to the arbi - Answers- Answer choice A is correct. Generally,
an attorney who personally and substantially participates as an arbitrator may not
represent anyone in connection with the matter arbitrated, unless all parties to the
proceeding give informed, written consent. However, this restriction does not apply to an
arbitrator selected as a partisan of a party in a multi-member arbitration panel. Answer
choice B is incorrect because there is no requirement that an attorney who serves as an
arbitrator vote against the panel's decision in order to be able to represent a party in
connection with the matter arbitrated. Answer choice C is incorrect. As noted with
respect to answer choice A, while generally each party to an arbitration must give
informed, written consent for an attorney who personally and substantially participated
as an arbitrator to represent anyone in connection with the matter arbitrated, this
restriction does not apply to an arbitrator selected as a partisan of a party in a multi-
member arbitration panel. Answer choice D is incorrect because, although the attorney
personally and substantially participated as a member of the arbitration panel by
listening to both parties to the arbitration present their cases and voting on the matter
being arbitrated, the attorney could nevertheless represent the consumer in an action
challenging the arbitration of the dispute because the attorney was selected as a
partisan of the party in the multi-member arbitration panel.
The owner of undeveloped real property entered into a contract to sell the property to an
investor. The investor's obligation to purchase the property was conditioned on the title
to the property being marketable. A lawyer employed by the investor investigated the
validity of the seller's title to the property and reported to the investor that there was a
cloud on the seller's title, which made the property unmarketable. As a consequence, on
the date set for closing, the investor did not tender the purchase price. On that date, due
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