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BARBRI MPRE FINAL QUESTIONS AND ANSWER’S WITH SOLUTIONS 2024
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BARBRI MPRE FINAL QUESTIONS AND ANSWER’S WITH SOLUTIONS 2024
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BARBRI MPRE FINAL QUESTIONS ANDANSWER’S WITH SOLUTIONS 2024
Lawyers A and B work for the same law firm representing personal injury plaintiffs. A tells B
one night after work that she is having a romantic relationship with a man who regularly supplies her
with cocaine. When B replied that it was wrong to take cocaine during business hours, A laughed and
said that the cocaine helps her put in long hours of work without the need to sleep and helps her to give
more time to her clients and their problems. B recommends that A put herself into rehabilitation. A
explodes: "This is none
of your business! Check out my new car. I didn't get money for that by losing cases. The cocaine doesn't
affect my ability to practice law. Why don't you mind your own business?" Neither of them takes any
further action on the issue.
Are either of them subject to discipline under the Model Rules? - ANSWER (D) A may be subject to
discipline for her cocaine use, and B may be subject to discipline if B does not report A to the Bar.
Right before killing his wife, a man called his lawyer and asked to meet with him for advice. They met for
a beer in a booth at a local bar, which was empty except for the bartender. The man appeared upset, and
the lawyer tried to calm him down. In hushed tones, the man told the lawyer that his wife made him
confused and angry and that he had just bought a handgun. The lawyer advised the man not to do
anything rash and told him to seek psychiatric help. The man returned home and shot his wife.
After the man was taken into custody, he called the lawyer and said, "I told my friend about your advice
to me in the bar, and he said what you know about the law would fit in a shot glass. You're fired." The
man then hired a different lawyer to defend him. The prosecutor subpoenaed the first lawyer to testify
at the man's trial, and asked him what the man had said about his wife in the bar. The first lawyer
objected to answeri - ANSWER (B) Yes, because the man waived the protection of the privilege by talking
to his friend about the conversation.
A lawyer handles plaintiff's mass tort cases. When he wants to make a settlement offer, he always does
so in writing and sends a copy to opposing counsel and to the defendant. His letters generally state that
the plaintiff will consent to a dismissal of the lawsuit if the defendant agrees to pay a stated sum of
money and to reform its business practices.
Should the lawyer be subject to discipline for this practice? - ANSWER (C) Yes, unless opposing counsel
knows that he is sending the letter to the defendant and consents to his doing so.
A celebrity was recently bound over for trial on highly publicized charges that he murdered his ex-wife
with a handgun. Prior to his arrest, he spent several hours riding around in his car, which was driven by
his close friend. In the car, the celebrity confessed the murder to his friend. The celebrity's lawyer
,publicly denies the charges. The friend is charged with a felony for aiding the celebrity's flight from
arrest. The friend hires a different lawyer to defend him on the flight- aiding charge. Thereafter, the two
lawyers and the
two defendants have a conference pursuant to a joint defense agreement, at which time the celebrity
repeats his confession that he earlier made to his friend.
The friend later decides to plead guilty. To help his client get a more lenient sentence, the friend's lawyer
repeats the celebrity's confession given at the joint defense meeting to prosecutors.
Is the friend's lawyer subject to - ANSWER (C) Yes, because the celebrity's statements to the friend's
lawyer are absolutely privileged from disclosure.
A successful investor wants his lawyer to file suit against a competing investment broker. The investor is a
sophisticated litigant and tells the lawyer to allege four separate claims: restraint of trade, unfair
business competition, stealing of trade secrets, and interference with customers. He also demands the
lawyer make
a claim for punitive damages. The investor signs the lawyer's retainer agreement and gives him a
$50,000 cashier's check as a retainer. While investigating the facts in preparation for drafting the
complaint, the lawyer discovers conclusively that the restraint and competition claims are weak but at
least arguably meritorious, and the trade secrets and interference claims have no basis in fact and will
not be supported by any evidence. He also discovers that any claim
for punitive damages would be frivolous. The lawyer warns the investor that a court will find the trade
secrets and interference cl - ANSWER (C) Yes, because he asserted frivolous claims and damage demands
and will therefore be subject to sanctions by both the bar and the court.
A client retained a lawyer to appeal his criminal conviction and to seek bail pending appeal. They agreed
on a fee of $200 an hour for the appearance on the bail hearing. The client paid the lawyer $2,000, $500
of which was for bail costs if the lawyer could obtain bail. The lawyer maintained two office bank
accounts: a "Fee Account" in which all fees were deposited and from which all office expenses were paid,
and a "Clients' Fund Account." The lawyer deposited the $2,000 in the Clients' Fund Account the week
before the bail hearing. She spent six hours on the bail hearing, but did not succeed in obtaining bail.
Dissatisfied, the client immediately demanded that
the lawyer return the $2000. The lawyer left the entire $2000 in the Clients' Fund Account due to the
dispute.
Is the lawyer's conduct proper? - ANSWER (D) No, because she should write the client an $800 check and
keep $1200 in the Clients' Fund Account until the dispute is resolved.
A lawyer worked for the Environmental Protection Agency (EPA) for several years. While employed there,
she was the lead counsel on a Clean Air Act case against a local conglomerate. She then left the EPA and
opened a private law practice. The following year, a local environmental group asked her to bring
, a lawsuit against the conglomerate. The facts and allegations they are making are very similar to those in
the case the lawyer worked on for the EPA.
May she properly accept the case? - ANSWER (D) No, unless the lawyer has the EPA's consent.
Due to an economic slump, a midsized law firm has decided to do some cost-cutting. The managing
partner authorizes the office manager to make whatever decisions are necessary to reduce overhead by
$200,000 per year. The office manager eliminates the coffee service, restricts all members of the firm to
two hours of paid online research per month, sells off the firm's law library, and eliminates the firm's
mentorship program for new associates. Several months later, having failed to perform legal research
because she had already used her permitted online research time, one of the associates fails to cite an
important precedent in one of her briefs. After losing the case, her client finds out about the error and
threatens to report the associate to the disciplinary authorities.
Will the associate be subject to discipline? - ANSWER (A) Yes, because the associate did not have the
appropriate resources and did not seek to remedy the problem.
A lawyer sees opposing counsel pay a judge $1,000 in cash before their trial. She is convinced that the
payment is a bribe and confronts the judge, who denies the allegation. The jury finds in favor of the
lawyer's client, not opposing counsel's. Happy with the result, she then moves on to other cases.
Is the lawyer subject to discipline? - ANSWER (A) Yes, because she did not report the judge and opposing
counsel to the appropriate authority.
Being the only lawyer in town, Halley takes out a small ad in the phone book that reads: "Madison Town
Legal Clinic...operated by Halley, your hometown private attorney."
Has Halley's advertisement violated the Model Rules? - ANSWER (D) Yes, she may be subject to discipline
for failing to include a disclaimer that her firm is not connected with a government agency or public or
charitable legal services organization.
In a medical malpractice trial, a woman's estate alleges that the defendant surgeon negligently failed to
remove a cancerous tumor. The estate's lawyer will be calling three witnesses to testify on the estate's
behalf. Witness A, a trained and licensed nurse with 20 years of experience, will testify that she was in
the operating room assisting intheoperationandheardthedefendantstatethathe was in a hurry to
complete the woman's operation because he had an important meeting with a business partner. Witness
B will testify that the woman suffered
a slow, lingering death following the operation. Witness C is a surgeon who will testify that based on his
expert opinion, a competent surgeon would have discovered and removed the woman's tumor. The
lawyer reimburses Witnesses A and B for the travel and hotel costs incurred as a result of their trial
testimony. He makes an agreement with Witness C to pay a $5,000 fee if the est - ANSWER (D)
No,becauseitisimpropertomakeacontingency fee arrangement with an expert witness.
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