Exam (elaborations)
MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICE QUESTIONS AND ANSWERS
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MPRE PRACTICE QUESTIONS AND ANSWERSApplicant Boaz was an outstanding candidate for the bar who came from an excellent
family. He had outstanding academic credentials in both undergraduate school and in
law school, as well as an absolutely impeccable previous work experience. However,
Boaz did have a little problem with speeding. In fact, his past driving record indicates
that since obtaining a driver's license (10 years ago), Boaz has received 20 different
speeding tickets (on average, about two per year) including two within the year
immediately preceding the date of his application for admission to the bar. When filling
out the sworn bar application, Boaz inadvertently omitted two of the total twenty prior
speeding tickets (i.e., he simply had so many tickets to locate and report that somehow
two tickets from his earliest driving years were inadvertently misplaced by Boaz and not
included in the list). Would the bar committee be justified in denying - Answers -b. Yes,
if the committee determines that, despite his unintentional omission of the two earliest
speeding tickets on his bar application, Boaz's application (showing a total of 18
speeding tickets, two of which were received in the current year) nevertheless indicates
Boaz's present disrespect for the authority of the law.
Attorney Hobbs practices with several other lawyers in a small firm. He also owns a
company that collects bad checks for local businesses. The check collection business is
completely unrelated to Attorney Hobbs's practice of law. In the check collection
business, Attorney Hobbs was convicted of a misdemeanor violation of the applicable
wage and hour law. Based on the foregoing fact, is Attorney Hobbs subject to
discipline?
a. Attorney Hobbs is not subject to discipline because his conduct occurred in
connection with his check collection business and not while engaging in the practice of
law.
b. Attorney Hobbs is not subject to discipline because lawyers can only be disciplined
for felonious criminal acts.
c. Attorney Hobbs may be subject to discipline if it is determined that he engaged in
dishonesty or deceit.
d. None of the above answers is correct. - Answers -c. Attorney Hobbs may be subject
to discipline if it is determined that he engaged in dishonesty or deceit.
Attorney Johnson represented Cliff who had been charged with the crime "cable theft"
against the local television cable company. During the course of this representation,
Johnson learned how Cliff was able to use a fairly simple technique to remove an
electronic filter from inside the cable box that blocked certain portions of the cable
signal, thus allowing the user to receive the full cable signal (including all premium
channels and high-speed internet). Unable to secure tickets to the biggest football game
of the year between the two in-state rival teams, Johnson decided to watch the game at
home on his new high-definition television. Since he also subscribed to "basic" cable
,service, Johnson decided to test out his new television by temporarily removing the
electronic filter from his cable box in order to receive an HD-quality digital signal just for
the game. Johnson had actually intended to sign up with the cab - Answers -a. Johnson
is subject to discipline because he was engaged in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
Ms. Hicks is an attorney who tried without success to destroy evidence in a bitter
divorce case. Ms. Hicks "erased" and "deleted" a number of incriminating e-mails that
her client had sent, for the purpose of making sure those messages would not be
available to her client's husband at trial. Unbeknownst to Ms. Hicks, however, it is
extremely difficult to "erase" e-mails, and a forensic computer specialist was able to
retrieve the messages and testify about Ms. Hick's attempts to destroy them. Because
she failed, Ms. Hicks did not violate the state obstruction of justice statute. Which of the
following statements most accurately describes the propriety of Ms. Hick's conduct
under the Model Rules?
a. Ms. Hicks didn't commit misconduct because she failed to destroy the evidence.
b. Ms. Hicks didn't commit misconduct because she did not commit a crime.
c. Ms. Hicks committed misconduct because she attempted an act, th - Answers -c. Ms.
Hicks committed misconduct because she attempted an act, that if successful, would
have violated a rule of professional conduct.
Grace Patton is an associate in a law firm. Her firm bills clients by the hour. When she
began working for the firm, she signed a statement in which she agreed to abide by firm
policy. The firm policy stated in part: "All misconduct shall be reported promptly to the
managing partner and shall not be revealed to anyone else in the firm or outside the
firm."Grace discovers that Arthur, the partner who supervises her work, always alters
her time sheets by multiplying the number of hours she reported working by 1.2, thereby
claiming to clients that she spent 20% more time on each project than she actually
spent, and billing the clients accordingly. Grace reports the misconduct to the managing
partner, who tells her not to concern herself with the conduct of her superiors. He takes
no action. Would Grace be subject to discipline if she failed to report Arthur's conduct to
the disciplinary authorities?
a. Yes, because oth - Answers -b. Yes, because Arthur's conduct involves a violation of
the rules that raises a substantial question as to his honesty.
Donald is a partner at a law firm. He supervises the work of a junior associate, Ms.
Cantrell. They are representing Whitney in her divorce proceedings. The divorce
involves a heated battle over the custody of Anna, who is the biological daughter of
Whitney and her husband, Cody. Donald asks Whitney whether she knows the
password for her husband's e-mail. Whitney gives it to him. The Donald gives the
password to Ms. Cantrell and instructs her to copy all the e-mails in Cody's account and
read them to see whether Cody is having an affair. Ms. Cantrell objects. Donald says
, that this investigative work could win the case for Whitney and threatens to fire Ms.
Cantrell if she does not comply. Ms. Cantrell complies. They learn that Cody really is
having an affair, and Whitney wins custody. When Cody discovers what happened, he
files a disciplinary complaint against Donald and Ms. Cantrell. Assuming that Ms.
Cantrell's revi - Answers -c. Both Donald and Ms. Cantrell are subject to discipline.
Attorney is a 5th-year associate at a large national law firm. As a 5th-year associate,
Attorney can attend business meetings of the firm, but cannot vote on any decisions.
Attorney is aware that the firm has no measures in effect that would give reasonable
assurance that the paralegals are observing the confidentiality and conflict of interest
rules that are part of the professional obligations of lawyers. When a paralegal in a
separate practice group from Attorney violates the rules and the state disciplinary
authority investigates the firm's ethical compliance measures, will Attorney be subject to
discipline?
a. Yes, because any attorney with enough seniority to attend firm business meetings
with the partners has shared responsibility to ensure that measures are in effect to keep
the paralegals in compliance with the rules.
b. No, because Attorney is not a partner nor in a comparable managerial position to
imple - Answers -b. No, because Attorney is not a partner nor in a comparable
managerial position to implement such measures, nor does it appear that the paralegal
was under Attorney's direct supervision.
Ms. Pugh was recently admitted to the Bar and began to work for Senior Attorney,
whose practice solely focuses on landlord-tenant issues, specifically trailer park and
mobile home law. Her cousin Julie, who also is a lawyer, recommended her to Senior
Attorney for employment. Ms. Pugh had interned for free during law school for her
cousin Julie. Julie has been in practice for the past 25 years defending white collar
criminals. Ms. Pugh has no other legal experience and does not know anything about
landlord-tenant issues.
Ms. Pugh was directed by Senior Attorney to prepare, draft, and sign all new leases for
the next month while Senior went on vacation, even though Senior was aware that she
did not have any experience in drafting leases. Upon Senior's departure, Senior said to
Ms. Pugh, "I know that you haven't drafted contracts before, but here is a stack of
recent lease agreements to use as samples. Your cousin spe - Answers -a. No,
because Senior knows that Ms. Pugh is not competent to draft lease agreements and
Senior did not adequately supervise her work even though Senior provided sample
lease agreements.
Client, a large auto dealer, retains Attorney to represent him in a bankruptcy case. The
firm also represents a bank, through which Client has several large loans that covered
loans for the dealership. The loans are all contained in the bankruptcy. Attorney is
concerned about whether he can adequately represent the interests of the Client in this
case, so he contacts a lawyer friend of his in another law firm to ask for advice. While
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