MPRE cheat sheet

A lawyer admitted in another U.S. jurisdiction may provide legal services on a temporary basis in a jurisdiction where not admitted if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction where admitted, or are associated with a lawyer admitted in the host jurisdiction.

A lawyer may not establish an office in a jurisdiction where not admitted or hold out to the public as admitted there; doing so constitutes unauthorized practice.

Discipline may include disbarment, suspension, reprimand, probation, restitution, and required CLE; it is separate from civil liability and criminal prosecution.

Reciprocal discipline: a state may impose the same discipline imposed elsewhere unless the lawyer shows a due-process violation or other ground; it may impose different discipline if warranted.

An admission applicant must disclose requested information and may not make false statements of material fact or omit facts necessary to correct a misleading statement.

A lawyer may not form a partnership with a nonlawyer if any partnership activity consists of practicing law, and may not share legal fees with a nonlawyer except for permitted arrangements such as death payments, referral services, and profit-sharing with employees.

A lawyer must not assist a nonlawyer in activities constituting unauthorized practice of law.

A lawyer may be disciplined for conduct outside the practice of law if it involves dishonesty, fraud, deceit, misrepresentation, or conduct prejudicial to the administration of justice.

A client-lawyer relationship arises when a person manifests intent for a lawyer to provide legal services and the lawyer knows or reasonably should know of that intent; no formal retainer or fee is required.

A fee agreement must be communicated before or within a reasonable time after commencing representation; a contingent fee must be in a writing signed by the client.

A contingent fee is prohibited in criminal matters and in domestic-relations matters when the fee is contingent on securing a divorce, alimony amount, or property settlement.

Fee reasonableness considers time and labor, novelty and difficulty, skill required, customary fee, amount at stake, results obtained, time limits, experience, and whether the fee is fixed or contingent.

A client may discharge a lawyer at any time, subject to payment for services already rendered; the lawyer must withdraw if continued representation violates a rule or the lawyer is physically or mentally unable to continue.

A lawyer may withdraw only if it can be accomplished without material adverse effect on the client's interests, or for good cause such as client crime or fraud, failure to pay, or unreasonable burden.

Client funds must be held in a trust account separate from the lawyer's funds; commingling is prohibited, and the lawyer must keep records and promptly notify and deliver client funds.

A lawyer may limit the scope of representation if the client gives informed consent, but may not limit the lawyer's duty of competence or the client's rights to the extent the limitation is unreasonable.

Rule 1.6 prohibits revealing information relating to the representation without informed consent, except when impliedly authorized or an exception applies.

Permitted disclosures include preventing reasonably certain death or substantial bodily harm, preventing a client crime or fraud reasonably certain to cause substantial financial injury, and mitigating such injury.

Other exceptions include defending against a legal claim or disciplinary charge, complying with law or court order, seeking advice about compliance, and resolving conflicts in certain limited circumstances.

Confidentiality is broader than attorney-client privilege: it covers all information relating to the representation, while privilege protects confidential communications made for legal advice.

Privilege does not protect communications made to enable or further a crime or fraud, or information the client already knows or discloses to third parties.

A disclosure permitted by an exception must be no broader than reasonably necessary to accomplish the purpose.

The duty of confidentiality continues after the representation ends and applies to former clients.

A lawyer may not use confidential information to the disadvantage of the client or for the lawyer's own benefit without informed consent.

For a concurrent conflict, the lawyer must reasonably believe competent and diligent representation is possible, the representation is not prohibited by law, the representation does not involve asserting a claim by one client against another in the same litigation, and each affected client gives informed consent confirmed in writing.

Directly adverse representation of two clients in the same matter requires informed consent confirmed in writing even if the matters are unrelated.

Former client: no representation materially adverse in the same or a substantially related matter without informed consent, and no use of confidential information.

Prospective client: if information was received, the lawyer may not represent a materially adverse party in the same or a substantially related matter; the firm may avoid imputation by timely screening and nondisclosure.

A business transaction with a client requires terms that are fair and reasonable, full disclosure in writing, written advice to seek independent counsel, and informed consent confirmed in writing.

A lawyer may not prepare an instrument giving the lawyer or a person related to the lawyer a substantial gift, except for a lawyer related to the client as parent, child, sibling, or spouse.

A lawyer may not acquire a proprietary interest in the cause of action or subject of litigation, except a lien to secure fees and expenses and a reasonable contingent fee.

A lawyer may accept payment from a third party if the client gives informed consent, the payer does not interfere with professional judgment, and client information remains protected.

A lawyer may not have a sexual relationship with a current client unless a consensual relationship existed before the representation began.

Competence requires legal knowledge, skill, thoroughness, and preparation reasonably necessary, including inquiry into the relevant facts and law.

Diligence requires reasonable promptness and commitment to the matter.

Malpractice elements are duty, breach of the standard of care, causation, and actual damages.

Expert testimony on the standard of care is generally required except when the lawyer's conduct is so obviously negligent that a layperson can evaluate it.

A lawyer generally owes no duty to nonclients, but liability may arise for intended beneficiaries of estate planning, fraud, or negligent misrepresentation.

A violation of an ethics rule does not by itself create civil liability, but it may be evidence of the standard of care.

Supervisory lawyers must make reasonable efforts to ensure subordinate conduct conforms to the rules; a subordinate who acts at a supervisor's reasonable direction is not disciplined.

A lawyer must keep the client reasonably informed and promptly communicate settlement offers and significant developments.

A lawyer may not assert or defend a claim without a basis in law and fact that is not frivolous.

A lawyer must disclose controlling legal authority known to the lawyer that is directly adverse and not disclosed by opposing counsel.

Candor requires correcting false statements of material fact or law previously made to the tribunal and taking reasonable remedial measures for client fraud.

A lawyer may not communicate ex parte with a judge or juror about a pending matter except as authorized by law or court order.

A lawyer may not communicate about the subject of a representation with a represented person without the consent of that person's lawyer, unless law authorizes the communication.

A lawyer may not communicate with a juror after trial to harass or influence; permitted communications must comply with court orders and law.

Trial publicity that creates a substantial likelihood of materially prejudicing an adjudicative proceeding is prohibited; statements about evidence, credibility, and guilt may constitute prejudice.

A lawyer may not act as advocate at trial when the lawyer is likely to be a necessary witness, except when testimony is uncontested, about legal services, or hardship would result.

A prosecutor must disclose exculpatory evidence and may not prosecute without probable cause.

A lawyer may not communicate about the subject of a representation with a represented person without consent of that person's lawyer, unless law or a court order authorizes.

When dealing with an unrepresented person, a lawyer may not state or imply disinterest and must correct misunderstandings about the lawyer's role.

A lawyer may pay a witness reasonable expenses but may not pay contingent compensation for testimony.

A lawyer may not engage in dishonesty, fraud, deceit, or misrepresentation in dealings with third persons.

In-person or real-time electronic solicitation is prohibited when the lawyer's motive is pecuniary gain, unless the target is a lawyer or has a prior professional relationship with the lawyer.

Written or recorded advertising must be labeled as advertising material if it is targeted solicitation and must not be false or misleading.

A lawyer may not give anything of value to a person for recommending the lawyer's services, except permitted referral-service fees, nominal gifts, and certain employee arrangements.

A law firm name may not be false or misleading, and a firm may not imply that it is a partnership with a nonlawyer.

Model Rule 6.1 sets an aspirational target of at least 50 hours of pro bono legal services per year, primarily for persons of limited means.

A lawyer must report another lawyer's violation that raises a substantial question about honesty, trustworthiness, or fitness, unless the information is learned in an approved lawyer assistance program.

A lawyer may not engage in conduct involving dishonesty, fraud, deceit, misrepresentation, or conduct prejudicial to the administration of justice.

A lawyer may not engage in conduct related to the practice of law that constitutes discrimination or harassment based on protected characteristics.

A lawyer may not use means having no substantial purpose other than to embarrass, delay, or burden a third person.

A lawyer may not commit a criminal act that reflects adversely on honesty, trustworthiness, or fitness as a lawyer.

The legal profession is largely self-regulating, and lawyers have duties to improve the legal system and ensure access to justice.

A judge must uphold the integrity and independence of the judiciary and avoid impropriety and the appearance of impropriety.

A judge must perform judicial duties impartially, competently, promptly, and without bias or prejudice.

A judge must disqualify when impartiality might reasonably be questioned, including personal bias, knowledge of disputed facts, financial interest, or family involvement.

A judge may not accept gifts, loans, favors, or things of value that would appear to influence the judge, subject to narrow exceptions.

A judge may engage in extrajudicial activities that do not conflict with judicial duties, but may not practice law or serve as a fiduciary for a business.

A judge may not hold office in a political organization or publicly endorse or oppose candidates for public office, subject to limited exceptions.

A judge may not make public comments about pending or impending proceedings that might affect the outcome or impair impartiality.

Judicial campaign conduct must be consistent with judicial independence and impartiality, and candidates may not solicit or accept certain contributions.

Rule 8.4 defines misconduct to include violating the rules, committing a criminal act reflecting adversely on fitness, dishonesty or fraud, and conduct prejudicial to the administration of justice.

A lawyer may not assist a judge or public officer in conduct the lawyer knows violates the judge's or officer's rules.

A lawyer may not state or imply an ability to influence improperly a government agency or official or to achieve results by improper means.

A lawyer who knows of another lawyer's misconduct raising a substantial question about honesty, trustworthiness, or fitness must report it, with exceptions for approved assistance programs.

Partners and managers must make reasonable efforts to ensure the firm has measures giving reasonable assurance of conformity with the rules.

A law practice may be sold only with a written agreement, notice to clients, and compliance with fee and conflict rules; the buyer must be authorized to practice law.

A lawyer may not practice law in a firm with a nonlawyer if the firm's activities include practicing law, and may not assist unauthorized practice.