Exam (elaborations)
MPRE RULES QUESTIONS AND ANSWERS
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MPRE RULES QUESTIONS AND ANSWERS
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MPRE RULESQUESTIONS
AND ANSWERS
Rule 1.1 Competence - Answers- SHALL be competent = legal knowledge, skill,
thoroughness and preparation reasonably necessary
Rule 1.2 Scope of Representation and Allocation of Authority - Answers- SHALL abide
by client's decisions concerning objectives of representation
SHALL consult with the client as to the means pursued.
MAY take implied action to carry out representation
SHALL abide by a client's decision whether to settle
SHALL abide by the client's decision as to criminal plea, waive jury trial and whether the
client will testify.
representation does NOT constitute endorsement of client's political, economic, social
or moral views.
MAY limit the scope of the representation if limitation is reasonable and informed
consent.
SHALL NOT engage, or assist a client, in criminal/fraudulent,
MAY discuss legal consequences of any proposed course of conduct
Rule 1.3 Diligence - Answers- SHALL use reasonable diligence and promptness
Rule 1.4 Communication - Answers- SHALL promptly inform of required informed
consent,
reasonably consult about the means used for objectives;
reasonably informed about the status;
promptly comply with reasonable requests for information; and
consult about any relevant limitation on the lawyer's conduct
explain reasonably necessary for informed decisions regarding the representation."
, Rule 1.5 Fees - Answers- SHALL NOT agree for, charge, or collect an unreasonable
fee
(1) the time / labor, the novelty / difficulty of questions, skill requisite;
(2) likelihood, if apparent to client, that particular employment precludes other
employment by the lawyer;
(3) customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer; and
(8) whether fee is fixed or contingent.
SHALL communicate scope of representation and fee, + in writing, within a reasonable
time, except when regular client. Any changes shall also be communicated.
MAY be contingent, if in signed writing, stating method, clearly notifying of any client
expenses, and a written statement of outcome showing remittance and method of its
determination.
SHALL NOT be contingent fee securing a divorce or amount of alimony, or criminal
case.
ONLY fee-splitting if in proportion or each lawyer assumes joint responsibility; client
agrees in writing; and fee is reasonable."
Rule 1.6 Confidentiality of Information - Answers- SHALL not reveal information relating
to the representation unless informed consent, impliedly authorized or reasonably
believes necessary prevent certain death or SBH; client from committing a crime
reasonably certain to result in substantial injury to financial interests and in furtherance
of lawyer's services; mitigate or rectify substantial injury to financial interests reasonably
certain in furtherance lawyer's services; establish malpractice claim / defense, defense
to a criminal charge or civil, or comply with other law or a court order."
Rule 1.7 Conflict of Interest: Current Clients - Answers- SHALL NOT represent a client
if:
(1) representation is directly adverse to another client; or
(2) risk one or more clients materially limited by lawyer's responsibilities to another
client/personal.
MAY represent if
reasonably believes competent and; not prohibited by law; does not assert a claim by
one client against other; AND informed consent in writing."
Comments:
Resolution of a conflict SHALL:
1) clearly identify client or clients;
2) determine whether a conflict of interest exists;
3) decide whether the conflict may be undertaken (consentability); and
4) obtain informed consent in writing.
Paragraph 4:
Conflict AFTER Representation, lawyer must withdraw (unless informed consent).
Paragraph 12:
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