correct_answer stringlengths 0 587 | candidate_answers list | source stringclasses 1
value | correct_idx int64 0 3 | problem_number int64 1 500 | problem_statement stringlengths 56 3.02k | topic stringclasses 1
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Yes, because during a trial, when an immediate decision becomes necessary, the exigency of the situation may require the lawyer to act without prior consultation, assuming the lawyer promptly informs the client of actions the lawyer has taken on the client's behalf. | [
"Yes, because the opposing party’s request was reasonable, and even if the attorney had asked the client and the client disapproved, the attorney could not have ethically objected to the request.",
"Yes, because during a trial, when an immediate decision becomes necessary, the exigency of the situation may requir... | MPRE | 1 | 101 | A certain attorney represents a client in a litigation matter. The client was not present during the last pre-trial hearing at which the lawyers argued about whether certain experts on each side could testify at trial. The trial was to start the following week. At the end of the hearing, the opposing counsel asked the ... | |
Yes, a lawyer may delay transmission of information when the client would be likely to react imprudently to an immediate communication, including a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. | [
"Yes, a lawyer may delay transmission of information when the client would be likely to react imprudently to an immediate communication, including a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client.",
"Yes, because the psychologist’s duty was only t... | MPRE | 0 | 102 | An attorney represented a client in a criminal matter. The client had a history of mental illness, and the court ordered a psychological examination to determine if the client would be competent to stand trial. The case did not involve an insanity defense or a defense of diminished capacity. The psychologist who evalua... | |
Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to current clients, whenever the error would predictably cause a client to consider terminating the representation even in the absence of harm or prejudice. | [
"Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to current clients, whenever the error would predictably cause a client to consider terminating the representation even in the absence of harm or prejudice.",
"Yes, because Model Rule 1.16(d) requires that a lawye... | MPRE | 0 | 103 | An attorney prepared a contract for a client in 2016. The matter is nearing competition, so the representation regarding that matter has not ended. In 2018, while using that agreement as a template to prepare an agreement for a different client, the attorney discovers a material error in the agreement. The error does n... | |
No, when a data breach occurs involving, or having a substantial likelihood of involving, material client confidential information a lawyer has a duty to notify the client of the breach. | [
"Yes, the firm’s need to keep the incident secret outweighs any reasons to disclose the breach to the clients.",
"Yes, the firm fulfilled its duties to the clients by having reasonable measures in place to safeguard confidential client information, so no further disclosures to the clients are necessary.",
"No, ... | MPRE | 3 | 104 | An attorney was a partner at Big Firm, which represented Conglomerate Corporation and Giant Company in corporate merger negotiations. Big Firm had state-of-the-art network firewalls, virus protection, password protection, and other data security features in place. Nevertheless, one Friday evening some hackers managed t... | |
No, because the Model Rules do not require disclosure of material errors to former clients after the representation has ended. | [
"Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to the clients.",
"Yes, because Model Rule 1.16(d) requires that a lawyer, upon termination of a representation, must “take steps to the extent reasonably practicable to protect a client’s interests, such as givin... | MPRE | 2 | 105 | An attorney prepared a contract for a client in 2015. The matter has concluded, the representation has ended, and the person for whom the contract was prepared is not a client of the attorney or law firm in any other matter. In 2018, while using that agreement as a template to prepare an agreement for a different clien... | |
Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to current clients, and the attorney’s ongoing representation on other matters means a client-lawyer relationship still exists. | [
"Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to current clients, and the attorney’s ongoing representation on other matters means a client-lawyer relationship still exists.",
"Yes, because Model Rule 1.16(d) requires that a lawyer, upon termination of a repr... | MPRE | 0 | 106 | An attorney prepared a contract for a client in 2013. The matter concluded, and the representation regarding that matter has ended, though the attorney continues to represent the same client on some unrelated matters. In 2017, while using that agreement as a template to prepare an agreement for a different client, the ... | |
Yes, because Rule 1.4 requires that lawyers disclose material errors made during the representation to current clients, even though the error does not furnish the basis for a valid malpractice claim. | [
"Yes, because Model Rule 1.16(d) requires that a lawyer, upon termination of a representation, must “take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client.”",
"Yes, because Rule 1.4 requires that lawyers disclose material errors made during... | MPRE | 1 | 107 | An attorney prepared a contract for a client in 2016. The matter is nearing conclusion, so the representation regarding that matter has not ended. In 2018, while using that agreement as a template to prepare an agreement for a different client, the attorney discovers a material error in the agreement. The error does no... | |
Yes, because the client did not sign the fee agreement. | [
"Yes, because the client did not sign the fee agreement.",
"Yes, because the attorney arranged to deduct expenses from the total award before the calculation of the contingent fee, rather than after the determination of the fee.",
"No, because the letter constituted a written fee agreement stipulating all the t... | MPRE | 0 | 108 | An attorney agreed to represent a plaintiff in a personal injury lawsuit, and the client agreed to pay the attorney a contingent fee based on a percentage of the award in the case. The attorney put all the terms of the fee agreement in written form in a letter to the client. The letter explained the percentage that sho... | |
No, a lawyer may seek reimbursement for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by th... | [
"Yes, because lawyers may charge clients only for the lawyer’s time (legal fees), expert fees, and court costs.",
"Yes, because a lawyer may not charge a client for overhead expenses normally associated with properly maintaining, staffing, and equipping an office.",
"No, a lawyer may seek reimbursement for the ... | MPRE | 2 | 109 | Boutique Firm charges its clients fifteen cents per page for photocopies done in-house on the firm’s copiers. All new clients receive a schedule of fees before the representation begins that clearly specifies such charges, and client bills clearly itemize photocopying charges. The charge applies even if the client neve... | |
No, the attorney may not enter into an arrangement for, charge, or collect any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof. | [
"Yes, the Model Rules do not preclude a contract for a contingent fee for legal representation in connection with the recovery of post-judgment balances due under support, alimony, or other financial orders.",
"Yes, because the circumstances have changed, given that the client now must pay\funexpected medical bil... | MPRE | 3 | 110 | An attorney represented a client in a divorce case and charged the client an hourly fee for the representation. The client won primary custody of the child from the marriage, and the ex-spouse (the child’s other parent) would take the child during school vacations. A year after the case ended, the client wanted to reop... | |
The attorney is subject to discipline for charging a contingent fee in a criminal matter. | [
"The attorney is subject to discipline for charging a contingent fee in a criminal matter.",
"The attorney is not subject to discipline because the client consented and confirmed it in writing.",
"The attorney is subject to discipline for failing to include a third option, a partial fee if the case ends with a ... | MPRE | 0 | 111 | A certain defendant was facing charges for assault with a deadly weapon. A local criminal defense attorney offered to represent this defendant on a contingent fee basis. In other words, the attorney would charge no fee (the client would pay nothing) if the case resulted in a conviction, but he would pay only if the law... | |
Yes, periodic, incremental increases in a lawyer's regular hourly billing rates are permissible if a client understands and accepts such practice at the commencement of the client-lawyer relationship, and the periodic increases are reasonable under the circumstances. | [
"Yes, unless the clients object, their acquiescence to the rate increases constitutes acceptance of the new contractual term.",
"Yes, periodic, incremental increases in a lawyer's regular hourly billing rates are permissible if a client understands and accepts such practice at the commencement of the client-lawye... | MPRE | 1 | 112 | Big Firm raises its hourly billing rate for all clients annually, on the first day of the year, by two percent. The initial engagement documents at the outset of representation explain this practice clearly, but Big Firm does not inform clients in writing each time the annual rate increase occurs. Is it proper for Big ... | |
Yes, because state rules about legal fees are subject to limitations by applicable law, such as government regulations regarding fees in certain tax matters. | [
"Yes, because state rules about legal fees are subject to limitations by applicable law, such as government regulations regarding fees in certain tax matters.",
"Yes, because tax matters require a contingent fee agreement, not an hourly rate, lest attorneys have a temptation to drag out the case to drive up their... | MPRE | 0 | 113 | A new federal Treasury Regulation provides that attorneys who prevail in tax cases on behalf of their clients against the Revenue Service may receive attorneys’ fees at the fixed rate of $100 per hour, not to exceed $100,000. A certain attorney lives in a state that allows “reasonable” fees, and he makes a written fee ... | |
No, the attorney must inform the client of the basis or rate of the fee and expenses before or within a reasonable time after commencing the representation. | [
"Yes, so long as the fees and expenses are consistently reasonable, and each client consents.",
"Yes, so long as the attorney does not base the decision on whether to charge an hourly rate or a flat fee on which will be higher.",
"No, the attorney must inform the client of the basis or rate of the fee and expen... | MPRE | 2 | 114 | An attorney worked as a purchaser for Conglomerate Corporation for many years before law school. After graduating and becoming a licensed practitioner, the attorney opened his own firm and represented many of Conglomerate Corporation’s outside vendors in their contractual disputes with Conglomerate. In fact, the attorn... | |
It is proper to charge a plaintiff in a personal injury case a flat fee regardless of the case outcome, and it is permissible to charge the seller a contingent fee in a real estate transaction. | [
"The attorney may charge a contingent fee in the personal injury case but not in the real estate transaction.",
"It is improper to charge a plaintiff in a personal injury case a flat fee regardless of the case outcome, but it is permissible to charge the seller a contingent fee in a real estate transaction.",
"... | MPRE | 3 | 115 | An attorney had her own firm, and she employed a paralegal who had previously worked for another firm. The attorney agreed to represent two new clients: a plaintiff in a personal injury lawsuit, and a seller in commercial real estate transaction. The personal injury plaintiff had a case that was unlikely to succeed due... | |
No, if the attorney flies for six hours for one client, while working for five hours on behalf of another, she has not earned eleven billable hours. | [
"Yes, each client is receiving the legal services they paid for during that time.",
"Yes, the Model Rules encourage this type of efficiency, because it allows lawyers to provide legal representation to more people who need it.",
"No, if the attorney flies for six hours for one client, while working for five hou... | MPRE | 2 | 116 | An attorney worked as an associate for several years at Big Firm, and while she worked there, she started a sexual relationship with one of the clients of the firm, whom the firm had already been representing before she began working there. Nevertheless, the attorney did not make partner at the firm due to this inciden... | |
No, attorneys who reuse old work product have not re-earned the hours previously billed and compensated when they first generated that work product. | [
"Yes, each client is receiving the legal services they paid for during that time.",
"Yes, the Model Rules encourage this type of efficiency, because it allows lawyers to provide legal representation to more people who need it.",
"No, attorneys who reuse old work product have not re-earned the hours previously b... | MPRE | 2 | 117 | Big Firm hired associates from the top of their class at the most prestigious law schools. Big Firm’s partners often boasted to their clients, truthfully, that all their associates did federal judicial clerkships before joining Big Firm as lawyers. Conglomerate Corporation retained Big Firm regularly as outside legal c... | |
No, it would be unreasonable for the attorney to charge twenty thousand dollars for doing so little. | [
"Yes, the fee was reasonable given how quickly the attorney was able to obtain the full amount the client was hoping to recover.",
"Yes, but the attorney must share the fee with whatever lawyer is representing the bank employee now facing charges for the same crime, because it was a flat fee for solving a specifi... | MPRE | 3 | 118 | A certain employee at Big Bank faced criminal charges for alleged embezzlement of bank funds, so she retained an attorney to defend her against the charges for a flat fee of twenty thousand dollars, which the client could pay in monthly installments. The next day, a different Big Bank employee confessed to having taken... | |
The attorney should receive $300,000 when Conglomerate’s million-dollar lump sum payment arrives, and $300 of each subsequent disbursement from the annuity, when the disbursements occur, until the client’s death. | [
"The attorney should receive $300,000 when Conglomerate’s million-dollar lump sum payment arrives, but none of the subsequent disbursements from the annuity.",
"The attorney must choose between thirty percent of the initial million-dollar payment and thirty percent of the monthly annuity payments.",
"The attorn... | MPRE | 3 | 119 | An attorney filed a lawsuit on behalf of a client against Conglomerate Corporation as the defendant. The attorney's contingent fee contract stipulated that the attorney would receive thirty percent of recovery, if the case settled before trial, and a higher percentage if a trial was necessary. The client and the attorn... | |
No, because under the fee agreement, the client had to repay the attorney only if they won the case. | [
"Yes, because even where the fee agreement stipulates that it is a contingent fee, this does not apply to litigation costs that a lawyer advances to a client.",
"Yes, because losing the case nullified the contingent fee agreement and created a quantum meruit situation.",
"No, because under the fee agreement, th... | MPRE | 2 | 120 | A client hired an attorney to represent him in suing his employer for wrongful termination. The attorney proposed a fee arrangement that made the fees contingent on the outcome, and he included in the fee agreement that the attorney would advance the costs of litigation. The attorney lost the case at trial, and the cli... | |
Yes, because a lawyer may not charge a client for overhead expenses normally associated with properly maintaining, staffing, and equipping an office. | [
"Yes, because lawyers may charge clients only for the lawyer’s time (legal fees), expert fees, and court costs.",
"Yes, because a lawyer may not charge a client for overhead expenses normally associated\fwith properly maintaining, staffing, and equipping an office.",
"No, a lawyer may seek reimbursement for the... | MPRE | 1 | 121 | An attorney provides itemized billing to her clients: hours worked by partners and associates, expert fees, international phone call charges, court costs, stenographers used in depositions, and so forth. She also includes some itemized prorated charges for overhead costs. Her mobile phone, which she uses exclusively fo... | |
No, a lawyer may charge the client no more than the actual cost of making a copy on the photocopy machine plus a reasonable allocation of overhead expenses directly associated with the provision of the service, such as the salary of a full-time photocopy machine operator. | [
"Yes, a lawyer may seek reimbursement for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred... | MPRE | 3 | 122 | Boutique Firm charges its clients five dollars per page for photocopies done in-house on the firm’s copiers. All new clients receive a schedule of fees before the representation begins that clearly specifies such charges, and client bills clearly itemize photocopying charges. The charge applies even if the client never... | |
No, it is not reasonable for the attorney to charge over three hundred thousand dollars in fees for making one phone call at the end of the first consultation with the client. | [
"Yes, a fee may be contingent on the outcome of the matter, and the attorney complied with all the requirements in the Model Rules for written disclosures about the terms of the fee.",
"Yes, the fee was reasonable given how quickly the attorney was able to obtain the full amount the client was hoping to recover, ... | MPRE | 2 | 123 | An attorney consulted with a potential client, a plaintiff in a personal injury lawsuit, and the client agreed to pay the attorney a contingent fee based on a percentage of the award in the case, which appeared to be a complicated matter that would necessitate the testimony of experts at trial, and depositions of the e... | |
It was impermissible for the attorney to represent the seller in a commercial real estate transaction on a contingent fee basis without a written fee agreement, signed by the client, stating the method of determining the fee. | [
"It was impermissible for the attorney to represent the plaintiff in a personal injury case without a written fee agreement, signed by the client, stating shall state the method of determining the fee.",
"It was permissible, though not preferable, for the attorney to represent the seller in a commercial real esta... | MPRE | 3 | 124 | An attorney had her own firm, and she employed a paralegal who had previously worked for another firm. The attorney agreed to represent two new clients: a plaintiff in a personal injury lawsuit, and a seller in commercial real estate transaction. The personal injury plaintiff had a case that was unlikely to succeed due... | |
Yes, lawyers should not exploit fee arrangements based primarily on hourly charges by using wasteful procedures. | [
"Yes, lawyers should not exploit fee arrangements based primarily on hourly charges by using wasteful procedures.",
"Yes, even though the corporate clients are willing purchasers of expensive legal services, when opposing parties lose and must pay attorney’s fees to Big Firm’s clients, they may end up paying law ... | MPRE | 0 | 125 | Big Firm bills most of its clients on an hourly-billing basis, measured in fifteen-minute increments. Most of the firm’s clients are large corporations. Big Firm’s associates have burdensome billable hour requirements, so they spend as many hours as possible on every case, working every angle possible, taking an exhaus... | |
Yes, given that the attorney advertised for that amount and the client had seen the ad, the parties have an implicit contract under which the attorney must write the will in exchange for $500. | [
"Yes, given that the attorney advertised for that amount and the client had seen the ad, the parties have an implicit contract under which the attorney must write the will in exchange for $500.",
"Yes, because the client is elderly, and charging $1500 would be unconscionable.",
"No, because the client never men... | MPRE | 0 | 126 | An elderly retiree was reading the newspaper one morning, and he noticed an advertisement by a local attorney offering to write simple wills for $500. The attorney’s name was unfamiliar, but the retiree called the phone number in the ad and asked the attorney to write a simple will for him, and the attorney agreed. Nei... | |
Yes, the fee change was reasonable under these circumstances, and the attorney followed the notice requirements of the Model Rules. | [
"Yes, because the parties made a valid modification to a contract, which is legally enforceable.",
"Yes, the fee change was reasonable under these circumstances, and the attorney followed the notice requirements of the Model Rules.",
"No, lawyers may not change fee structures mid-representation if the original ... | MPRE | 1 | 127 | A client hired an attorney to represent her in business litigation, as the plaintiff, for a set hourly rate for the fees. By agreement, the fees were not due until the conclusion of the matter and the end of the representation. During the pleading phase of the lawsuit, however, the other party unexpectedly impleaded a ... | |
No, representation of one client is not directly adverse to another client, and there is not a significant risk that the referral of Susan will be materially limited by attorney’s responsibility to the cupcake shop. | [
"Yes, because the cupcake shop owns the vehicle that was in the accident, and Diane is co-owner of the shop and its assets, including the vehicle.",
"Yes, because the attorney has done other legal work for the cupcake shop and has confidential information that could be prejudicial to the new client.",
"No, repr... | MPRE | 2 | 128 | A certain attorney was a solo practitioner with many years of experience. For the last few years, the attorney represented a local cupcake shop, jointly owned by Susan and Diane. Susan was in a traffic accident while doing a personal errand, but she was driving the delivery van of the cupcake shop. Susan was co-owner o... | |
Yes, if the attorney obtains the informed consent, confirmed in writing, of both the cupcake shop and Susan as potential codefendants, and otherwise meets the requirements of Model Rule 1.7(b). | [
"Yes, if the attorney obtains the informed consent, confirmed in writing, of both the cupcake shop and Susan as potential codefendants, and otherwise meets the requirements of Model Rule 1.7(b).",
"Yes, if Diane gives her personal consent, confirmed in writing, and the other driver also consents.",
"No, the cli... | MPRE | 0 | 129 | A certain attorney was a solo practitioner with many years of experience. For the last few years, the attorney represented a local cupcake shop, jointly owned by Susan and Diane. Susan was in a traffic accident while doing a personal errand, but she was driving the delivery van of the cupcake shop. Susan was co-owner o... | |
Yes, if the attorney obtains the informed consent, confirmed in writing, of both the cupcake shop and Susan as potential codefendants, and otherwise meets the requirements of Model Rule 1.7(b). | [
"Yes, if Diane gives her personal consent, confirmed in writing, and the other driver also consents.",
"Yes, if the attorney obtains the informed consent, confirmed in writing, of both the cupcake shop and Susan as potential codefendants, and otherwise meets the requirements of Model Rule 1.7(b).",
"No, the cli... | MPRE | 1 | 130 | A certain attorney was a solo practitioner with many years of experience. For the last few years, the attorney represented a local cupcake shop, jointly owned by Susan and Diane. Susan was in a traffic accident while doing a personal errand, but she was driving the delivery van of the cupcake shop. Susan was co-owner o... | |
No, because a physical or mental condition currently materially impairs the lawyer's ability to represent the client. | [
"Yes, assuming the attorney can acquire the necessary knowledge or expertise through additional research to handle the complexity of the matter on the client’s behalf.",
"Yes, because the attorney is getting help for his addiction problem and should recover soon.",
"No, because the client has proposed engaging ... | MPRE | 3 | 131 | An attorney injured his back and leg badly in a car accident. In the aftermath, the attorney became chemically dependent on prescription pain medications. This addiction progressed until it began to affect the attorney’s relationships and work habits. The partners in his firm eventually insisted that the attorney seek ... | |
A general assessment of the municipality or the municipality's matter | [
"The materials provided to the lawyer by the municipality",
"Third party assessments, evaluations, or records paid for by the municipality.",
"A general assessment of the municipality or the municipality's matter",
"Legal documents filed with a tribunal, or documents completed and ready for submission to the ... | MPRE | 2 | 132 | An attorney represented a municipality for several years, in accordance with a contract for legal services. The contract term ended, and the municipality published a new request for proposals, and in the end chose a different lawyer to provide legal services for the next several years. The municipality requested that t... | |
Yes, if representation has begun, the attorney must to withdraw from the case and take reasonable steps to mitigate consequences to client if discharged by client. | [
"Yes, if representation has begun, the attorney must to withdraw from the case and take reasonable steps to mitigate consequences to client if discharged by client.",
"Yes, the attorney must continue representation of client until attorney receives notice of discharge in writing and signed by client.",
"No, if ... | MPRE | 0 | 133 | An attorney represents a client in a family law matter. A hearing is set for Monday. On the Wednesday prior to the scheduled hearing, the client calls the attorney and advises that the client no longer wants the attorney to represent her; the attorney’s representation is over as of the date and time of the call. The cl... | |
Yes, because withdrawal is permissible if the client misused the attorney’s services in the past, even if the withdrawal would materially prejudice the client. | [
"Yes, because if a court or tribunal has no objection to an attorney withdrawing from a case, then the attorney has no ethical duty to continue the representation.",
"Yes, because withdrawal is permissible if the client misused the attorney’s services in the past, even if the withdrawal would materially prejudice... | MPRE | 1 | 134 | An attorney has already represented a certain client on several matters. Most recently, the attorney has represented the client in a litigation matter against the city’s largest manufacturer. The manufacturer, whom the attorney is suing on behalf of the client, is both the city’s largest employer and the largest purcha... | |
No, because the attorney 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 the attorney can continue with the representation.",
"Yes, because in a case where the judge does not need to disqualify himself, the attorneys would not need to withdraw merely because the judge refuses to disclose the rep... | MPRE | 3 | 135 | 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 attorney must withdraw from representing the clients mentioned. | [
"The attorney must temporarily withdraw from the practice of law, and the attorney may seek reinstatement with the bar after the situation returns to normal.",
"The attorney must withdraw from representing the clients mentioned.",
"The attorney must find a way to contact the clients and request their patience."... | MPRE | 1 | 136 | An attorney had to abandon his home and his vehicle to take refuge in a FEMA rescue shelter following a natural disaster in his area. Some of the attorney’s clients required immediate legal services that the attorney was unable to provide. What would be the attorney’s ethical duty in this situation? | |
No, the attorney may ask for permission to withdraw as counsel, or to serve merely as standby counsel in this scenario. | [
"Yes, assuming the client can prove that he would have been likely to prevail in the case if the attorney had not withdrawn",
"Yes, because he took advantage of the client’s willingness to go pro se and left the client with ineffective representation",
"No, because the court attempted to force the attorney to w... | MPRE | 3 | 137 | An attorney had a firm that specialized in criminal defense work. He managed a team of young lawyers that worked on DUI cases and other noncomplex cases; while he would handle the more complicated or high-profile cases himself. The attorney received a court appointment to represent a defendant charged in a series of au... | |
Yes, an attorney can seek withdrawal for good cause, such as lack of competence to handle certain specialized legal matters. | [
"Yes, an attorney can seek withdrawal for good cause, such as lack of competence to handle certain specialized legal matters.",
"Yes, because an appointed attorney may withdraw at any time for any reason",
"No, because an attorney does not have to be an expert in a specific field of law to provide competent rep... | MPRE | 0 | 138 | A defendant faced criminal charges for running a Ponzi scheme and an elaborate conspiracy to help others commit tax fraud. The government seized all his accounts and assets, so he had no funds to hire defense counsel. The court, therefore, appointed a local attorney to represent the defendant in the case. The attorney ... | |
No, because lack of malpractice insurance is not good cause for withdrawal. | [
"Yes, because lack of malpractice insurance is always good cause for withdrawal",
"Yes, because a court may not force an attorney to provide representation in a case over the attorney’s objection, as the attorney’s diligence and attention will inevitably suffer as a result.",
"No, attorneys may not seek to with... | MPRE | 3 | 139 | A court appointed a local solo practitioner to represent an indigent criminal defendant. The attorney sought to decline the appointment on the basis that he did not have legal malpractice insurance; normally, he explained, he could manage his risk of liability by carefully selecting clients whose legal needs were safel... | |
No, giving money to the attorney did not create any attorney-client relationship. | [
"Yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates an attorney-client relationship.",
"Yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates attorney-client privilege for the conversation, even if the attor... | MPRE | 2 | 140 | An attorney was representing a criminal defendant, and he agreed to meet with one of the defendant’s co-conspirators to learn more about what happened and to discuss what to expect as the case proceeded. At the beginning of the meeting, the co-conspirator gave the attorney a dollar bill, saying, “This is to establish a... | |
Yes, because the individual who sent the original email was not a prospective client for purposes of the Model Rules, and the attorney had no duty to keep the information confidential. | [
"Yes, because the attorney declined to provide representation.",
"Yes, because the individual who sent the original email was not a prospective client for purposes of the Model Rules, and the attorney had no duty to keep the information confidential.",
"No, because written, oral, or electronic communications, c... | MPRE | 1 | 141 | In response to an attorney’s advertising, which describes the attorney’s education, experience, areas of practice, and contact information, an individual sent an email to the attorney describing their legal problem at length, including many personal details. Some of the information was unfavorable to the individual’s l... | |
Yes, because this is dishonest, interferes with the administration of justice, and has no purpose other than to interfere with the opposing party’s ability to form a clientlawyer relationship. | [
"Yes, because lawyers are normally vicariously liable for their client’s actions.",
"Yes, because this is dishonest, interferes with the administration of justice, and has no purpose other than to interfere with the opposing party’s ability to form a clientlawyer relationship.",
"No, because the other lawyers w... | MPRE | 1 | 142 | A family law attorney represented a client in a divorce proceeding. Early in the representation, before the client’s spouse had retained counsel, the attorney advised her client to meet with other lawyers in the area for the sole purpose of creating a conflict of interest, that is, so that the client’s spouse would be ... | |
Yes, the person was not genuinely seeking legal representation, so the lawyer would have no duty to protect the confidentiality of the information disclosed and no conflict of interest. | [
"Yes, the person was not genuinely seeking legal representation, so the lawyer would have no duty to protect the confidentiality of the information disclosed and no conflict of interest.",
"Yes, because the other lawyers all declined the representation immediately.",
"No, because a lawyer shall not represent a ... | MPRE | 0 | 143 | A family law attorney represented a client in a divorce proceeding. Early in the representation, before the client’s spouse had retained counsel, the attorney advised her client to meet with other lawyers in the area for the sole purpose of creating a conflict of interest, that is, so that the client’s spouse would be ... | |
No, because the information learned from the first consultation with the other party would be so helpful to the new client, and so harmful to the individual the attorney declined to represent. | [
"Yes, because no attorney-client relationship formed with the previous consultation, and the reasons for declining that case do not seem to apply now to the new prospective client.",
"Yes, because the information learned from the first consultation with the other party will be quite helpful to the new client.",
... | MPRE | 2 | 144 | A prospective client consulted with an attorney about the possibility of securing legal representation in a matter. During the conversation, the client shared openly with the attorney about the strengths and weaknesses of her legal claims, including some personal information that would be embarrassing if it became publ... | |
The attorney may not disclose to the client that the opposing party consulted with another lawyer in the firm but may continue to represent the client if the attorney does not use any information gleaned from the other party’s consultation against the other party. | [
"The attorney has an ethical duty to inform his client that his firm conducted an uninformative initial consultation with the opposing party and declined the representation immediately.",
"The attorney has an ethical duty to withdraw from the representation because another lawyer at his firm consulted with the op... | MPRE | 3 | 145 | An attorney undertook the representation of a client in a breach of contract claim and began working on the matter. A few weeks later, the opposing party in the litigation consulted with another lawyer in the attorney’s firm about the same matter, but during the consultation, disclosed no confidential information excep... | |
Yes, because the client’s defense has some basis in fact and law, even if it seems improbable in both regards. | [
"Yes, because the client’s defense has some basis in fact and law, even if it seems improbable in both regards.",
"Yes, because filing the answer contradicts the lawyer’s duty of candor to the court.",
"No, because the attorney’s research has led him to the conclusion that courts usually disfavor such defenses ... | MPRE | 0 | 146 | An attorney agreed to represent a plaintiff in a claim against the client’s employer for intentional infliction of emotional distress, because of insulting remarks the supervisor makes about his subordinates’ intelligence and maturity. The attorney researched past court decisions and concluded that intentional inflicti... | |
Yes, it was impermissible for the attorney to bring the action for executing the judgment, and to appeal the dismissal, as there was basis in law or fact for doing so. | [
"Yes, even though it was permissible to seek execution of the judgment, it was frivolous for the attorney to appeal a dismissal with prejudice in this situation.",
"Yes, it was impermissible for the attorney to bring the action for executing the judgment, and to appeal the dismissal, as there was basis in law or ... | MPRE | 1 | 147 | An attorney licensed in Texas represented a group of plaintiffs in a foreign court – a third-world dictatorship with no enforcement of lawyer licensing requirements. The lawsuit claimed that a former United States President was personally responsible for international terrorism, colonial imperialism, climate change, th... | |
No, because a lawyer must prepare a brief referring to anything in the record that might potentially support the appeal and leave it to the appellate court to decide whether the appeal is truly frivolous. | [
"Yes, because a lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.",
"Yes, assuming the letter preserves the client’s right to proceed with the appeal on his own, and the client has agreed to terminat... | MPRE | 3 | 148 | A certain client was an indigent defendant and received court-appointed counsel for his trial. The trial ended in a conviction. A certain attorney served as his appointed counsel in the case. The client wanted to appeal his conviction, but the attorney believes, for a number of reasons, that there is no merit to an app... | |
Yes, a federal statute authorizes federal courts to require a lawyer to pay all the excess costs, expenses, and legal fees incurred because of the lawyer “unreasonably and vexatiously” multiplying the proceedings. | [
"Yes, but only because some of the motions were redundant, and may have come after the state disciplinary authority rendered its no-action decision.",
"Yes, a federal statute authorizes federal courts to require a lawyer to pay all the excess costs, expenses, and legal fees incurred because of the lawyer “unreaso... | MPRE | 1 | 149 | Client hired an attorney to represent her federal court litigation, defending against antitrust enforcement actions by the Federal Trade Commission and the Department of Justice. The attorney adopts a “quagmire” strategy, burying the government lawyers in several dozen motions to limit or compel discovery, to compel ad... | |
No, because a lawyer has a duty to make reasonable efforts to expedite litigation consistent with the interests of the client. | [
"Yes, because the conflict of interest will disappear if Big Firm rejects the attorney’s application for employment before the case proceeds any further.",
"Yes, because the attorney may need to transfer the case to another lawyer anyway, and addressing the potential conflicting of interest directly, instead of s... | MPRE | 2 | 150 | A certain client hired an attorney to represent a client in a litigation matter, but after he filed the notice of representation and the initial pleadings in the case, the opposing party hired Big Firm to represent it. The attorney has already completed three rounds of job interviews with Big Firm and is now simply wai... | |
Yes, because even if the statements were not material facts, lawyers must make reasonable efforts to expedite litigation consistent with the interests of the client. | [
"Yes, because overstating the strength of his case or downplaying his client’s willingness to compromise are misstatements of material fact.",
"Yes, because even if the statements were not material facts, lawyers must make reasonable efforts to expedite litigation consistent with the interests of the client.",
... | MPRE | 1 | 151 | A certain client hired an attorney to represent him in litigation because of the attorney’s reputation for being the meanest, most aggressive litigator in town. The client is the defendant and the attorney bills by the hour. The judge in the case orders the parties to participate in a “caucused mediation” to encourage ... | |
Yes, even with the consent of the attorney’s clients, this is an impermissible dilatory litigation tactic with no substantial purpose other than to delay or prolong the proceeding. | [
"Yes, the attorney is a passive owner of the real estate company and therefore has a nonconsentable conflict of interest.",
"Yes, even with the consent of the attorney’s clients, this is an impermissible dilatory litigation tactic with no substantial purpose other than to delay or prolong the proceeding.",
"No,... | MPRE | 1 | 152 | An attorney works for a firm that handles mortgage lenders in foreclosure actions; she handles foreclosure matters in mediation and at trial. Some close friends of the attorney form a real estate investment company, which buys properties in foreclosure, and sells the properties later at a profit. The friends include th... | |
No, given that the issue was not pending before any appellate courts at the time, it was improper for the attorney to request these extensions. | [
"Yes, a lawyer may request reasonable delays in the proceedings consistent with the interest of the client.",
"Yes, postponing a decision until other courts had an opportunity to consider the issue is a reasonable basis for delaying the proceedings.",
"No, given that the issue was not pending before any appella... | MPRE | 2 | 153 | An attorney represented a client in a case for violation of federal employment laws by the client’s former employer. The employer filed a motion for summary judgment because the attorney’s client had left the company prior to the effective date of the relevant statute. The attorney requested repeated extension for more... | |
No, the attorney’s failure to file the papers was not a legitimate litigation strategy to prevent or delay the deportation. | [
"Yes, an attorney may seek reasonable continuance of a proceeding in the client’s best interest.",
"Yes, the prohibitions on lawyers using dilatory tactics do not apply in administrative proceedings like deportation hearings.",
"No, the lawyer has no right to try to prolong the stay of a client whom the law dee... | MPRE | 3 | 154 | An attorney represented an immigrant who was facing deportation. At one point in the proceedings, the immigration judge ordered the attorney to file various documents and forms necessary to the case. The attorney simply ignored the judge’s order, knowing that the judge would not close the case and issue a deportation o... | |
Yes, filing petitions and appeals on behalf of someone no longer legally one’s client imposes unnecessary delays in court proceedings. | [
"Yes, filing petitions and appeals on behalf of someone no longer legally one’s client imposes unnecessary delays in court proceedings.",
"Yes, given the mother’s age and limitations, the litigiousness was pointless.",
"No, the attorney was not delaying the proceedings on behalf of an actual client, but merely ... | MPRE | 0 | 155 | An attorney had a dispute with her nonlawyer siblings about the guardianship of their elderly mother. One of the siblings filed a petition for the appointment as the mother’s legal guardian, which the court granted. The attorney then filed an appearance on behalf of her mother in the matter to contest the guardianship.... | |
Yes, the attorney did not make reasonable efforts to expedite the litigation consistent with the interests of the client. | [
"Yes, the fact that the court dismissed the client’s case means the attorney is automatically subject to discipline.",
"Yes, the attorney did not make reasonable efforts to expedite the litigation consistent with the interests of the client.",
"No, an attorney cannot be subject to discipline for a mere omission... | MPRE | 1 | 156 | An attorney agreed to represent a client who wanted to contest the will of her recently deceased aunt. The matter turned out to be much more complicated than the attorney imagined, however, and he already had an overwhelming number of cases for other clients. The attorney received interrogatories from the opposing part... | |
No, because a lawyer need not have personal knowledge of matters asserted in pleadings, for litigation documents ordinarily present assertions by the client, and not assertions by the lawyer. | [
"Yes, because the lawyer as an advocate is responsible for pleadings and other documents prepared for litigation, and therefore must have personal knowledge of matters asserted therein.",
"Yes, because a lawyer in an adversary proceeding has an ethical duty to vouch for the evidence submitted in a cause of action... | MPRE | 3 | 157 | A client hired an attorney to represent him in litigation, and he explained to the attorney his version of the incident that gave rise to the dispute with the other party. In response, the attorney took notes on the account that the client provided, and drafted pleadings that alleged the facts as alleged by the client.... | |
No, because the prohibition against offering false evidence only applies if the lawyer knows that the evidence is false, and a lawyer’s belief that evidence is false does not preclude its presentation to the trier of fact. | [
"Yes, a lawyer cannot suborn perjury, or even risk that the testimony he is eliciting via direct examination is perjury.",
"Yes, a lawyer must disclose to the court that he does not believe the client’s testimony and have the court give the client an opportunity to testify in a narrative mode.",
"No, because th... | MPRE | 2 | 158 | An attorney represents a client in a civil litigation matter. As they prepare for trial, at which the client will testify as a witness on his own behalf, the attorney realizes that the client is unlikely to tell the truth, even though the client insists he will be completely truthful. Even so, the attorney believes the... | |
Yes, because in a criminal case, a lawyer cannot refuse to offer the testimony of a client where the lawyer believes, but does not know, that the testimony will be false; unless the lawyer knows that the testimony will be false, the lawyer must honor the client’s decision to testify. | [
"Yes, because in a criminal case, a lawyer cannot refuse to offer the testimony of a client where the lawyer believes, but does not know, that the testimony will be false; unless the lawyer knows that the testimony will be false, the lawyer must honor the client’s decision to testify.",
"Yes, because a lawyer can... | MPRE | 0 | 159 | A client is a defendant in a criminal prosecution, and a certain attorney is his court-appointed defense lawyer. The client wants to testify at his own trial, despite the attorney’s recommendations that he not do so. As they are preparing for trial, the attorney asks the client what he plans to say on the stand. The cl... | |
Yes, because the attorney does not know with certainty that they are lying, he must allow the client to testify, and it is permissible to call the girlfriend as a witness as well. | [
"Yes, because the attorney does not know with certainty that they are lying, he must allow the client to testify, and it is permissible to call the girlfriend as a witness as well.",
"Yes, because a lawyer in a criminal case has no duty to screen witnesses based on whether they plan to tell the truth.",
"No, be... | MPRE | 0 | 160 | A certain attorney is a criminal defense lawyer, and he represents a client, who is facing charges for burglary of a private residence. The client has asserted an alibi – he claims that on the evening of the burglary, he was 100 miles away on a romantic getaway with his girlfriend. Naturally, the attorney interviews th... | |
No, the attorney must either disclose the contemplated perjury to the tribunal, or refuse to call the witness, or withdraw from the representation. | [
"Yes, because the attorney fulfilled his ethical duty by trying to dissuade his client and the friend from perjury, and the prosecutor has an opportunity to cross-examine the witness.",
"Yes, if the untruthful testimony is not material to the case and is unlikely to affect the outcome of the litigation.",
"No, ... | MPRE | 3 | 161 | An attorney represented a defendant in a criminal proceeding. While preparing for trial, the defendant told the attorney that the main witness for their side, the defendant’s friend who planned to corroborate his alibi, intended to lie on the witness stand. The attorney tried to dissuade the client and the witness from... | |
Yes, because a lawyer’s duty to take remedial measures after perjury occurs continue only to the conclusion of the proceeding. | [
"Yes, unless the judge specifically asks the attorney if his client committed perjury after the attorney learns about it.",
"No, because when a lawyer represents a client in an adjudicative proceeding and knows that a person has engaged in fraudulent conduct related to the proceeding shall take reasonable remedia... | MPRE | 2 | 162 | An experienced attorney represented a new client in civil litigation. The client lied extensively on the witness stand during the trial, but the attorney was not aware of the untruthfulness of the statements at the time. The verdict was favorable to the client and there was no appeal. A year later, the client boasted t... | |
No, the case is not controlling authority in that jurisdiction. | [
"Yes, a lawyer must disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.",
"Yes, because it is very common for litigators to recycle their briefs for years at a time, and everyone sh... | MPRE | 3 | 163 | A litigation attorney represented a client in a lawsuit. The case was still at the pre-trial phase, and the parties had filed cross-motions for summary judgement. While researching the case law to write a responsive brief, the attorney discovered, to her dismay, a new decision from highest court in a sister jurisdictio... | |
Yes, the Model Rules require a lawyer to take remedial measures when a client offers false statements even during a deposition. | [
"Yes, the Model Rules require a lawyer to take remedial measures when a client offers false statements even during a deposition.",
"Yes, unless it appears that opposing counsel already knows that the statements are false and is planning to impeach the witness.",
"No, if the client was testifying in a deposition... | MPRE | 0 | 164 | An experienced attorney represented a client in commercial litigation. During a deposition, the client gave answers that the attorney knew to be false, regarding a matter of great relevance to the case. The attorney sat silently and permitted the client to give these answers in the deposition. At the subsequent trial, ... | |
No, because a lawyer must correct a false statement of material fact or law previously made to the tribunal by the lawyer. | [
"Yes, because the attorney was not aware at the time that the statements were false, and therefore did not knowingly mislead the tribunal.",
"Yes, because the lawyer has a duty of confidentiality that continues even after a client discharges the lawyer.",
"No, because a lawyer must correct a false statement of ... | MPRE | 2 | 165 | An attorney represented a client in civil litigation. Early in the trial, the attorney had to testify briefly about an uncontested point. The testimony was necessary to establish a minor antecedent point for more critical issues in the case. The attorney made statements that she believed to be true at the time. The nex... | |
Yes, because this is a circumstance where failure to make a disclosure is the equivalent of an affirmative misrepresentation. | [
"Yes, because this is a circumstance where failure to make a disclosure is the equivalent of an affirmative misrepresentation.",
"Yes, because a lawyer always has a duty to inform the court if a client is engaged in illegal or fraudulent conduct, even if it is unrelated to the attorney’s representation.",
"No, ... | MPRE | 0 | 166 | Early in the pre-trial phase of a civil lawsuit involving multiple cross-claims, the court enjoined the parties from transferring any assets out of the jurisdiction. The next day, an attorney heard that his client had transferred millions of dollars to a confidential Swiss bank account. The attorney did not make any af... | |
No, the duty of candor in Model Rule 3.3 is inapplicable to mediation; nevertheless, other rules such as Rule 4.1 may apply to the lawyer’s untruthfulness here. | [
"Yes, a lawyer shall not knowingly make a false statement of fact to a tribunal or fail to correct a false statement of material fact.",
"Yes, in mediation, a lawyer shall not knowingly offer evidence that the lawyer knows to be false.",
"No, the duty of candor in Model Rule 3.3 is inapplicable to mediation; ne... | MPRE | 2 | 167 | A litigation attorney normally represented clients at trial or in binding arbitration, but in some instances, she will represent a client in a mediation. In one mediation, the attorney knowingly made untrue statements of fact to the other party and opposing counsel. Has the attorney violated her ethical duty of candor ... | |
No, because lawyers may not pay a witness to attend and testify at a hearing or trial. | [
"Yes, because lawyers may pay witnesses for their attendance and expenses incurred for attending and testifying at a hearing or trial.",
"Yes, because contingency fees are the only kinds of fees not permissible for lawyers to pay witnesses for their attendance and testimony at a hearing or trial; lump sum payment... | MPRE | 2 | 168 | A client is on trial for a theft case. A certain witness was with the client at the time police state that the client committed the crime at a location far from the crime scene. The client chooses to take the case to trial. For the witness’s attendance at trial, the attorney pays the witness a lump sum amount. Are the ... | |
Yes, because the attorney concealed or obstructed the police’s access to potential evidence by discarding the gun, and he counseled the client to destroy the evidence on his clothes. | [
"Yes, because he had a duty to inquire about what had happened and to call the police or emergency services if someone had been hurt.",
"Yes, because the attorney concealed or obstructed the police’s access to potential evidence by discarding the gun, and he counseled the client to destroy the evidence on his clo... | MPRE | 1 | 169 | An attorney responded to a distressed call from a client asking that he meet him immediately on the street behind the attorney’s office. Immediately, the attorney rushes downstairs to meet the client outside his building. The client is very distraught and has blood splattered on his clothes, hands, and face, and is hol... | |
No, because a lawyer may disobey an order from a tribunal when the lawyer has made an open refusal based on an assertion that no valid obligation exists. | [
"Yes, because a lawyer must not knowingly disobey an obligation under the rules of a tribunal.",
"Yes, because the proper response would be to produce the records and then object to their admissibility at trial.",
"No, because a lawyer may disobey an order from a tribunal when the lawyer has made an open refusa... | MPRE | 2 | 170 | During trial, the plaintiffs complained that the attorney’s client had not fully complied with certain production requests during discovery. The judge ordered the attorney to produce the specific records. Yet the attorney believed that his client had no legal obligation to produce the records in question, because they ... | |
Yes, because a lawyer may take measures to eliminate metadata from documents that could later fall into the hands of an opposing party. | [
"Yes, because the printed copies of the documents would not have had such information.",
"Yes, because a lawyer may take measures to eliminate metadata from documents that could later fall into the hands of an opposing party.",
"No, because the main reason for scrubbing metadata is to conceal information that m... | MPRE | 1 | 171 | During the discovery phase of business litigation, Conglomerate Corporation receives a discovery request asking for “all documents, memoranda, emails, or other internal correspondence related to the transaction that is the subject of this dispute.” A certain attorney represents Conglomerate Corporation. Thousands of do... | |
No, because the main reason for scrubbing metadata is to conceal information that might be useful to an opposing party or tribunal in the present litigation. | [
"Yes, because the printed copies of the documents would not have had such information.",
"Yes, because a lawyer may take measures to eliminate metadata from documents that could later fall into the hands of an opposing party.",
"No, because the main reason for scrubbing metadata is to conceal information that m... | MPRE | 2 | 172 | During the discovery phase of business litigation, Conglomerate Corporation receives a discovery request asking for “all documents, memoranda, emails, or other internal correspondence related to the transaction that is the subject of this dispute.” An attorney represents Conglomerate Corporation. Thousands of documents... | |
Yes, it is impermissible for a lawyer to pay an eyewitness to attend and testify at a hearing or trial. | [
"Yes, because an attorney cannot pay for witnesses’ attendance at a trial or hearing; rather, the client must pay the witness directly.",
"Yes, it is impermissible for a lawyer to pay an eyewitness to attend and testify at a hearing or trial.",
"No, so long as the sum offered is a percentage share of the expect... | MPRE | 1 | 173 | An attorney represented a client in a lawsuit over a traffic accident. The client told the attorney about a certain eyewitness who had been present at the scene and who had said at the time that the client was not at fault. The attorney tracked down this witness, but soon discovered that the eyewitness did not want any... | |
No, it is proper to compensate an expert witness on terms permitted by law, so long as it is not a contingent fee. | [
"Yes, a lawyer may not offer an inducement to a witness, especially an expert witness, who is supposed to provide a purely objective assessment.",
"Yes, a lawyer may not hire an expert witness unless he pays the witness a contingent fee that depends on the outcome of the case.",
"No, it is proper to compensate ... | MPRE | 2 | 174 | An attorney represented a client in commercial litigation. One component of the case necessitated expert testimony about the economic losses suffered, interest calculations, and potential mitigation costs. The attorney hired the most famous expert witness that he could find on such matters, one who would easily be able... | |
No, the Model Rules do not forbid a lawyer from asking a family member to refrain from giving information to the other party. | [
"Yes, because a lawyer may not request a person other than a client to refrain from voluntarily giving relevant information to another party.",
"Yes, if the brother already has an adverse attitude or position toward the client, the attorney may not approach him and request that he not testify.",
"No, because a ... | MPRE | 3 | 175 | An attorney represented a defendant facing criminal charges. The client was concerned that his estranged brother would testify against him at trial to impeach the defendant’s own credibility if the defendant chose to testify. The rift between them had begun in high school, with a fight over a girlfriend, and had escala... | |
Yes, the Model Rules do not permit lawyers to offer witnesses money to refrain from testifying or providing information about the matter, with exceptions that do not apply here. | [
"Yes, the Model Rules do not permit lawyers to offer witnesses money to refrain from testifying or providing information about the matter, with exceptions that do not apply here.",
"Yes, the lawyer should not have approached the former partner privately without opposing counsel present.",
"No, a lawyer may ask ... | MPRE | 0 | 176 | A certain client hired an attorney to represent him in civil litigation. The client’s own testimony at trial would be crucial to the case, and the client was concerned that his embittered former business partner would testify against him as a negative character witness to impeach his credibility. The two had been quite... | |
Yes, it was not reasonable for the general counsel to believe that refraining from giving such information would not impinge on the employees’ interests. | [
"Yes, as part of the duty of zealous advocacy for the client, an attorney should to encourage every potential witness to talk openly and honestly with the lawyers on both sides of the case.",
"Yes, it was not reasonable for the general counsel to believe that refraining from giving such information would not impi... | MPRE | 1 | 177 | Conglomerate Corporation became the subject of an enforcement action by the Department of Labor for violating certain wage-and-hour laws protecting workers’ rights. Conglomerate’s general counsel interviewed many of the company’s employees, in groups of eight or ten at a time, and explained that there was litigation pe... | |
Yes, the lawyer was attempting to communicate with the judges and potential jurors through public commentary. | [
"Yes, the lawyer was attempting to communicate with the judges and potential jurors through public commentary.",
"Yes, if the lawyer’s client received an unfavorable preliminary ruling, the lawyer should have known she was advocating for the wrong side in this case.",
"No, the attorney was conducting zealous ad... | MPRE | 0 | 178 | A family law attorney represented a client in a child custody dispute. The divorced parents lived in neighboring states, and the dispute involved allegations of child abuse by the client’s ex-husband, the opposing party in the case. The case was complex and involved related petitions in two separate courts. The client ... | |
Yes, regardless of the attorney’s intentions, the conversation violated the prohibition on ex parte communication with jurors. | [
"Yes, but only if the attorney intended to influence their decisions in the case.",
"Yes, regardless of the attorney’s intentions, the conversation violated the prohibition on ex parte communication with jurors.",
"No, the attorney did not plan the incident, it was just a coincidental meeting, and they did not ... | MPRE | 1 | 179 | During a lunchtime recess of a case, the attorney representing the plaintiffs walked with his expert witness to a nearby delicatessen, which full. By coincidence, the server seated the attorney and his expert at the adjoining table to two of the jurors in the case. The attorney recognized the two women from the jury an... | |
Yes, because a lawyer shall not seek to influence a judge, juror, or even a prospective juror. | [
"Yes, because the attorney should have explained both sides of the case as fairly as possible to the prospective jurors.",
"Yes, because a lawyer shall not seek to influence a judge, juror, or even a prospective juror.",
"No, because he spoke to prospective jurors, and they did not end up serving on the case.",... | MPRE | 1 | 180 | Police arrested several protestors who were advocating a cause that an attorney strongly supported. One of the protestors had a violent altercation with police, and she was facing criminal charges. This attorney practices corporate transactional law and not litigation. The news media reported that jury selection would ... | |
Yes, because a lawyer may stand firm against abuse by a judge but should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate. | [
"Yes, because he escalated the fiery exchange by making an obscene gesture.",
"Yes, because a lawyer may stand firm against abuse by a judge but should avoid reciprocation; the judge's default is no justification for similar dereliction by an advocate.",
"No, because the opposing counsel who reported the matter... | MPRE | 1 | 181 | A judge lost his temper with an attorney and spoke very abusively to him in open court, in front of a jury, using profanity and calling the attorney “an embarrassment to the profession and a menace to his own clients.” Defensively, the attorney shot back that the judge was completely out of line, that the judge should ... | |
No, because he communicated with a juror about a pending case. | [
"Yes, because he has no involvement with the case, and the juror is his relative.",
"Yes, because the Supreme Court has held that any restrictions in this area violate the First Amendment.",
"No, because he communicated with a juror about a pending case.",
"No, because there is a chance his cousin could repea... | MPRE | 2 | 182 | An attorney received a call from his cousin, who lives in another city, one evening after work. The cousin was serving on a jury in a misdemeanor criminal case, and deliberations were set to begin the following morning. The cousin explained that part of the jury instructions focused on whether the defendant committed t... | |
No, a lawyer may not send an access request to a juror to review of the juror's electronic social media. | [
"Yes, a lawyer may review a juror's Internet presence, which may include postings by the juror or potential juror in advance of and during a trial.",
"Yes, if the lawyer believes reviewing the juror’s social media activity is necessary to reveal juror bias or prejudice.",
"No, a lawyer may not send an access re... | MPRE | 2 | 183 | A certain client hired an attorney to represent her at trial. After voir dire, the attorney wanted to learn as much as possible about each of the jurors, such as their views on political and social issues that might be relevant to issues in the case, so the attorney found each juror’s social media accounts and reviewed... | |
No, a lawyer may not send an access request to a juror to review of the juror's electronic social media, even vicariously through an intern. | [
"Yes, if the lawyer believes reviewing the juror’s social media activity is necessary to reveal juror bias or prejudice.",
"Yes, a lawyer may review a juror's Internet presence, which may include postings by the juror or potential juror in advance of and during a trial.",
"No, a lawyer may not invade the juror’... | MPRE | 3 | 184 | A certain client hired an attorney to represent her at trial. After voir dire, the attorney wanted to learn as much as possible about each of the jurors, such as their views on political and social issues that might be relevant to issues in the case, so the attorney found each juror’s social media accounts and reviewed... | |
It is permissible for a lawyer to review a juror's Internet presence, which may include postings by the juror or potential juror in advance of and during a trial. | [
"It is permissible for a lawyer to review a juror's Internet presence, which may include\fpostings by the juror or potential juror in advance of and during a trial.",
"It is permissible for the lawyer to review a juror’s social media activity only if the lawyer shares the information with opposing counsel.",
"I... | MPRE | 0 | 185 | A certain client hired an attorney to represent her at trial. After voir dire, the attorney wanted to learn as much as possible about each of the jurors, such as their views on political and social issues that might be relevant to issues in the case, so the attorney found each juror’s social media accounts and reviewed... | |
Yes, the attorney had an impermissible ex parte communication with the judge presiding over the attorney’s case. | [
"Yes, the attorney had an impermissible ex parte communication with the judge presiding over the attorney’s case.",
"Yes, the attorney and the judge kept a secret from the opposing counsel.",
"No, the judge initiated the contact and asked the question, so the attorney did not violate the Model Rules, though the... | MPRE | 0 | 186 | A litigation attorney represented Conglomerate Corporation as the defendant in a personal injury lawsuit. Proceedings were underway, and the discovery phase was nearing conclusion. Cross motions for summary judgment were pending. One day, the attorney received a phone call from the judge presiding over the matter, aski... | |
The fact that a juror or a potential juror may become aware that the lawyer is reviewing his Internet presence when a social media network setting notifies the juror of such review does not constitute a communication from the lawyer in violation of Rule 3.5(b). | [
"A lawyer may review a juror’s social media profile only if the social media network setting notifies the juror of such review, but otherwise the review is a violation of Rule 3.5(b).",
"The fact that a juror or a potential juror may become aware that the lawyer is reviewing his Internet presence when a social me... | MPRE | 1 | 187 | A certain client hired an attorney to represent her at trial. After voir dire, the attorney wanted to learn as much as possible about each of the jurors, such as their views on political and social issues that might be relevant to issues in the case, so the attorney found each juror’s social media accounts and reviewed... | |
No, even though a colleague of the prosecutor was handling the trial in which the cousin was a juror, the prosecutor’s conversation violated the ethical prohibitions on ex parte communication with jurors. | [
"Yes, the prosecutor and the juror are relatives, so naturally it is permissible for them to have conversations.",
"Yes, the prosecutor is not the advocate in the proceeding in which the cousin is a juror, so the conversations would not constitute ex parte communication.",
"No, prosecutors are subject to strict... | MPRE | 3 | 188 | A prosecutor learned that his cousin was serving jury duty in a criminal trial in the prosecutor’s own district, although another lawyer from the prosecutor’s office was handling that trial. Nevertheless, before and during the trial, the prosecutor repeatedly communicated with his cousin about the trial, even though th... | |
No, because there is a presumption of prejudicial effect on the proceedings when a lawyer comments publicly about the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test. | [
"No, because there is a presumption of prejudicial effect on the proceedings when a lawyer comments publicly about the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test.",
"Yes, because the other lawyer is present and did not object to the ... | MPRE | 0 | 189 | An attorney is representing the defendant in a highly publicized civil trial between two celebrities. On his way into the courthouse on the day of jury selection, reporters gather around the attorney hoping for comments. The attorney explains that his client has agreed to take a polygraph test proving that he is tellin... | |
No, because there is a presumption of prejudicial effect on the proceedings when a lawyer comments publicly about the possibility of a guilty plea, or a party’s refusal to confess to a crime | [
"Yes, because the rules about trial publicity explicitly allow the attorney to explain the offense or defense involved, and the prosecutor has not objected.",
"Yes, because the attorney’s statements clearly fall under the protection of his First Amendment rights, and he has his client’s consent.",
"No, because ... | MPRE | 3 | 190 | A certain attorney is representing the defendant in a highly publicized criminal trial. On his way into the courthouse on the day of jury selection, reporters gather around the attorney hoping for comments. The attorney explains that his client is still considering whether to enter a guilty plea to lesser charges, as t... | |
No, because the official Comment to the Model Rules says that expressing an opinion about a party’s guilt or innocence, or about the criminal record of a party or witness, is more likely than not to have a material prejudicial effect on a proceeding. | [
"Yes, because the rules about trial publicity explicitly allow the attorney to explain the offense or defense involved, and the prosecutor has not objected.",
"Yes, because the attorney’s statements clearly fall under the protection of his First Amendment rights, and he has his client’s consent.",
"No, because ... | MPRE | 3 | 191 | A certain attorney is representing the defendant in a highly publicized trial. On his way into the courthouse on the day of jury selection, reporters gather around the attorney hoping for comments. The attorney explains that his client has a perfectly clean criminal record, while the state’s star witness is already ser... | |
Yes, because a lawyer should not make extrajudicial comments about the criminal record of a party during a criminal matter. | [
"Yes, because lawyers involved in a criminal proceeding may not make any statements to the media about the case or the parties involved.",
"Yes, because a lawyer should not make extrajudicial comments about the criminal record of a party during a criminal matter.",
"No, because a lawyer may state the claim, off... | MPRE | 1 | 192 | An attorney defended a client in a criminal proceeding that attracted low-level media attention on the local evening news and a few local-interest blogs. A semi-retired reporter for the local evening news called the attorney at his office and asked for a quote about the client’s case. Then the attorney stated that the ... | |
No, because in a criminal matter, there is a presumption of prejudice when a lawyer makes extrajudicial statements about the expected testimony of a party or witness. | [
"Yes, because a local-interest blogger is not an official public communication and does not constitute dissemination by means of public communication.",
"Yes, because a lawyer may state the expected testimony of a party or witness in a criminal matter.",
"No, because in a criminal matter, there is a presumption... | MPRE | 2 | 193 | An attorney defended a client in a criminal proceeding that attracted low-level media attention on the local evening news and a few local-interest blogs. One of these bloggers called the attorney at his office and asked for a quote about the client’s case. The attorney stated that a member of the local clergy, as well ... | |
Yes, because a lawyer in a criminal case may state the fact, time, and place of arrest. | [
"Yes, because a lawyer in a criminal case may state the fact, time, and place of arrest.",
"Yes, because a prosecutor represents the people, and the public disclosures are necessary communications between a lawyer and his clients, the taxpayers.",
"No, because the defendant is on trial for murder, so special et... | MPRE | 0 | 194 | At a press conference about the prosecution of an accused serial killer, the prosecutor stated that the police arrested the defendant at the scene of one of the crimes soon after the crime occurred, at 11 pm on Saturday. Was it proper for the prosecutor to disclose such information about the case to reporters? | |
No, because in a criminal case, there is a presumption of prejudice when a prosecutor states publicly that a defendant is the subject of criminal charges, unless he includes a statement explaining that the charge is merely an accusation and that the defendant still has a presumption of innocence. | [
"Yes, because the prosecutor took no further questions and merely stated the nature of the case.",
"Yes, because in a criminal case, a prosecutor may state publicly that the government has charged a certain defendant with a crime if the statement includes a reminder that the charge is merely an accusation and tha... | MPRE | 3 | 195 | At a press conference about the prosecution of a notoriously vice-prone celebrity, the prosecutor stated that the District Attorney’s office had filed charges against the celebrity for shoplifting and drug possession. The prosecutor then said he had no further comments and took no further questions. Was it proper for t... | |
No, because a lawyer in a criminal case may state the identity, residence, occupation, and family status of the accused. | [
"Yes, because the defendant is on trial for murder, so special ethical duties automatically apply to the prosecutor’s public statements.",
"Yes, because a lawyer in a criminal case may not disclose the residence, occupation, or family status of the accused.",
"No, because a lawyer in a criminal case may state t... | MPRE | 2 | 196 | After a terrorist attack that claimed many lives, authorities identified and arrested someone they believed to be the perpetrator of the attack. After the arrest, the prosecutor held a press conference, stating that the suspect was single and lived with his mother in a specific apartment complex in the city, and that t... | |
No, because a lawyer should not publicly express any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration. | [
"Yes, because a lawyer may make a statement that a reasonable lawyer would believe is necessary to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client.",
"Yes, because it was unlikely to have a materially prejudicial effect on an ad... | MPRE | 3 | 197 | A flamboyant billionaire who founded a tech company faced charges of violating securities laws and regulations, and he became the target of an enforcement action by the Securities and Exchange Commission. Reports of the alleged crime generated significant media coverage and commentary, and the arrest and prosecution le... | |
No, the attorney is a material witness for the seller in the upcoming trial. | [
"Yes, if the attorney is not a co-defendant and has no conflict of interest, he may represent his transactional client at the trial.",
"Yes, the attorney’s interests and the seller’s interests align sufficiently in the matter to provide representation at trial.",
"No, the attorney is a material witness for the ... | MPRE | 2 | 198 | An attorney represented the seller in a commercial real estate transaction. During the negotiations over the sale, the only parties present were the attorney, the client (seller), the buyer, and the buyer’s lawyer. After the consummation of the purchase, the buyer sought to rescind the sale, alleging that the seller an... | |
No, a lawyer serving in a capacity other than that of a courtroom advocate may serve as a witness for the lawyer's client. | [
"Yes, a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.",
"Yes, the testimony relates to a contested issue",
"No, if all the parties provide informed consent, confirmed in writing.",
"No, a lawyer serving in a capacity other than that of a courtroom advocat... | MPRE | 3 | 199 | An attorney represented a client in transactional matters, and another lawyer in the same firm represented the client in pending litigation. The attorney did not appear on a list of counsel for the litigation matter and was not planning to sit at counsel table or otherwise physically appear in support of advocacy. On t... | |
Yes, a lawyer who testifies before a judicial officer concerning only a preliminary motion may still serve serving as advocate at a subsequent trial before a jury. | [
"Yes, a lawyer who testifies before a judicial officer concerning only a preliminary motion may still serve serving as advocate at a subsequent trial before a jury.",
"Yes, the advocate-witness rule does not apply to proceedings in which a magistrate presides.",
"No, a lawyer shall not act as advocate at a tria... | MPRE | 0 | 200 | An attorney represented a client in pending litigation that had just begun. A magistrate judge held a preliminary hearing in the matter to settle whether the matter should remain under seal for the time being; a regular trial judge would later conduct the jury trial on the merits. The attorney’s testimony was necessary... |
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