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Unlike defamation cases, which use a subjective test for intent, disciplinary cases for violations of Rule 8.2 use an objective test to assess the lawyer's mental state as to whether the lawyer knew the statement was false or recklessly disregarded its falsity. | [
"Unlike defamation cases, which use a subjective test for intent, disciplinary cases for violations of Rule 8.2 use an objective test to assess the lawyer's mental state as to whether the lawyer knew the statement was false or recklessly disregarded its falsity.",
"Reckless disregard as to falsity therefore means... | MPRE | 0 | 401 | Which of the following is true regarding Model Rule 8.2? | |
No, a lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. | [
"Yes, judicial codes hold judges to a much higher standard than would apply to practicing lawyers.",
"Yes; moreover, the judicial code restraint on fundraising by judges violates the First Amendment guarantees of free speech.",
"No, if some of the voters receiving the letter are the attorney’s clients or prospe... | MPRE | 3 | 402 | An attorney was running for a judicial office, a seat on the county court. She drafted, signed, and mailed a fundraising letter in her own name to local voters announcing her candidacy and asking for campaign contributions. The fundraising letter was typical, would normally have been legal if the attorney were running ... | |
A lawyer speculated to a reporter that a judge was "not being honest about the reasons why he committed [a defendant] to the Department of Corrections” | [
"A lawyer accused a judge of anti-Semitism, for which the lawyer had adequate factual support and documentation.",
"A lawyer speculated to a reporter that a judge was \"not being honest about the reasons why he committed [a defendant] to the Department of Corrections”",
"A lawyer referred to a judge as “dishono... | MPRE | 1 | 403 | Which of the following statements, made publicly by an attorney, would violate Model Rule 8.2? | |
A lawyer’s statement implying the judge must have been thinking primarily about the political ramifications of his ruling. | [
"A lawyer's motion for new trial claiming judge's gestures and expressions demonstrated bias.",
"A lawyer's statements that judges in his state were “not learned in the law” and were “laughed at” throughout country.",
"A lawyer’s statement implying the judge must have been thinking primarily about the political... | MPRE | 2 | 404 | Which of the following statements, made publicly by an attorney, would be impermissible under Model Rule 8.2? | |
Yes, the partner’s lack of fitness has evidenced itself through a pattern of conduct that makes clear the lawyer is not meeting her obligations under the Model Rules. | [
"Yes, all violations of the Model Rules are reportable events under Rule 8.3.",
"Yes, the partner’s lack of fitness has evidenced itself through a pattern of conduct\fthat makes clear the lawyer is not meeting her obligations under the Model Rules.",
"No, mandatory reporting under Rule 8.3 pertains to the attor... | MPRE | 1 | 405 | An attorney worked with a partner who developed a chronic debilitating medical condition. Eventually, the condition materially impaired the partner’s ability to practice law, but the partner could not cope with giving up on her career, and she kept practicing. She began to miss court deadlines, to forget to make certai... | |
No, if a lawyer knows of professional misconduct of another licensed lawyer, even a non-practicing lawyer, must report it where it raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer. | [
"Yes, because the fellow employee is not working as a lawyer or practicing law.",
"Yes, these facts suggest that the misconduct took place outside the scope of the employee’s duties at Conglomerate, and the attorney’s duty is to her client, the corporation.",
"No, if a lawyer knows of professional misconduct of... | MPRE | 2 | 406 | An attorney practiced as in-house counsel within Conglomerate Corporation. She learned of serious ethical misconduct there by a fellow employee who was also a licensed lawyer, but who was employed by the Conglomerate in a nonlegal position as a technical writer. Conglomerate does not have any liability or legal respons... | |
No, if a lawyer knows of professional misconduct of another licensed lawyer, even a non-practicing lawyer, must report it where it raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer. | [
"Yes, the duty to report misconduct does not apply to academic settings, which have their own disciplinary procedures.",
"Yes, the fact that neither the wrongdoer nor the potential reporter are practicing law makes the mandatory reporting rule inapplicable.",
"No, all violations of the Model Rules are reportabl... | MPRE | 3 | 407 | A law professor has a tenured faculty position at her institution. She learns of serious ethical misconduct by another law professor on her faculty who is a licensed lawyer in that state, but who engages exclusively in law teaching. The professor who learned of the problem believes she has no duty to report her colleag... | |
Yes, because a lawyer who knows of a violation of the Rules that raises serious questions about the other attorney’s honesty must report it to the state disciplinary authority. | [
"Yes, but he must make an anonymous complaint to the state bar.",
"Yes, because a lawyer who knows of a violation of the Rules that raises serious questions about the other attorney’s honesty must report it to the state disciplinary authority.",
"No, because lawyers do not have to report violations or misconduc... | MPRE | 1 | 408 | An attorney discovers that a partner at his own firm has violated the Rules of Professional Conduct by failing to disclose adverse binding precedent to a tribunal, and by depositing client funds into his own bank account instead of a client trust account. Does the attorney have a duty to report the partner from his own... | |
Yes, because the duty to report misconduct depends upon the seriousness of the potential offense and not the quantum of evidence of which the lawyer is aware. | [
"No, because if the lawyer cannot prove the misconduct with a preponderance of evidence, he does not have “knowledge” of the misconduct for purposes of the Rules of Professional Conduct.",
"No, because the duty to report depends on the quantum of proof of which the lawyer is aware, not the seriousness of the pote... | MPRE | 3 | 409 | An attorney discovers that another lawyer has been stealing clients’ funds, but he cannot prove it, as he learned about it from another party who was involved and who has since disappeared. He has some evidence, but not enough to prove that the other lawyer stole the clients’ funds. When he confronted the other lawyer,... | |
Yes, because these comments can constitute sexual harassment and could be prejudicial to the administration of justice. | [
"Yes, because indigent defendants who receive a court-appointed lawyer are likely to resent inappropriate humor from their lawyer.",
"Yes, because these comments can constitute sexual harassment and could be prejudicial to the administration of justice.",
"No, because the Model Rules forbid actual sexual relati... | MPRE | 1 | 410 | An attorney represented criminal defendants, and he received court appointments for indigent defendants. Some of the court appointments he received were female clients. The attorney had a crude sense of humor and progressive views about sexuality, and he often made crude sexual jokes to his female clients, complimented... | |
Yes, because the texts constitute sexual harassment of the victim. | [
"No, because the woman was not his client, as prosecutors represent the state, but merely a witness in a case.",
"No, because these were merely expressions of romantic interest, not coercion or physical contact.",
"Yes, because prosecutors have special duties to avoid the appearance of bad intentions.",
"Yes,... | MPRE | 3 | 411 | A prosecutor was bringing charges against a defendant charged with serious domestic violence. When he met the defendant’s victim-girlfriend at the courthouse, she volunteered personal information to the prosecutor in addition to recounting the details of the incident – she explained that she had now had no boyfriend, t... | |
Yes, because this is discrimination based on national origin. | [
"No, because this is a bench trial, and there is less risk of the attorney’s inflammatory rhetoric being prejudicial to the outcome of the trial.",
"No, because citizenship is a valid, though not dispositive, consideration when evaluating a witness’s reliability and truthfulness.",
"Yes, because the attorney qu... | MPRE | 3 | 412 | An attorney represented a small business owner in litigation against a former employee, who was a Canadian immigrant. During the bench trial, the attorney cross-examined the former employee on the witness stand, and after two of her answers turned to the judge and asked, “Are you going to believe an alien or a U.S. Cit... | |
Yes, because discrimination against persons based on their source of income or acceptance of free or low-cost legal services would be examples of discrimination based on socioeconomic status. | [
"Yes, because discrimination against persons based on their source of income or acceptance of free or low-cost legal services would be examples of discrimination based on socioeconomic status.",
"Yes, because the attorney should know that these comments are immaterial to the legal issues in the case.",
"No, bec... | MPRE | 0 | 413 | An attorney represented a father at a child support modification hearing before a judge. During the hearing, the attorney made repeated disparaging references to the facts that the mother was indigent and was receiving legal services at no charge. Could the attorney be subject to a public reprimand for these comments? | |
Yes, the fact that the respondent has not been criminally charged or convicted of this offense is not important for purposes of lawyer discipline. | [
"Yes, the fact that the respondent has not been criminally charged or convicted of this offense is not important for purposes of lawyer discipline.",
"Yes, because the state bar has inherent authority to revoke a lawyer’s license at any time, for any reason.",
"No, because the lawyer has a presumption of innoce... | MPRE | 0 | 414 | An attorney settled a legal malpractice claim by agreeing to make monthly payments to the former client for five years, which would add up to the full settlement amount. The attorney put forth his car as security for the obligation. After making a few of the monthly payments, the attorney left the jurisdiction with his... | |
No, lawyers may implement initiatives aimed at recruiting, hiring, retaining, and advancing diverse employees without violating the Model Rules. | [
"Yes, the firm is practicing discrimination in its hiring by favoring minorities and women over others",
"Yes, substantive law of antidiscrimination absolutely forbids interviewing candidates and then not hiring them based on race or gender.",
"No, the Model Rules do not apply to hiring practices or other law f... | MPRE | 3 | 415 | Big Firm engages in aggressive affirmative action in its hiring. It runs ads soliciting applications from minorities and women, and even though they sometimes interview nonminority applicants, they have decided internally to hire only women and minorities for the next five years. Currently, anti-discrimination laws wou... | |
Yes, the rules prohibiting discrimination and harassment by lawyers not preclude legitimate advice or advocacy the lawyer provides to clients who are openly engaging in such conduct. | [
"Yes, the rules prohibiting discrimination and harassment by lawyers not preclude legitimate advice or advocacy the lawyer provides to clients who are openly engaging in such conduct.",
"Yes, the lawyer has a First Amendment right to express racist or discriminatory views in public.",
"No, a lawyer must not eng... | MPRE | 0 | 416 | An attorney owns his own law practice, and he represents clients if he believes in their cause. He regularly defends racists and hate groups against criminal charges and lawsuits, because he shares their philosophy and identifies with their racist views. Is it permissible for the attorney to advocate on behalf of racis... | |
Yes, because it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty. | [
"Yes, because the attorney’s salary comes from a commingling of state IOLTA funds and federal LSC funds.",
"Yes, because it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty.",
"No, because the attorney’s illegal conduct did not pertain to his repre... | MPRE | 1 | 417 | An attorney faced prosecution for failing to file tax returns over a five-year period. The attorney worked for a legal aid clinic and never charged clients any legal fees, as the clinic provided free representation to the indigent. The attorney received a modest salary from the legal aid clinic, the funds for which cam... | |
No, because offenses concerning personal morality, such as bigamy and comparable offenses, have no specific connection to fitness for the practice of law. | [
"Yes, because it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty.",
"Yes, because having multiple wives significantly increases the opportunities to have conflicts of interest with various clients.",
"No, because offenses concerning personal moral... | MPRE | 2 | 418 | An attorney was an immigrant from a country that permits polygamy – men can have up to four wives. The attorney had two wives, which his religion permitted, as did the laws of his homeland. Nevertheless, his multiple marriages constituted bigamy in the American jurisdiction where he practiced law, and eventually a cour... | |
Yes, because it is professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. | [
"Yes, because it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty.",
"Yes, because it is professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.",
"No, because the attorney already obt... | MPRE | 1 | 419 | After practicing for two years, an attorney enrolled in an LL.M. program at a local law school, taking night classes. During his second semester, the attorney faced academic discipline for plagiarism in a seminar paper; the school permitted him to graduate, but he received a failing grade in the class and had to make u... | |
Yes, because it is professional misconduct for a lawyer in the course of representing a client to say things that manifest bias or prejudice based upon race or national origin. | [
"Yes, because it is professional misconduct for a lawyer in the course of representing a client to say things that manifest bias or prejudice based upon race or national origin.",
"Yes, because the judge sustained the objection and there were Hispanics serving on the jury.",
"No, because the witness claimed tha... | MPRE | 0 | 420 | While cross-examining a Hispanic witness during a trial, a defense attorney grew frustrated at the witnesses’ evasive answers, and finally asked the witness if “his people” or others “in his community” regularly lie under oath on the witness stand. The prosecutor immediately objected, and the judge sustained the object... | |
No, the rules that prohibit harassment and discrimination by lawyers do not limit the ability of a lawyer to accept, decline or withdraw from a representation. | [
"Yes, the rules that prohibit harassment and discrimination by lawyers also limit the ability of a lawyer to accept, decline or withdraw from a representation.",
"Yes, by refusing to represent such clients, they are perpetuating the problem of workplace harassment and discrimination.",
"No, advocating in cases ... | MPRE | 3 | 421 | Big Firm handles employee litigation, including workplace harassment suits. Nevertheless, the managing partners at Big Firm have decided they will not take on clients with claims based on same-sex harassment, because they believe the law is still developing and juries return unpredictable verdicts in such cases. Has th... | |
Yes, because it is professional misconduct for a lawyer to assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. | [
"Yes, because it constitutes ex parte communication with the judge.",
"Yes, because it is professional misconduct for a lawyer to assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.",
"No, because the lawyers did this activity at the judge’s be... | MPRE | 1 | 422 | A judge asks the two lawyers in a case to help him conduct some first-hand investigation of the facts. At the judge’s request, the plaintiff’s lawyer and the defendant’s lawyer together drive the judge to the location where the accident occurred that became the subject of the litigation and allowed the judge to take me... | |
No, because a lawyer may be subject to the disciplinary authority of two jurisdictions for the same conduct and may receive different sanctions in each state. | [
"Yes, because even in cases where a second state can administer discipline over the same conduct, double jeopardy rules prevent the second tribunal from imposing a more severe sanction than the first tribunal already imposed on the lawyer.",
"Yes, because a lawyer cannot be subject to the disciplinary authority o... | MPRE | 2 | 423 | An attorney had a license to practice law in two jurisdictions – his home state where he lived and had his primary office, and a neighboring state where he represented several clients each year. The attorney committed serious professional misconduct in his home state and received a public reprimand from the state disci... | |
Yes, the state bar should apply the rules of the jurisdiction in which the lawyer’s conduct occurred. | [
"Yes, the state bar should apply the rules of the jurisdiction in which the lawyer’s conduct occurred.",
"Yes, because a state disciplinary authority does not have to consider the rules of professional conduct from its own state in making disciplinary determinations, regardless of where the misconduct occurs.",
... | MPRE | 0 | 424 | An attorney practices law in two adjacent states, as he has a license to practice in each. He lives near the border and can easily serve clients in each jurisdiction. The two states have different rules about attorney disclosures of confidential client information - one state requires disclosures of client confidences ... | |
No, because whenever a lawyer's conduct relates to a proceeding pending before a tribunal, the lawyer shall be subject only to the rules of the jurisdiction in which the tribunal sits. | [
"Yes, because when an attorney takes an oath to uphold the rules of a jurisdiction to obtain admission to the bar, he or she does so without regard to the lawyer’s future geographic location when a violation of the rules occurs.",
"Yes, because otherwise, lawyers could simply drive across state lines and violate ... | MPRE | 2 | 425 | An attorney was representing a client in a probate matter. The representation mostly occurred within the attorney’s home state, where the client also lived. One asset of the probated estate, however, was an account receivable from a debtor in a neighboring state; the matter was already the subject of pending contract l... | |
Yes, attorneys may be subject to the disciplinary authority of two jurisdictions for the same conduct and may receive different sanctions in each state. | [
"Yes, except that choice of law rules require that each state impose the same sanction, so the neighboring state must either impose a reprimand or petition her home state to suspend her license for a year.",
"Yes, attorneys may be subject to the disciplinary authority of two jurisdictions for the same conduct and... | MPRE | 1 | 426 | After graduation from law school, an attorney had taken and passed the bar exam in two neighboring states, and she then had a license to practice law in each state. Her primary office was in her home state where he lived, but she also represented a few clients every year in the neighboring state. Seven years into her c... | |
No, because their trade name includes a geographical name without express statements that they are not a public agency or subdivision of government. | [
"Yes, because lawyers may practice in an association in the form of a corporation, a partnership, a limited liability corporation, or even a limited-liability partnership, pursuant to the requirements of state statutes.",
"Yes, because there is nothing untruthful or misleading about the name, assuming they have h... | MPRE | 2 | 427 | Three attorneys open a new firm (a partnership) together. They drafted the partnership agreement themselves, without hiring another lawyer to represent them, and none of them gave informed consent, confirmed in writing, to the conflicts of interest that might arise as a result of drafting their own partnership agreemen... | |
Yes, because lawyers must not misrepresent their partnership with others or other organizations. | [
"Yes, because the client may prefer to hire fifty separate research firms to investigate the issue in each state.",
"Yes, because lawyers must not misrepresent their partnership with others or other organizations.",
"No, because this is no different than delegating research tasks to an in-house associate attorn... | MPRE | 1 | 428 | An attorney outsources complicated legal research to a firm that exclusively provides background legal research for lawyers. Her newest corporate client is a nationwide business with branches operating in all fifty states, so the corporate client needs information about its legal responsibilities regarding a certain is... | |
Yes, because the attorney’s statements were not false or misleading and the letter was an appropriate announcement of the opening of her new firm and her intent to specialize in certain areas of law. | [
"Yes, because the attorney’s statements were not false or misleading and the letter was an appropriate announcement of the opening of her new firm and her intent to specialize in certain areas of law.",
"Yes, because the attorney sent the letter only to other lawyers, so there was negligible risk of manipulation ... | MPRE | 0 | 429 | An attorney recently earned her Juris Doctor degree from a prestigious law school and easily passed the state bar exam, gaining admission to the bar in her home state. She worked for three years for a legal aid clinic that provided free legal services for indigent clients. At the end of her third year at the clinic, th... | |
No, because the statement is true. | [
"Yes, because it creates a misperception that the attorney is more knowledgeable than other lawyers in the area.",
"Yes, because linguists who have studied the Witchita language, but who live in other states, might misunderstand, and believe that the attorney is admitted in their jurisdiction as well.",
"No, be... | MPRE | 2 | 430 | Attorney McLemore grew up in a family that spoke the Witchita language in the home. Her law practice advertisements prominently stated that she spoke Witchita, and that she can represent Witchita-speaking clients. Unfortunately, Attorney McLemore was the last known native speaker of the Witchita language. Was it improp... | |
Yes, because it is not misleading, and a lawyer or law firm may also use a distinctive website address or comparable professional designation. | [
"Yes, because “internet neutrality” requires that anyone can use any domain name they want.",
"Yes, because it is not misleading, and a lawyer or law firm may also use a distinctive website address or comparable professional designation.",
"No, because the ABA Model Rules require that law firm domain names incl... | MPRE | 1 | 431 | Attorney Stevenson’s law firm is simply “The Law Offices of Attorney Stevenson, Esq.” Attorney Stevenson specializes in courtroom litigation. His website address is www.mytrialattorney.com. He selected this domain name and registered it so that he could use it for his law firm’s website. Is this website address/domain ... | |
Yes, a lawyer may agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer, assuming clients are aware, and the relationship is not exclusive. | [
"Yes, a lawyer may agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer, assuming clients are aware, and the relationship is not exclusive.",
"Yes, because the agreement is informal, not a written contract.",... | MPRE | 0 | 432 | A certain attorney made an informal agreement with Physician that they would refer clients to each other when the situation seemed appropriate. They did not pay each other any money for referrals, but the relationship was explicitly reciprocal – the attorney referred patients who needed medical examinations to Physicia... | |
Yes, the Model Rules permit a lawyer to give nominal gifts, such as an item that might be a holiday gift item, in appreciation to a person for referring a prospective client. | [
"Yes, the Model Rules permit a lawyer to give nominal gifts, such as an item that might be a holiday gift item, in appreciation to a person for referring a prospective client.",
"Yes, the Model Rules permit a lawyer to give gifts in consideration for an understanding that referrals would be forthcoming in the fut... | MPRE | 0 | 433 | An attorney received a client referral by email from a friend who worked as a nurse in a nearby emergency room. The client called the attorney’s office the same day that the attorney received her friend’s email about this potential client. The representation of this new client yielded a favorable outcome, with a genero... | |
Yes, the Model Rules prohibit gifts offered or given in consideration of any promise, agreement or understanding that such a gift would be forthcoming or that referrals would be made or encouraged in the future. | [
"No, the Model Rules permit a lawyer to give nominal gifts, such as a small collectible item, in appreciation to a person for referring a prospective client.",
"Yes, the Model Rules prohibit gifts offered or given in consideration of any promise, agreement or understanding that such a gift would be forthcoming or... | MPRE | 1 | 434 | An attorney received a client referral by email from a friend who worked as a nurse in a nearby emergency room. The client called the attorney’s office the same day that the attorney received her friend’s email about this potential client. The representation of this new client yielded a favorable outcome, with a genero... | |
Yes, because it does not include the name and office address of at least one lawyer or law firm responsible for its content. | [
"Yes, because bumper sticker advertising undermines the dignity of the legal profession.",
"Yes, because it does not include the name and office address of at least one lawyer or law firm responsible for its content.",
"No, because bumper stickers do not constitute advertising under the Model Rules of Professio... | MPRE | 1 | 435 | An attorney made and distributed bumper stickers advertising for his firm that simply provided a catchy phone number: 1-800LAWYER-1. The phone number rolled over to the attorney’s office phone. The bumper stickers included no other information. Could the attorney be subject to discipline for such an advertisement? | |
No, because the Supreme Court has held that such statements are merely “potentially misleading” and that it would violate the First Amendment for states to prohibit such statements completely. | [
"Yes, because the traditional rule is that lawyers may state areas in which they practice, but they may not claim to be certified specialists in anything.",
"Yes, because consumers are likely to think that the state bar indeed certified the attorney as a Trial Specialist.",
"No, because the Supreme Court has he... | MPRE | 2 | 436 | An attorney identified himself on his letterhead as a “Certified Trial Specialist by the National Board of Trial Advocacy.” The attorney’s state has no lawyer certification program of its own, besides admission to the bar. Is it inherently misleading, and therefore improper, for the attorney to list a certification if ... | |
No, because a lawyer may not agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer, if the relationship is exclusive. | [
"Yes, a lawyer may agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer, assuming clients are aware of the existence and nature of the arrangement.",
"Yes, because the agreement is informal, not a written con... | MPRE | 2 | 437 | An attorney made an informal agreement with Physician that they would refer clients to each other when the situation seemed appropriate. They did not pay each other any money for referrals, but the relationship was explicitly reciprocal – the attorney referred patients who needed medical examinations to Physician, and ... | |
Yes, because the attorney provides something of value to Blogger in exchange for recommending his services. | [
"Yes, because the attorney provides gossip that undermines the dignity of the profession",
"Yes, because the attorney provides something of value to Blogger in exchange for recommending his services.",
"No, because the attorney pays a reasonable sum for his advertisements on the blog",
"No, because it is impo... | MPRE | 1 | 438 | A certain attorney is a friend of Blogger, who operates a successful local blog about events, news, and gossip about their city. Blogger includes posts about local judges and well-known lawyers. The attorney has a secret agreement with Blogger. The attorney passes along tips to Blogger in the form of courthouse gossip ... | |
No, because a lawyer shall not state or imply that a lawyer is a certified specialist in a specific field of law without being a certified specialist by an official certifying organization in that state, and without including the name of the certifying organization in the advertisement. | [
"Yes, because a lawyer may communicate the fact that the lawyer does or does not practice in specific fields of law.",
"Yes, because passing a state’s bar exam demonstrates enough expertise in the laws of that state to practice there as a lawyer.",
"No, because a lawyer shall not state or imply that a lawyer is... | MPRE | 2 | 439 | In his advertisements, an attorney, who practices in California, states, “CERTIFIED SPECIALIST IN CALIFORNIA LAW.” The attorney is referring to the fact that he passed the California Bar Exam, not to any other official certification beyond admission to the California bar. According to the Model Rules of Professional Co... | |
No, because lawyers have a First Amendment right to use verbiage that is accurate and descriptive in their advertisements, assuming the statements are not misleading. | [
"Yes, because states have an absolute right to place reasonable requirements on lawyers pertaining to the verbiage used in their advertisements.",
"Yes, because “real estate” and “personal injury” are inherently misleading terms, whereas “property law” and “tort law” are very precise.",
"No, because states may ... | MPRE | 3 | 440 | An attorney describes his areas of practice in his advertisements as “real estate” and “personal injury,” but his state bar requires that lawyers use the less descriptive terms “property law” and “tort law” instead. Could the attorney be subject to discipline for using these more descriptive terms instead of the verbia... | |
Yes, the Supreme Court has held that state bars cannot prohibit lawyers form describing their years of experience with certain types of cases, assuming the information is truthful. | [
"Yes, the Supreme Court has held that state bars may not pass any rules that limit or sanction communications by lawyers to potential clients.",
"Yes, the Supreme Court has held that state bars cannot prohibit lawyers form describing their years of experience with certain types of cases, assuming the information ... | MPRE | 1 | 441 | In his advertisements and firm brochures, an attorney describes his many years of experience litigating in a specific area of commercial real estate litigation, without claiming to be a specialist or an expert. He does not mention any official certification. Is it permissible for the attorney to boast of his years of e... | |
Yes, if after sending a letter or other communication as permitted by the Rules, the lawyer receives no response, any further effort to communicate with the recipient of the communication may violate the provisions of Rules. | [
"No, because the lawyer clearly indicated that it was advertising material on the outside of the envelope.",
"No, because the lawyer had no way to know whether the prospective client received the first letter.",
"Yes, because a lawyer may not solicit individual prospective clients with direct mail unless the pr... | MPRE | 3 | 442 | An attorney sends a solicitation letter to a prospective client. The recipient of the letter opens it and reads it, but the person does not respond. The attorney then sends a follow-up letter to the prospective client. Could the attorney be subject to discipline for sending the second letter? | |
Yes, because the target of the solicitation has made known to the lawyer a desire not to receive such solicitations. | [
"Yes, because the target of the solicitation has made known to the lawyer a desire not to receive such solicitations.",
"Yes, because it was unfair for the attorney to have the opportunity to represent these clients when other lawyers had diligently avoided soliciting them.",
"No, because the victims decided th... | MPRE | 0 | 443 | After a bizarre accident that received heavy media coverage, the victims took the unusual step of sending written notices to every plaintiff’s firm in the area stating that the victims did not want to hear from any lawyers about the matter. The attorney received the notice and promptly forgot about it, because he had n... | |
Yes, given the coercion and duress inherent in the client's incarceration, using the promise of securing the client's release from custody as an inducement to engage the lawyer would be improper. | [
"Yes, because the advertisement is inherently misleading.",
"Yes, given the coercion and duress inherent in the client's incarceration, using the promise of securing the client's release from custody as an inducement to engage the lawyer would be improper.",
"No, assuming he indeed posts bail or bond for every ... | MPRE | 1 | 444 | An attorney specializes in criminal defense work. His advertising, signage, and firm brochures offer a service that other lawyers in his city do not provide – the attorney promises to post bail or bond for any client who cannot afford the amount of his bail or bond. Could the attorney be subject to discipline for such ... | |
No, because the attorney is calling individuals who routinely use for business purposes the type of legal services offered by the lawyer. | [
"Yes, because the attorney is soliciting professional employment by live person-to-person contact via telephone.",
"Yes, because the attorney is offering to represent prospective clients at a lower fee than some of the other lawyers in the area.",
"No, because the attorney spends only one hour per week on this ... | MPRE | 3 | 445 | An attorney spends about one hour per week, on Monday mornings, calling local small business proprietors who routinely hire lawyers for lease and contract issues, and offers over the phone to provide legal services to them for a competitive (that is, low) fee. Does this activity by the attorney violate the Model Rules? | |
Yes, because the recipient of the solicitation has a family relationship with the lawyer. | [
"Yes, because the recipient of the solicitation has a family relationship with the lawyer.",
"Yes, because he merely asked his sister to use his services whenever a case should arise, without offering to represent him in a specific matter or for a specific fee.",
"No, because the sister found the call annoying ... | MPRE | 0 | 446 | Attorney Stevenson’s sister is a dentist. Attorney Stevenson telephones his sister and explains that his firm is not doing well, that he needs more cases, and asks his sister to use him as her lawyer for any malpractice actions she faces or any collection actions against patients who do not pay their bills. Attorney St... | |
Yes, because a lawyer shall not accept a government legal engagement or an appointment by a judge if the lawyer makes a political contribution or solicits political contributions for the purpose of obtaining that type of legal engagement or appointment. | [
"Yes, because a lawyer shall not accept a government legal engagement or an appointment by a judge if the lawyer makes a political contribution or solicits political contributions for the purpose of obtaining that type of legal engagement or appointment.",
"Yes, because this type of quid-pro-quo arrangement const... | MPRE | 0 | 447 | An attorney solicits campaign contributions on behalf of an elected judge who is running for reelection. The judge wins reelection and shows his gratitude to the attorney by frequently appointing him to represent indigent defendants at the state’s expense. The attorney engaged in the solicitation of contributions for t... | |
No, because the lawyer’s motivation was a sincere political or personal support for the judge’s candidacy, not a design to receive court appointments. | [
"Yes, because a lawyer shall not accept a government legal engagement or an appointment by a judge if the lawyer makes a political contribution or solicits political contributions.",
"Yes, because attending Harvard Law School is not a valid reason to believe that a candidate would make a good judge.",
"No, beca... | MPRE | 3 | 448 | An attorney made substantial financial contributions to the reelection campaign of an elected judge. The judge won reelection and showed his gratitude to the attorney by frequently appointing him to represent indigent defendants at the state’s expense. The attorney made the donations not because he hoped to receive suc... | |
Yes, because contributions that in the aggregate are substantial in relation to other contributions by lawyers or law firms, made for the benefit of an official in a position to influence award of a government legal engagement, and followed by an award of the legal engagement to the contributing or soliciting lawyer or... | [
"Yes, because a lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining that type of legal engagement or appointment.",
"Yes, because contributions that ... | MPRE | 1 | 449 | An attorney made substantial financial contributions to the reelection campaign of an elected judge. The judge won reelection and showed his gratitude to the attorney by frequently appointing him to represent indigent defendants at the state’s expense. The attorney claims that he made the donations not because he hoped... | |
No, because the term "government legal engagement" does not include mostly uncompensated services. | [
"Yes, because a lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining that type of legal engagement or appointment, regardless of the amount of the fees ... | MPRE | 3 | 450 | An attorney made substantial financial contributions to the reelection campaign of an elected judge. The judge won reelection, and he showed his gratitude to the attorney by frequently appointing him to serve as referee or mediator in situations where the attorney received no compensation except reimbursement for trave... | |
No, because a lawyer shall exercise independent professional judgment, and the insurer’s litigation management guidelines in this instance materially impair the lawyer’s professional judgment. | [
"Yes, because the insured impliedly consented to the arrangement by accepting the insurance company’s choice of legal counsel in defending the claim.",
"Yes, because the insurer retained the attorney to handle the case.",
"No, because a lawyer shall exercise independent professional judgment, and the insurer’s ... | MPRE | 2 | 451 | An insurance company retained an attorney to represent one of its policyholders (i.e., an insured) against a lawsuit. The insurance company that hired the attorney requires its retained counsel to follow its own litigation management guidelines, designed to monitor the fees and costs of the lawyers the insurer retains.... | |
It would be permissible for the attorney to urge his own client to come forward and confess to this other murder to save the innocent person accused of it, even though such advice would be contrary to his own client’s legal interests. | [
"The attorney must immediately withdraw from representing this client, even if his trial is already underway, without offering the tribunal a reason for the withdrawal.",
"It would be improper for the attorney to urge his own client to come forward and confess to this other murder to save the innocent person accu... | MPRE | 2 | 452 | An attorney represented a criminal defendant charged with murder. During their consultations, the client informed the attorney that he had committed another murder, but that someone else – an innocent bystander – was standing trial for that crime. The attorney was aware of this other case, as it had received media cove... | |
The attorney violated his ethical duty to the client by providing purely technical legal advice that would be unhelpful to a nonlawyer. | [
"It was proper for the attorney to make this disclosure to the client, because it impacted the client’s legal interests, and the report was truthful.",
"The attorney had an ethical duty to spare the client’s feelings, and therefore acted properly.",
"The attorney did not have a duty to inform the client about a... | MPRE | 3 | 453 | An attorney represented a client who had an explosive temper. The representation concerned multimillion-dollar litigation, and the attorney received notice that the judge in the case had refused to qualify the attorney’s expert witness to testify at trial. Without the expert, the client’s case was unlikely to prevail. ... | |
The attorney failed to conduct the investigation described in the opinion letter and therefore violated his duty of care. | [
"The attorney failed to conduct the investigation described in the opinion letter and therefore violated his duty of care.",
"The attorney-client did not form in this case, so the attorney had no duty of care to the lender.",
"The attorney violated client confidentiality without authorization from the client or... | MPRE | 0 | 454 | A certain client applied to for a loan from a Big Bank based on a security interest in farm machinery that the client claims to own. Big Bank required that all borrowers provide an opinion letter at the time of closing from the borrower’s lawyer. The legal opinion letter was to verify, based on a check of courthouse re... | |
The attorney did not violate a duty of care to Big Bank by relying as stated in the opinion letter solely on the preliminary title report and not conducting any other investigation. | [
"The attorney-client relationship never formed in this case, so there is no conflict of interest here that would require informed consent.",
"The attorney had a conflict of interest in the representation described here, because he worked for the client at the behest of the lender.",
"The attorney did not violat... | MPRE | 2 | 455 | A certain client applied for a bank loan from Big Bank based on a security interest in farm land and farm machinery. Big Bank required an opinion letter at the time of closing from the client’s attorney, vouching for the deed of trust executed by the client that would give Big Bank a mortgage lien on the property, prio... | |
The attorney should start with the Chief Financial Officer, then take the matter to up the chain of command in the organization if necessary, eventually bringing the matter to the board of directors if nobody in management will address the problem. | [
"The attorney should withdraw immediately because she has a conflict of interest, given that she herself receives stock options as part of her compensation.",
"The attorney should start with the Chief Financial Officer, then take the matter to up the chain of command in the organization if necessary, eventually b... | MPRE | 1 | 456 | A recent law school graduate obtained her law license and spent several months searching for a job. Eventually, she went to work for a medium-sized corporation as in-house counsel. The company had only recently grown to the size that it could afford to keep legal counsel on staff, as opposed to hiring outside firms to ... | |
Yes, because if the action or failure to act involves the head of a bureau, either the department of which the bureau is a part, or the relevant branch of government may be the client for purposes of the Rules of Professional Conduct. | [
"Yes, but only by testifying under subpoena at a city council hearing or the legislative equivalent for that municipality (town aldermen, board of county commissioners, etc.).",
"Yes, because if the action or failure to act involves the head of a bureau, either the department of which the bureau is a part, or the... | MPRE | 1 | 457 | An attorney served as general counsel for a municipal auditing and enforcement bureau, which monitored the internal affairs and expenditures of the municipal government. The attorney discovered that the head of the bureau engaged in selective enforcement and self-dealing, and he suspected that bribery had occurred in a... | |
The attorney should proceed as the lawyer deems necessary to assure that the organization's highest authority knows about the circumstances of the lawyer's discharge. | [
"The attorney should immediately report the matter to the relevant government regulatory authority.",
"The attorney should proceed as the lawyer deems necessary to assure that the organization's highest authority knows about the circumstances of the lawyer's discharge.",
"The attorney should keep the informatio... | MPRE | 1 | 458 | An attorney worked for a corporation as in-house counsel. The attorney discovered that the Chief Financial Officer falsified the corporation’s quarterly earnings report to prop up the firm’s share price, as the CFO’s compensation is partly in stock options. The attorney knows that these misrepresented earnings appeared... | |
No, it would certainly be proper for the attorney to represent Investors’ Club, and in doing so she must proceed in the manner directed. | [
"Yes, it would be improper for the attorney to represent Investors’ Club, because it would not be in the interest of the organization to proceed in the manner directed.",
"Yes, if she first obtains informed consent to the conflict, with written confirmation, from the chief financial officer and the other responsi... | MPRE | 2 | 459 | The chief financial officer of Investors’ Club, a private investment trust, is under suspicion for converting $100,000 of Investors’ Club's assets for personal use. The other responsible corporate officers of Investors’ Club, acting on the trust’s behalf, retain an attorney to recover the money from the chief financial... | |
Yes, the interests of Investors’ Club and the chief financial officer are so adverse that even informed consent of both would not permit their common representation by Lawyer in the matter. | [
"Yes, the interests of Investors’ Club and the chief financial officer are so adverse that even informed consent of both would not permit their common representation by Lawyer in the matter.",
"Yes, because the restrictions placed on the attorney about disclosures create a conflict of interest between the respons... | MPRE | 0 | 460 | The chief financial officer of Investors’ Club, a private investment trust, is under suspicion for converting $100,000 of Investors’ Club's assets for personal use. The other responsible corporate officers of Investors’ Club, acting on the trust’s behalf, retain an attorney to recover the money from the chief financial... | |
Yes, a lawyer must take care not to convey communications regarding the client’s position, which otherwise would not count as statements of fact, in language that converts them, even inadvertently, into false factual representations. | [
"Yes, a lawyer must take care not to convey communications regarding the client’s position, which otherwise would not count as statements of fact, in language that converts them, even inadvertently, into false factual representations.",
"Yes, during negotiations, a lawyer may not make any inaccurate or evasive st... | MPRE | 0 | 461 | An attorney had struggled all through law school with the volume of reading and memorization, and then she had struggled to establish a successful law practice because everything took so much time and acumen. She complained constantly about her workload and maintained a blog where she espoused strong views about foreig... | |
No, such remarks are merely posturing or puffing, and are not statements upon which parties would justifiably rely, so they are not false statements of material fact. | [
"Yes, a lawyer shall not knowingly make a false statement of material fact or law to a third person.",
"Yes, misrepresentations can occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements.",
"No, such remarks are merely posturing or puffing, and are... | MPRE | 2 | 462 | An attorney represented Conglomerate Corporation in negotiating with an office supplies company for a bulk discount on regular monthly purchases. When the supplier refused to go any lower, the attorney said threateningly that he could pick up the phone at any time and get three of their competitors to beat the supplier... | |
Yes, because the Model Rules do not establish an automatic bar to lawyers initiating contact with the opposing parties’ experts. | [
"Yes, because the opposing party or its lawyer may not properly ask the expert not to discuss the case with the inquiring lawyer.",
"Yes, because the Model Rules do not establish an automatic bar to lawyers initiating contact with the opposing parties’ experts.",
"No, because the lawyer must communicate with th... | MPRE | 1 | 463 | A litigation attorney from Big Firm was representing Conglomerate Corporation as the defendant in a civil matter. The attorney learned that the opposing party had hired an expert witness to support their claims, so she decided to initiate an ex parte contact with the expert witness retained to testify for the opposing ... | |
No, the same standards that apply to lawyers engaged in negotiations also apply to them in the context of caucused mediation, because parties cannot waive, even by mutual consent, the protections against false statements of material fact during negotiations. | [
"Yes, there is less concern in the Model Rules about the accuracy of information that lawyers communicate in a caucused mediation, because consensual deception is intrinsic to the process.",
"Yes, the accuracy of communication deteriorates on successive transmissions between individuals, and those distortions ten... | MPRE | 2 | 464 | A litigation attorney worked for several years for the Office of the Attorney General in his state, but then left to work for Big Firm. At Big Firm, the attorney exclusively handled litigation for Conglomerate Corporation, one of Big Firm’s most important clients. Conglomerate Corporation had no litigation with the sta... | |
No, a lawyer shall not knowingly make a false statement of material fact to a third person. | [
"Yes, such remarks are merely posturing or puffing, and are not statements upon which parties would justifiably rely, so they are not false statements of material fact.",
"Yes, because the rules covering false statements to an opposing party or counsel apply only in the litigation context.",
"No, bluffing by us... | MPRE | 3 | 465 | An attorney was representing Conglomerate Corporation, a large employer, in labor negotiations with the employee’s union. The union had demanded, among other things, better coverage for birth control and abortions under the employee health insurance plan. The attorney told the union’s lawyers that adding this benefit w... | |
No, a lawyer shall not knowingly make a false statement of material fact or law to a third person. | [
"Yes, under accepted conventions in negotiation, certain types of statements ordinarily do not count as statements of material fact.",
"Yes, such remarks are merely posturing or puffing, and are not statements upon which parties would justifiably rely, so they are not false statements of material fact.",
"No, a... | MPRE | 2 | 466 | A prosecutor was conducting a plea negotiation with a defendant and his lawyer. During the plea negotiation, the prosecutor told the defendant and his counsel that there was an eyewitness to the alleged crime, who could identify the defendant as the perpetrator. This was not the case – the prosecutor was just bluffing,... | |
No, a lawyer engaged in settlement negotiations of a pending personal injury lawsuit in which the client was the plaintiff cannot conceal the client’s death; she must promptly notify opposing counsel and the court of that material fact. | [
"Yes, a lawyer engaged in settlement negotiations of a pending personal injury lawsuit in which the client was the plaintiff may temporarily conceal the client’s death from the opposing party and their counsel.",
"Yes, because the case could continue as a wrongful death action, the client’s death is not a materia... | MPRE | 3 | 467 | An attorney had struggled all through law school with the sheer amount of reading and memorization, and then she had struggled to establish a successful law practice because everything took so much time and acumen. She advertised heavily as a personal injury plaintiff’s lawyer, and she attracted new clients through dea... | |
Yes, during an ex parte contact, a lawyer may not convey the message, directly or indirectly, that the witness must speak to the lawyer. | [
"Yes, the Model Rules establish an automatic bar to lawyers initiating contact with the opposing party’s experts without first obtaining permission from the opposing counsel.",
"Yes, during an ex parte contact, a lawyer may not convey the message, directly or indirectly, that the witness must speak to the lawyer.... | MPRE | 1 | 468 | A litigation attorney from Big Firm was representing Conglomerate Corporation as the defendant in a civil matter. The attorney learned that the opposing party had hired an expert witness to support their claims, so she decided to initiate an ex parte contact with the expert witness retained to testify for the opposing ... | |
No, because a lawyer may electronically record a conversation without the knowledge of the other party to the conversation without violating the Model Rules, if the recording is not otherwise illegal. | [
"Yes, because a lawyer who electronically records a conversation without the knowledge of the other party or parties to the conversation is violating the Model Rules.",
"Yes, because a lawyer must to be truthful when dealing with others on a client’s behalf, and omissions can be the equivalent of affirmative fals... | MPRE | 2 | 469 | An attorney surreptitiously recorded a conversation with a potential witness without the other person’s knowledge or consent. State law permits recording of conversations when at least one of the participants consents, which would include the attorney in this case. The potential witness learned about the recording late... | |
No, lawyer who records a conversation without the consent of a party to that conversation may not represent that he is not recording the conversation. | [
"Yes, if there is no client-lawyer relationship with the other person, the lawyer has no duties to them at all.",
"Yes, because a lawyer may electronically record a conversation without the knowledge of the other party to the conversation without violating the Model Rules, if the recording is not otherwise illega... | MPRE | 3 | 470 | An attorney surreptitiously recorded a conversation with a potential witness without the other person’s knowledge or consent. The potential witness asked the attorney at the beginning of the conversation if the attorney was recording it, and the attorney assured her that he was not, even though he was in fact recording... | |
No, a lawyer may not make a communication prohibited by the Rules through the acts of another, such as the friend in this case. | [
"Yes, the friend’s willingness to be an informal intermediary serves as an independent intervening actor that breaks the line of causation to the attorney.",
"Yes, the opposing party’s eagerness to settle the case shows that the attorney did what the other party wanted; such an endorsement after the fact negates ... | MPRE | 2 | 471 | An attorney knows that his opposing counsel has a reputation for refusing to settle cases and forcing lawsuits to go to trial, to impose the full costs of litigation on the opposing party. Cultivating this reputation serves as a deterrent to other would-be litigants against opposing counsel’s clients. To avoid a rebuff... | |
No, consent of the company’s attorney is always necessary for communication with a present constituent of the organization who supervises, directs, or regularly consults with the organization’s attorney concerning the matter. | [
"Yes, given that these managers are likely to be witnesses at trial and subject to cross-examination anyway, it is reasonable for the attorney to have a chance to speak with them informally before trial.",
"Yes, because 95% of such cases settle before trial, meaning most discrimination cases do not really constit... | MPRE | 3 | 472 | In anticipation of trial over workplace discrimination, a plaintiff’s attorney contacts several current managers of the defendant corporation and interviews them about the day-to-day operations of the company and the chain of command for addressing personnel complaints. These managers supervise employees, address inter... | |
Yes, as the prohibition on communications with a represented person only applies in circumstances where the attorney knows that the person is in fact represented in the matter under discussion. | [
"Yes, if the non-compete agreement has a binding arbitration clause, as matters covered under alternative dispute resolution (arbitration, mediation, or a non-judicial referee) do not implicate the prohibition on communication with opposing parties.",
"Yes, as the prohibition on communications with a represented ... | MPRE | 1 | 473 | An attorney lived in State A, but she had a license to practice in adjacent State B, where she worked for a law firm. Some of her clients also lived in State A, but they had sought legal representation in State B because that is where they worked or owned property. A business owner who lived and worked in State B hired... | |
Yes, because he was visiting the property owner as a tenant, not as the representative of another party. | [
"Yes, because he was visiting the property owner as a tenant, not as the representative of another party.",
"Yes, because he visited the property owner in person, rather than trying to contact him without the other attorney’s knowledge.",
"No, because he approached the opposing party in a legal dispute without ... | MPRE | 0 | 474 | An attorney was renting law-office space from an individual property owner. At one point, the attorney was late with his rent, and he soon received a letter from another lawyer, who was representing the property owner. The letter directed the attorney to vacate by a certain date. The attorney visited his property owner... | |
No, because one can easily infer from these facts and circumstances that the attorney indeed knew the former employee had representation. | [
"Yes, as the prohibition on communications with a represented person only applies in circumstances where the attorney knows that the person is in fact represented in the matter, and this means that the attorney has actual knowledge of the fact of the representation.",
"Yes, if the non-compete agreement has a bind... | MPRE | 2 | 475 | A business owner hires an attorney to enforce a non-compete agreement against a former executive at the client’s technology firm. According to the client, a rumor started going around just this past week that the former executive had either started his own business nearby or was consulting for a nearby competitor; if t... | |
No, because attorneys may not communicate with represented persons unless the attorney representing that person permits the attorney to communicate with the represented person. | [
"Yes, because an attorney may communicate with represented persons assuming the represented person provides a written waiver to that attorney.",
"Yes, because an attorney may communicate with represented persons assuming the represented person initiates the communication.",
"No, because attorneys may not commun... | MPRE | 3 | 476 | An attorney represents a plaintiff in a civil suit. The defendant also has representation, but he contacts the attorney to negotiate a settlement agreement. The attorney advises the defendant that he cannot discuss the case with the defendant because the defendant has representation by counsel. Defendant faxes the atto... | |
Yes, because any prosecutor in that situation has reason to believe that the unrepresented defendant received limited-scope legal services on some portions of the case. | [
"Yes, because any prosecutor in that situation has reason to believe that the unrepresented defendant received limited-scope legal services on some portions of the case.",
"Yes, because prosecutors must safeguard the pre-trial rights of pro se defendants.",
"No, assuming the defendant is clearly unrepresented a... | MPRE | 0 | 477 | A state bar pro bono program arranges for lawyers to volunteer at police stations and county lockups to give limited-scope representation to arrestees who plan to proceed pro se, advising them mostly on their pre-trial rights (the right to remain silent, to have court-appointed counsel at trial, and so on). Sometimes t... | |
No, an attorney owes no duties or protections, including protections against disclosing information about potential lawsuits, to persons who communicate with attorneys without any expectation of forming a client-attorney relationship. | [
"Yes, attorneys shall not disclose information about potential lawsuits they discuss with others unless authorized by that person, whether the person is or is not a potential or current client.",
"Yes, persons with whom an attorney discusses potential litigation, even if only in a general manner, are prospective ... | MPRE | 2 | 478 | An attorney sees a friend at a high school reunion. The friend asks the attorney for advice about a potential civil lawsuit that the friend is considering hiring an attorney to file. The attorney gives the friend general information about the area of law and about the specific kind of lawsuit an attorney might potentia... | |
Yes, when a lawyer contacts any witness, lay or expert, actual or potential, the lawyer must not knowingly leave the witness in ignorance of the lawyer’s relationship to the case that gives occasion to the contact. | [
"Yes, when a lawyer contacts any witness, lay or expert, actual or potential, the lawyer must not knowingly leave the witness in ignorance of the lawyer’s relationship to the case that gives occasion to the contact.",
"Yes, because the Model Rules establish an automatic bar to lawyers initiating contact with the ... | MPRE | 0 | 479 | A litigation attorney from Big Firm was representing Conglomerate Corporation as the defendant in a civil matter. The attorney learned that the opposing party had hired an expert witness to support their claims, so she decided to initiate an ex parte contact with the expert witness retained to testify for the opposing ... | |
No, so long as the unrepresented person understands that the lawyer represents an adverse party and is not representing the person, the lawyer may prepare documents that require the person's signature and explain the lawyer's own view of the meaning of the document or the underlying legal obligations. | [
"Yes, when the lawyer knows or should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.",
"Yes, a lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if th... | MPRE | 3 | 480 | An inexperienced attorney represented an insurance company in a wrongful-death lawsuit. The plaintiff was the widow of the deceased, acting as the personal representative of the deceased. The widow was a pro se litigant, as she did not have legal representation in the matter. The lawsuit was over the death of her husba... | |
The attorney must inform the buyer that the attorney represents only Big Bank, and that the buyer should not rely on the attorney to protect the buyer's interests in the transaction. | [
"The attorney must withdraw from the representation unless both the buyer and Big Bank give informed consent, confirmed in writing, to the attorney's continued representation of Big Bank.",
"The attorney must inform the buyer that the attorney represents only Big Bank, and that the buyer should not rely on the at... | MPRE | 1 | 481 | A highly experienced attorney represented Big Bank as the financer in a home sale. The buyer, that is, the borrower, did not have legal representation in the transaction. Under the terms of the transaction, the buyer was to pay the legal fees of the attorney. The buyer wrote an email to the attorney stating, “I have se... | |
Notwithstanding a local court order to the contrary, the Model Rules do not independently impose an ethical duty to notify opposing counsel of the receipt of private, potentially privileged e-mail communications between the opposing party and his or her counsel. | [
"Notwithstanding a local court order to the contrary, the Model Rules do not independently impose an ethical duty to notify opposing counsel of the receipt of private, potentially privileged e-mail communications between the opposing party and his or her counsel.",
"The attorney must notify the opposing party, be... | MPRE | 0 | 482 | An experienced attorney regularly represented Conglomerate Corporation as its outside litigation counsel. One of Conglomerate’s employees filed a lawsuit against the company as her employer. Conglomerate instructed its information technologies staff to copy the contents of her workplace computer for useful information ... | |
No, if a lawyer records a conversation with no substantial purpose other than to embarrass or burden a third person, the lawyer has violated Rule 4.4. | [
"Yes, a lawyer has a duty to engage in zealous advocacy on behalf of the client, and to use every legal means available to achieve the client’s legal objectives.",
"Yes, because a lawyer may electronically record a conversation without the knowledge of the other party to the conversation without violating the Mod... | MPRE | 3 | 483 | An attorney represented a powerful but controversial politician. A prosecutor was seeking an indictment of the attorney’s client, so the attorney located a young woman who volunteered to befriend the prosecutor at a social event and exchange phone numbers. Then, at the attorney’s request, the young woman would call the... | |
Yes, a lawyer shall not use means that have no substantial purpose other than to embarrass or burden a third person. | [
"Yes, a prosecutor must refrain from making extrajudicial disclosures that have a substantial likelihood of heightening public condemnation of the accused.",
"Yes, a lawyer shall not use means that have no substantial purpose other than to embarrass or burden a third person.",
"No, responsibility to a client re... | MPRE | 1 | 484 | Local police obtained photographs from partygoers, and the photographs showed minors from the local high school consuming beer and engaging in sexual activity at a recent drinking party. The police forwarded the photographs to the local prosecutor, who decided not to pursue criminal charges in the matter for several le... | |
No, the attorney had an obligation to hold the funds in a separate account from the attorney’s own property. | [
"Yes, because the amount was less than the amount that would trigger the ethical rules pertaining to separate client accounts.",
"Yes, because the client asked the attorney to hold the funds temporarily, and the attorney faithfully delivered the entire sum to the client with his own check.",
"No, the attorney h... | MPRE | 2 | 485 | An attorney had included false statements on his application for admission to the bar, but the lies went undetected, so the attorney obtained his license and began to practice law. The nonlawyer employees he hired to work at his firm were aware that he had lied on his bar application, but they did not report this to th... | |
Yes, because the attorney did not keep records for a long enough period. | [
"Yes, because the attorney did not keep records for a long enough period.",
"Yes, because the attorney should not have deposited any of his own funds in the account together with client funds.",
"No, because the lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying b... | MPRE | 0 | 486 | An attorney has a busy transactional practice and frequently must handle client funds, either for making commercial purchases, sales, leases, dispute settlements, or other transfers. The attorney faithfully deposits client money in a separate trust account and does not commingle the funds with his own, except that he d... | |
The attorney must make reasonable efforts to reconstruct documents of intrinsic value for both current and former clients, or to obtain copies of the documents that come from an external source. d) The attorney must promptly notify the opposing party in each clients’ matter about the loss of important documents that mi... | [
"The attorney must self-report the loss to the state disciplinary authority and accept whatever sanction it imposes.",
"The attorney must compensate the clients for the documents, including the return of a portion of the legal fees that the attorney received from the client.",
"The attorney must make reasonable... | MPRE | 2 | 487 | A natural disaster struck a certain attorney’s city and destroyed his office, including many documents of intrinsic value belonging to clients. Which of the following would be one of the attorney’s ethical duties as a result? | |
The attorney need not notify either current or former clients about lost documents that have no intrinsic value. | [
"The attorney must self-report the loss to the state disciplinary authority and accept whatever sanction it imposes.",
"The attorney need not notify either current or former clients about lost documents that have no intrinsic value.",
"The attorney must compensate the clients for the documents.",
"The attorne... | MPRE | 1 | 488 | A natural disaster struck a certain attorney’s city and destroyed his office, including many documents of that had no intrinsic value belonging to clients, that serve no useful purpose to the client or former client, or for which there are electronic copies. Which of the following would be one of the attorney’s ethical... | |
The attorney must attempt to reconstruct the records from available sources. | [
"The attorney must attempt to reconstruct the records from available sources.",
"The attorney must self-report the loss to the state disciplinary authority and accept whatever sanction it imposes.",
"The attorney must notify current and former clients about the loss of the records, even if the attorney can full... | MPRE | 0 | 489 | A natural disaster struck a certain attorney’s city and destroyed his office, including his records of his client trust accounts. What must the attorney do in response, to satisfy his ethical obligations to keep records of such accounts? | |
Yes, a lawyer may deposit funds from the client into a trust account and withdraw funds only as billable fees or expenses accrue. | [
"Yes, a lawyer may deposit funds from the client into a trust account and withdraw funds only as billable fees or expenses accrue.",
"Yes, because $10,000 is a reasonable amount for the legal fees and expenses in a typical divorce case, and the lawyer did not charge a contingent fee.",
"No, because the fees are... | MPRE | 0 | 490 | An attorney worked for Big Firm for three years, and thereafter he took several of Big Firm’s clients with him to start his own firm. Big Firm had an official unwritten policy that its lawyers should not take Big Firm clients with them when the lawyers left the firm, but the attorney in this case simply ignored this po... | |
Yes, because he met with a represented opposing party without opposing counsel being present. | [
"Yes, because he met with a represented opposing party without opposing counsel being present.",
"Yes, because he permitted his client to meet with the opposing party without either lawyer being present.",
"No, because the parties themselves may talk to each other, and even resolve a dispute, without involving ... | MPRE | 0 | 491 | An attorney represented a female client, the wife in a marriage-dissolution action. The husband had retained a lawyer at Boutique Firm to represent him. Meeting without either lawyer present, the wife and husband negotiated the outlines of an agreement providing for property division and child support. The wife then br... | |
No, because Attorney Stevenson should have deposited the other lawyer’s share of the fees in a trust account, separate from his own funds. | [
"Yes, because the fees were proportionate to the work done by each lawyer, and the client assented to the arrangement in writing beforehand.",
"Yes, because the representation has ended, and the fees belong to the lawyers, not the client, and therefore Attorney Stevenson cannot place them in a separate trust acco... | MPRE | 3 | 492 | Attorney Stevenson, from Tiny Firm, brings in a lawyer from Giant Firm to work on a complex litigation matter, and they agree to share fees. The client receives a single billing covering the fees of both lawyers, even though they work for separate firms. To comply with the Rules of Professional Conduct, the fee divisio... | |
No, because the Code of Judicial Conduct prohibits judges from conducting online research to gather information about a party or juror in a pending case, even if the research yields no useful information. | [
"No, because the Code of Judicial Conduct prohibits judges from conducting online research to gather information about a party or juror in a pending case, even if the research yields no useful information.",
"No, because if a judge researches one party, fairness requires that the judge should do the same research... | MPRE | 0 | 493 | An experienced litigator became a judge. In her previous litigation practice, she would regularly search online to learn more about the opposing party, opposing counsel, and even jurors. She sometimes found useful information on opposing parties’ websites or on social media. Now serving as a judge, she visits the websi... | |
Yes, this violates Rule 2.9(c) of the Code of Judicial Conduct, because the clerk is conducting the research on behalf of the judge. | [
"No, because the clerk did the research, not the judge.",
"No, because this type of research on background material does not constitute an adjudicative fact for purposes of the rules pertaining to independent research by judges.",
"Yes, because the judge must do research for relevant facts that might be in disp... | MPRE | 3 | 494 | A judicial clerk researched alternative methods of toxic mold remediation in homes having mold problems and wrote a memo about her findings for the judge to consider in a case. The defendant alleged, among other things, that the plaintiff in a toxic mold case before that judge had failed to mitigate damages. Has the ju... | |
No, because the lawyer must withdraw from the representation of the judge under these circumstances. | [
"Yes, if the judge and the litigation client both provided written, informed consent, then Attorney can continue with the representation.",
"Yes, because in a case where the judge does not need to disqualify himself, the lawyers would not need to withdraw merely because the judge refuses to disclose the represent... | MPRE | 2 | 495 | A trial judge is going through a divorce, and he hired an attorney to represent him. The attorney’s law firm partner is representing another client who is appearing before the same judge in his personal injury lawsuit. The judge and the litigation client both give written informed consent to the representation despite ... | |
The candidate may discuss his jurisprudence or views on statutory or Constitutional interpretation, but he should not indicate how he would rule on a specific upcoming case. | [
"The candidate must refuse to discuss his jurisprudence or views on statutory or Constitutional interpretation, and he should not indicate how he would rule on a specific upcoming case.",
"The candidate may discuss his jurisprudence or views on statutory or Constitutional interpretation, but he should not indicat... | MPRE | 1 | 496 | A President appointed an experienced circuit court judge to fill a vacancy on the U.S. Supreme Court. During the Senate confirmation hearings, a committee member asked the candidate if he supported a textualist or originalist approach to interpreting statutes and the Constitution. How should the candidate respond? | |
The candidate should refuse to commit beforehand to ruling a specific way on any given case. | [
"The candidate should refuse to commit beforehand to ruling a specific way on any given case.",
"The candidate may answer that he would side with whatever most of the other justices on the Court decided.",
"The candidate may not promise to overturn a specific case but may promise to uphold stare decisis in any ... | MPRE | 0 | 497 | A President appointed an experienced circuit court judge to fill a vacancy on the U.S. Supreme Court. During the Senate confirmation hearings, a committee member asked the candidate if he would overturn Roe v. Wade if he had an opportunity to do so, or if he would uphold Roe v. Wade due to stare decisis. How should the... | |
Yes, if he does not say how he would rule in any specific case, the candidate can discuss his views on legal and political issues. | [
"Yes, because the candidate has in effect promised to uphold stare decisis in a specific case that might come before the Court.",
"Yes, if he does not say how he would rule in any specific case, the candidate can discuss his views on legal and political issues.",
"No, judicial candidates must not announce their... | MPRE | 1 | 498 | A President appointed an experienced circuit court judge to fill a vacancy on the U.S. Supreme Court. During the Senate confirmation hearings, a committee member asked the candidate about his personal beliefs about abortion. The candidate explained that he thought women had a right to make decisions about their own bod... | |
No, because the judge publicly reported the gift the very next day. | [
"No, because the judge is receiving many small gifts celebrating his twenty-fifth year on the bench, and this specific watch is unlikely to influence how the judge rules in future cases.",
"No, because the judge publicly reported the gift the very next day.",
"Yes, because lawyers cannot give any gift of signif... | MPRE | 1 | 499 | An attorney practices personal injury law in a small town. One of the judges who regularly presides over the attorney’s cases is celebrating his twenty-fifth year on the bench, and the judge’s friends and family have planned a banquet honoring the judge for reaching this milestone in his career. The organizers of the e... | |
No, because the Code of Judicial Conduct prohibits judges from conducting online research to gather information about a party or juror in a pending case, even if the research yields no useful information. | [
"Yes, because the judge is merely learning information that is available to the public through the company’s official website.",
"Yes, because the Code of Judicial Conduct encourages judges to use modern research tools, such as the Internet, to reach more accurate or well-informed decisions in their cases.",
"N... | MPRE | 3 | 500 | An experienced litigator became a judge. In her previous litigation practice, she would regularly search online to learn more about the opposing party, opposing counsel, and even jurors. She sometimes found useful information on opposing parties’ websites or on social media. Now serving as a judge, she visits the websi... |
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