Exam (elaborations)
THEMIS -- MPRE PRACTICE MCQS QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
- Course
- Institution
THEMIS -- MPRE PRACTICE MCQS QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
[Show more]
Content preview
THEMIS -- MPRE PRACTICE MCQSQUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
Which of the following is a sufficient character and fitness ground for denying an applicant a license to
practice law?
A. Conviction of a minor crime, such as disorderly conduct
B. Failure to disclose a minor crime
C. Carrying substantial debt
D. Not being a resident of the state in which admission is sought - ANSWER B. Failure to disclose a minor
crime
Which of the following does NOT constitute misconduct for which a lawyer can be subject to discipline?
A. Violation of a rule of professional conduct
B. A conviction for bribing a juror
C. Fraud committed in a personal transaction
D. Conviction for minor traffic offense - ANSWER D. Conviction for minor traffic offense
Which of the following statements regarding a lawyer's responsibility for misconduct by others is FALSE?
A. A partner in a firm must ensure that the firm has in place measures to prevent violation of the rules of
professional conduct.
B. A supervisory lawyer who learns of a violation of the rules of professional conduct by a subordinate
lawyer after it has occurred has an obligation to take remedial action.
C. A subordinate lawyer can follow a supervisory lawyer's reasonable resolution of an ethical issue
without violation of rules of professional conduct.
D. A supervisory lawyer is not responsible for the conduct of non-professional employees. - ANSWER D.
A supervisory lawyer is not responsible for the conduct of non-professional employees.
Which of the following statements regarding the regulation of lawyers after admission to the state bar is
FALSE?
,A. Before a lawyer may be disciplined for fraud under the rules of professional conduct, a victim must
come forward to establish the elements of reliance and damages.
B. Procedural fraud includes lying to a tribunal.
C. A large number of speeding tickets probably does not reflect poorly on a lawyer's fitness to practice
law.
D. Fraud or deceit that is noncriminal may lead to discipline under the rules of professional conduct. -
ANSWER A. Before a lawyer may be disciplined for fraud under the rules of professional conduct, a victim
must come forward to establish the elements of reliance and damages.
A corporate client retained an attorney to advise the corporate client on its employment policies and
draft the corporate client's employee handbook. After successfully drafting the employee handbook, the
attorney sent a closing letter informing the corporate client that the matter had been resolved and
terminating their client-lawyer relationship.
Ten years later, the attorney interviewed a new client. During the interview, the attorney learned that the
new client was an employee of the attorney's former corporate client and wanted to sue the former
client regarding its employment policies and handbook. The attorney accepted representation of the
new client.
Would the attorney's representation of the new client subject the attorney to discipline?
A. Yes, because a lawyer may not represent a client whose interests are adverse to a former client under
any circumstances.
B. Yes, because the new client's interests are - ANSWER B. Yes, because the new client's interests are
materially adverse to the interests of the corporate client.
The manager of a successful hedge fund is under indictment for securities fraud. The board of directors
of the hedge fund's company reached out to an attorney to secure representation for the manager. The
board of directors informed the attorney that the company would pay for the manager's legal fees so
long as the attorney agreed not to pursue any legal strategies that could result in liability for the
company. The board also informed the attorney of its decision to retain separate counsel to represent
the company's interests. The manager gave verbal informed consent to the attorney for the company's
fee-payment arrangement.
Would it be proper for the attorney to represent the manager under these conditions?
A. No, because the manager's consent was not confirmed in writing.
B. No, because the company's conditions would interfere with the attorney's professional judgment.
, C. Yes, because the manager gave his informe - ANSWER B. No, because the company's conditions would
interfere with the attorney's professional judgment.
A paralegal started working at a law firm that specializes in high-profile divorce cases, and a partner at
the firm assigned an attorney at the firm to directly supervise the paralegal's work. One day, a celebrity
came into the office to meet with the attorney. At their meeting, the celebrity explained that she was
considering divorcing her husband because she recently discovered that he was having an affair. She also
wanted to know whether his infidelity would impact their premarital agreement. The firm accepted the
representation, and the attorney assigned the paralegal several tasks regarding the matter.
That night, the paralegal went to a bar with his friends and told them about the meeting with the
celebrity and her discovery of her husband's affair. Two days later, the fact that the celebrity had met
with a divorce lawyer to discuss her husband's infidelity was on the front page of several tabloid
newspapers.
I - ANSWER A. Yes, because the attorney failed to make reasonable efforts to ensure that the paralegal
complied with the rules of professional responsibility.
An attorney represented a client in a divorce. The client informed the attorney that he had hidden
several marital assets from his spouse, so the assets would not be included in the divorce settlement.
The attorney explained that this was fraudulent and recommended that the client disclose the existence
of the assets to his spouse, but the client refused.
The attorney explained the situation to a mentor lawyer to seek ethical advice. The mentor lawyer urged
the attorney to disclose the hidden marital assets to the client's spouse to prevent the substantial
financial harm that the client's undisclosed fraud would cause. Agreeing with her mentor's assessment
of the situation, the attorney disclosed the hidden marital assets to the client's spouse.
Several months later, the client sued the attorney for malpractice for disclosing the hidden assets to his
spouse. In her deposition, the attorney discussed the hidden marita - ANSWER D. Disclosing the hidden
marital assets to the attorney's sister after the deposition.
Why?
(Choice A) The attorney's disclosure to the mentor lawyer was a permissible exception because the
attorney sought advice about her ethical obligations.
(Choice B) The attorney disclosed the hidden assets to the client's spouse to prevent a substantial
financial injury that was reasonably certain to result from the client's fraud. Therefore, the attorney is
not subject to discipline for this permissible disclosure.
(Choice C) The attorney's disclosure in the deposition was permitted as an exception because she
disclosed the information to establish her defense in the client's malpractice suit against her.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Performance. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $16.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now