500 MPRE Review Questions with complete Solutions Graded A+
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MPRE
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MPRE
500 MPRE Review Questions with complete Solutions Graded A+
RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER - Answers (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts...
500 MPRE Review Questions with complete Solutions Graded A+
RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER - Answers (a) A partner in a law firm, and a
lawyer who individually or together with other lawyers possesses comparable managerial authority in a
law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable
assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
RULE 5.1 - COMMENT 1 - Answers (a) applies to lawyers who have managerial authority over the
professional work of a firm. See Rule 1.0(c). This includes members of a partnership, theshareholders in
a law firm organized as a professional corporation, and members of other associations authorized to
practice law; lawyers having comparable managerial authority in a legal services organization or a law
department of an enterprise or government agency; and lawyers who have intermediate managerial
responsibilities in a firm.
RULE 5.1 - COMMENT 2 - Answers (a) requires lawyers with managerial authority within a firm to make
reasonable efforts to establish internal policies and procedures designed to provide reasonable
assurance that all lawyers in the firm will conform to the Rules of Professional Conduct. Such policies
and procedures include those designed to detect and resolve conflicts of interest, identify dates by
which actions must be taken in pending matters, account for client funds and property and ensure that
inexperienced lawyers are properly supervised.
RULE 5.1 - DIRECT SUPERVISORY AUTHORITY - Answers (b) A lawyer having direct supervisory authority
over another lawyer shall makereasonable efforts to ensure that the other lawyer conforms to the Rules
of Professional Conduct.
RULE 5.1 - COMMENT 3: SMALL FIRM... - Answers In a small firm of experienced lawyers, informal
supervision and periodic review of compliance with the required systems ordinarily will suffice.
RULE 5.1 - COMMENT 3: LARGE FIRM - Answers In a large firm, or in practice situations in which difficult
ethical problems frequently arise, more elaborate measures may be necessary.
Some firms, for example, have a procedure whereby junior lawyers can make confidential referral of
ethical problems directly to a designated senior partner or special committee
RULE 5.1 - RESPONSIBLE FOR ANOTHER LAWYER'S VIOLATION - Answers (c) A lawyer shall be responsible
for another lawyer's violation of the Rules of Professional Conduct if:
(1)the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
RULE 5.1 - RESPONSIBILITY CONTINUED - Answers 2.the lawyer is a partner or has comparable
managerial authority in the law firm in which the other lawyer practices, or has directsupervisory
authority over the other lawyer, and knows of the conduct at a time when its consequences can be
avoided or mitigated but fails to take reasonable remedial action.
, RULE 5.1 - COMMENT 5 - Answers Partners and lawyers with comparable authority have at least indirect
responsibility for all work being done by the firm, while a partner or manager in charge of a particular
matter ordinarily also has supervisory responsibility for the work of other firm lawyers engaged in the
matter. Appropriate remedial action by a partner or managing lawyer would depend on the immediacy
of that lawyer's involvement and the seriousness of the misconduct.
RULE 5.1 - COMMENT 7 - Answers Apart from this Rule and Rule 8.4(a), a lawyer does not have
disciplinary liability for the conduct of a partner, associate or subordinate. Whether a lawyer may be
liable civilly or criminally for another lawyer's conduct is a question of law beyond the scope of these
Rules.
An attorney practices corporate securities law in a Wall Street firm. The attorney is also one of three
owners of a financial forecasting consulting firm, Trends Tomorrow, which employs several well- known
economists and financial analysts. The attorney refers clients to this firm when they need consultants to
advise them about the timing of new stock offerings, projections for share price and profit
forecasts, and so on. The attorney duly discloses to clients before referring them that she is a part owner
of the consulting firm and that they are free to shop around and hire other consultants if they prefer;
she also explains that the Trends Tomorrow is not a law firm and provides only financial forecasting
services. Trends Tomorrow is in the building next door to the attorneys Wall Sree firm, and hen cliens go
there, Trends Tomorrow explains as part of their service contract that they provide no legal services.
Even - Answers Attorney has the burden of proof to show that the lawyer has taken reasonable
measures under the circumstances to communicate the desired understanding.
An attorney developed expertise regarding the area of legal ethics and legal malpractice. Another firm
hired the attorney to testify as an expert in an adjudication about the reasonableness of the firm's fees.
The attorney has testified as an expert regarding legal fees and legal ethics on several prior occasions.
During his cross-examination by the lawyer representing the opposing party, the attorney had to answer
questions that forced him to disclose some unfavorable information about the client of the firm that had
hired him as an expert. The attorney did not object that the information was confidential or attempt to
assert privilege; he answered the questions frankly and objectively. If he had been representing the
client directly, the disclosures would have clearly violated his duty of confidentiality. The answers were a
setback to the interests of the party that had hired him, and the lawyers and their client w - Answers No,
a lawyer testifying as an expert is not providing law-related services and does not have a client-lawyer
relationship with the party that has hired him.
An attorney works for a firm that handles residential real estate closings. The firm also provides title
insurance, as part of the legal representation it offers to clients, but for an additional fee. Nonlawyers
also provide title insurance in that state, for comparable prices. A prospective client met with the
attorney for an initial consultation about their anticipated purchase of a home. Another client of the
attorney's firm had referred the prospective client to the attorney. When the attorney mentioned that
the firm would also provide title insurance for an additional fee, the prospective client asked if the
person who had referred her to the attorney had obtained title insurance through the firm, and how
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