MPRE flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Reciprocal discipline

A state may impose discipline on a lawyer already disciplined elsewhere, usually the same sanction, unless the lawyer shows a due-process violation or other reason for different treatment.

Unauthorized practice of law

A lawyer may not practice in a jurisdiction where not admitted, establish an office there, or assist a nonlawyer in activities that constitute the practice of law.

Bar admission candor

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

Client-lawyer relationship

It arises when a person manifests an intent for a lawyer to provide legal services and the lawyer knows or reasonably should know of that intent; a formal retainer or fee is not required.

Contingent fee writing

A contingent-fee agreement must be in writing and signed by the client, state the percentage or method of calculation, and explain expenses and whether they are deducted before or after the fee.

Contingent fee prohibition

A lawyer may not charge a contingent fee in a criminal matter or in a domestic-relations matter if the fee is contingent on securing a divorce, the amount of alimony, or a property settlement.

Trust account commingling

Client funds must be held in a separate trust account, kept separate from the lawyer's own funds, with records preserving client funds and prompt notice and delivery to the client.

Confidentiality Rule 1.6

A lawyer may not reveal information relating to the representation of a client without informed consent, except as impliedly authorized or as a specific exception permits.

Privilege versus confidentiality

Evidentiary privilege protects confidential client-lawyer communications made for legal advice; ethical confidentiality is broader and covers all information relating to the representation, whether or not privileged.

Crime-fraud exception

Privilege does not protect client-lawyer communications made to enable or further a crime or fraud, and a lawyer may reveal information to prevent or mitigate certain client financial crimes.

Former client confidentiality

The duty not to reveal information relating to a representation continues after the client-lawyer relationship ends and applies to information learned during the former representation.

Current client conflict

A lawyer may represent a client despite a conflict only if the lawyer reasonably believes competent and diligent representation is possible, the law does not prohibit it, and each affected client gives informed consent in writing.

Directly adverse clients

A lawyer ordinarily may not represent two clients in the same matter whose interests are directly adverse, even if the matters are unrelated, without informed consent confirmed in writing from each client.

Former client substantially related

A lawyer may not represent a person materially adverse to a former client in the same or a substantially related matter without informed consent, and may not use the former client's confidential information.

Prospective client screening

A lawyer who learns information from a prospective client may be screened to avoid disqualifying the firm if the lawyer took reasonable measures to avoid exposure and discloses no confidential information.

Competence

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

Legal malpractice elements

A malpractice plaintiff must prove the lawyer owed a duty, breached the standard of care, the breach caused harm, and actual damages resulted; expert testimony is often required.

Third-party liability

A lawyer generally owes no malpractice duty to a nonclient, but may be liable when the nonclient is an intended beneficiary or the lawyer commits fraud or negligent misrepresentation.

Frivolous claim

A lawyer may not bring or defend a proceeding without a basis in law and fact that is not frivolous, and must disclose controlling adverse authority not disclosed by opposing counsel.

Candor to tribunal

A lawyer may not make a false statement of fact or law to a tribunal, offer false evidence, or fail to correct a false statement of material fact or law previously made.

Ex parte communication

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

Represented person contact

A lawyer may not communicate about the subject of a representation with a person the lawyer knows is represented by another lawyer, unless that lawyer consents or law authorizes the communication.

Unrepresented person

When dealing with an unrepresented person, a lawyer may not state or imply that the lawyer is disinterested and must correct any misunderstanding about the lawyer's role in the matter.

Witness compensation

A lawyer may pay a witness reasonable expenses but may not pay compensation contingent on the content of testimony or on the outcome of the case.

Duty to report misconduct

A lawyer who knows another lawyer violated a rule raising a substantial question about honesty, trustworthiness, or fitness must report it, except for information learned in an approved lawyer assistance program.

Pro bono service

Model Rule 6.1 states that every lawyer should aspire to provide at least fifty hours of pro bono legal services per year, primarily to persons of limited means or organizations serving them.

Discriminatory conduct

Model Rule 8.4(g) prohibits a lawyer from engaging in conduct related to the practice of law that constitutes discrimination or harassment based on protected characteristics.

Judicial disqualification

A judge must disqualify when the judge's impartiality might reasonably be questioned, including personal bias, a financial interest, or a family member's involvement as party or lawyer.

Judicial gifts

A judge may not accept gifts, loans, favors, or other things of value if they would appear to influence the judge, subject to narrow exceptions such as ordinary social hospitality and de minimis items.

Judicial political activity

A judge may not hold office in a political organization, make speeches on behalf of a political organization, or publicly endorse or oppose a candidate for public office, subject to limited exceptions.

Rule 8.4 misconduct

It is professional misconduct to violate the rules, commit a criminal act reflecting adversely on fitness, engage in dishonesty or fraud, or engage in conduct prejudicial to the administration of justice.

Firm supervisory duty

Partners and lawyers with managerial authority must make reasonable efforts to ensure the firm has measures giving reasonable assurance that all lawyers conform to the professional conduct rules.