Exam (elaborations)
MPRE RULES QUESTIONS AND ANSWERS
- Course
- Institution
MPRE RULES QUESTIONS AND ANSWERS
[Show more]
Content preview
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:
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 Greaterheights. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. 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