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MPRE practice questions

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Question 1Regulation of the Legal Profession

A lawyer in private practice wants to advertise her services. Which statement about permissible advertising content is correct?

  1. She may pay a nonlawyer a percentage of each fee for clients the nonlawyer recommends.
  2. She may state that she limits her practice to immigration matters. Correct answer.
  3. She may call herself a certified specialist in trial practice without any certification.
  4. She may promise that she will obtain the best possible outcome in every case she handles.

Explanation

Rule 7.1 prohibits communications that are false or misleading, but a truthful statement that a lawyer limits her practice is permissible. Paying for recommendations is barred by Rule 7.2(b), and specialist claims are limited by Rule 7.4 to lawyers certified by an approved organization.

Question 2Regulation of the Legal Profession

A lawyer represents a manufacturing company in a contract dispute. In which of the following circumstances may the lawyer disclose information relating to the representation?

  1. To prevent a client from inflicting serious bodily harm on a coworker. Correct answer.
  2. To the lawyer's spouse while discussing a stressful day at work.
  3. To the lawyer's accountant so the accountant can prepare the lawyer's personal tax return.
  4. To a reporter, to explain why the client's position in the lawsuit is weak.

Explanation

Rule 1.6(b)(1) permits disclosure to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. Other disclosures require the client's informed consent, implied authorization, or another listed exception.

Question 3Regulation of the Legal Profession

Which of the following fee arrangements complies with the Model Rules?

  1. A lawyer agrees to defend a client in a criminal case for a fee equal to 20 percent of any assets the client retains.
  2. A lawyer handling an uncontested divorce charges a fee that is contingent on the court granting the divorce decree.
  3. The lawyer signs a written contingent-fee agreement stating the percentage and how it is calculated. Correct answer.
  4. A lawyer charges a flat fee of $5,000 and refuses to refund any portion even if the lawyer withdraws immediately after being retained.

Explanation

Rule 1.5(c) requires a contingent-fee agreement to be in writing, signed by the client, and to state the method by which the fee is determined, including the percentage and the expenses to be deducted. Contingent fees are barred in criminal cases and in domestic-relations matters where the fee depends on securing a divorce or a settlement amount.

Question 4Regulation of the Legal Profession

A lawyer in general practice is asked to handle a complex patent matter, a field she has never handled. Under the Model Rules, what may she do?

  1. She may accept if she can become competent through reasonable preparation. Correct answer.
  2. She must decline the matter because she does not currently possess the knowledge and skill the matter requires.
  3. She may accept the matter only if the client signs a written waiver of the competence requirement.
  4. She may accept the matter and learn the necessary law as the representation proceeds.

Explanation

Rule 1.1 requires competence but allows a lawyer to take on a matter in an unfamiliar field if she can acquire the necessary knowledge and skill through reasonable study or by associating with a lawyer of established competence. The client's consent is not the measure of competence.

Question 5Regulation of the Legal Profession

A lawyer receives a $10,000 advance from a client for future litigation expenses. How must the lawyer handle these funds?

  1. Spend them immediately on firm overhead, provided the lawyer repays the client before the case ends.
  2. Deposit them in a trust account and withdraw funds as expenses are incurred. Correct answer.
  3. Deposit them in the firm's general operating account, because they are advance payments.
  4. Place them in the lawyer's personal savings account with a written record of the deposit.

Explanation

Rule 1.15 requires funds belonging in whole or in part to a client to be held in a separate trust account and to be withdrawn only as the lawyer earns them or incurs the expenses. Commingling client money with the lawyer's own funds is prohibited.

Question 6Regulation of the Legal Profession

A court appoints a lawyer to represent an indigent defendant. The lawyer finds the case distasteful and wants to decline. What is the lawyer's obligation?

  1. Yes, because a lawyer is never obligated to represent a client she does not wish to represent.
  2. No, unless the matter would violate the Rules or impose an unreasonable financial burden. Correct answer.
  3. No, because a court appointment may never be declined under any circumstances.
  4. Yes, because the client has not paid any retainer or filing fee.

Explanation

Rule 6.2 requires a lawyer to accept a court appointment unless doing so would violate the Rules or law or would impose an unreasonable financial burden. Personal dislike of the case or the client is not good cause to decline.

Question 7Regulation of the Legal Profession

A lawyer represented a client in drafting a will. The representation has ended. A second person now asks the lawyer to represent her in a boundary dispute against the former client, a matter unrelated to the will. May the lawyer accept?

  1. Yes, but only if the lawyer first gives the former client written notice of the new matter.
  2. No, because a lawyer may never take a matter adverse to a former client.
  3. No, unless the former client consents in writing after being consulted.
  4. Yes, because the new matter is not substantially related to the earlier representation. Correct answer.

Explanation

Rule 1.9(a) bars a lawyer from opposing a former client in the same or a substantially related matter in which the client's interests are materially adverse, absent informed consent. When the new matter is unrelated, no conflict exists, although the lawyer may not use or reveal information learned in the prior representation.

Question 8Regulation of the Legal Profession

A lawyer wants to borrow money from an existing client. What does Rule 1.8(a) require?

  1. Nothing beyond a normal promissory note, because the client offered the loan.
  2. Only that the lawyer disclose the conflict orally before the loan is funded.
  3. That the terms be fair, disclosed in writing, and the client consent in writing. Correct answer.
  4. That the client be separately represented by an independent lawyer in the transaction.

Explanation

Rule 1.8(a) requires that the transaction terms be fair and fully disclosed to the client in writing in a manner the client reasonably understands, that the client be advised in writing to seek independent counsel, and that the client give informed consent in writing.

Question 9Regulation of the Legal Profession

Midway through trial, a lawyer learns that her client gave testimony that the client has now admitted was false in a material matter. What must the lawyer do?

  1. Withdraw from the representation without telling the court the reason for the withdrawal.
  2. Do nothing, because the lawyer may not reveal information relating to the representation.
  3. Take reasonable remedial measures, including disclosure to the court if necessary. Correct answer.
  4. Ask the client to repeat the testimony so the lawyer can cross-examine the client.

Explanation

Rule 3.3(b) requires a lawyer who knows a client has offered false material evidence to take reasonable remedial measures, including, if necessary, disclosure to the tribunal. The duty of candor to the court overrides the confidentiality duty for this purpose.

Question 10Regulation of the Legal Profession

A lawyer represents a plaintiff in a negligence suit. The defendant is represented by counsel. The lawyer wants to call the defendant directly to discuss settlement. May the lawyer do so?

  1. Yes, provided the lawyer identifies herself and her client at the start of the call.
  2. No, unless the defendant's counsel consents or the law authorizes the contact. Correct answer.
  3. Yes, because settlement discussions are not part of the litigation.
  4. No, because all communication with an adverse party is forbidden in every circumstance.

Explanation

Rule 4.2 prohibits communication about the matter with a person the lawyer knows is represented by counsel, unless that counsel consents or the law authorizes the communication. Settlement is part of the matter, so the prohibition applies.

Question 11Regulation of the Legal Profession

Two lawyers who practice in different firms want to divide a fee in a single matter. Which arrangement complies with the Model Rules?

  1. Each assumes joint responsibility and the client agrees in writing to the division. Correct answer.
  2. They divide the fee and pay a share to the paralegal who brought in the client.
  3. They divide the fee without telling the client, since the total fee is reasonable.
  4. One lawyer refers the case to the other firm and receives a share without doing any work on the matter.

Explanation

Rule 1.5(e) permits a division of fees between lawyers not in the same firm only if the division is proportionate to the services performed or each lawyer assumes joint responsibility, the client agrees in writing, and the total fee is reasonable. Rule 5.4(a) forbids sharing fees with nonlawyers.

Question 12Regulation of the Legal Profession

A supervising lawyer trains a paralegal to handle client intake. The paralegal begins advising walk-in clients about their legal rights and the likely outcome of their cases. What is the lawyer's obligation?

  1. None, provided the paralegal's advice is accurate and the firm does not charge the clients for it.
  2. The lawyer must report the paralegal to the disciplinary authorities for the unauthorized practice of law.
  3. The lawyer must make reasonable efforts to ensure the paralegal's conduct complies with the Rules. Correct answer.
  4. None, because a paralegal is not a lawyer and therefore is not subject to the Rules of Professional Conduct.

Explanation

Rule 5.3 requires a lawyer with managerial authority to make reasonable efforts to ensure that a nonlawyer's conduct is compatible with the lawyer's professional obligations. A nonlawyer may not give legal advice, so the lawyer must stop and correct the conduct.

Question 13Regulation of the Legal Profession

A lawyer is admitted to practice only in State A. A client asks her to represent it in an arbitration being held in State B. Which statement is correct?

  1. She may represent the client if the arbitration is reasonably related to her State A practice. Correct answer.
  2. She may never represent the client, because arbitration is the practice of law in State B.
  3. She may represent the client only if she is admitted pro hac vice in State B.
  4. She may represent the client if she associates a lawyer admitted in State B to sit second chair at the hearing.

Explanation

Rule 5.5(c)(3) permits a lawyer admitted in another jurisdiction to provide legal services on a temporary basis in connection with an arbitration or mediation that arises out of or is reasonably related to the lawyer's practice in a jurisdiction where she is admitted.

Question 14Regulation of the Legal Profession

A lawyer represents a client charged with fraud. Which decision belongs to the client rather than to the lawyer?

  1. Whether to file a motion to suppress evidence obtained in a warrantless search.
  2. Whether to call an expert witness the lawyer already retained for trial.
  3. Whether to raise an affirmative defense that the lawyer believes is weak but nonfrivolous.
  4. Whether to accept a plea offer from the prosecution. Correct answer.

Explanation

Rule 1.2(a) reserves certain decisions to the client, including whether to plead guilty, whether to accept a plea offer, whether to testify, and whether to settle a civil matter. Tactical decisions such as which motions to file or which witnesses to call ordinarily belong to the lawyer.

Question 15Regulation of the Legal Profession

A lawyer has appeared for a defendant in a pending lawsuit and now wants to withdraw. Which statement is correct?

  1. The lawyer may withdraw only with the client's written consent, even if the client cannot be found.
  2. The lawyer must refund all fees paid, regardless of the work already performed on the matter.
  3. The lawyer must obtain any required tribunal approval and protect the client's interests. Correct answer.
  4. The lawyer may withdraw at any time by filing a notice with the court, without court permission.

Explanation

Rule 1.16(c) requires a lawyer to comply with applicable law requiring notice to or permission of a tribunal when terminating representation, and Rule 1.16(d) requires reasonable steps to protect the client's interests, including giving notice and returning papers and unearned fees.

Question 16Regulation of the Legal Profession

A lawyer learns that another lawyer in her county has been filing false affidavits in unrelated cases. When does Rule 8.3 require her to report the misconduct?

  1. Only if the other lawyer's client consents to the report being filed with the bar.
  2. When it raises a substantial question about the other lawyer's honesty or fitness. Correct answer.
  3. Whenever she learns of any violation of the Rules, however minor.
  4. Only if a court has already entered a finding that the other lawyer committed the misconduct.

Explanation

Rule 8.3(a) requires a lawyer to report a violation that raises a substantial question as to the other lawyer's honesty, trustworthiness, or fitness as a lawyer, unless the information is protected by Rule 1.6. Isolated, minor violations need not be reported.

Question 17Regulation of the Legal Profession

A law firm asks a sophisticated corporate client to consent in advance to future conflicts of interest that are not directly adverse. Which statement best describes the effect of such an agreement?

  1. Prohibited, because a client may never consent to a future conflict of interest.
  2. Prohibited unless the waiver is approved by a court before the conflict arises.
  3. Permissible only if the firm later obtains a second written consent for each new matter.
  4. Permissible if the client gives informed consent and reasonably understands the material risks. Correct answer.

Explanation

Under Rule 1.7(b) and its comments, a client may consent in advance to future conflicts, but the effectiveness of the waiver depends on whether the client reasonably understands the material risks, which in turn depends on the explanation given and the client's sophistication.

Question 18Regulation of the Legal Profession

A lawyer meets with a prospective client about a proposed merger. The meeting is brief, but the prospective client reveals sensitive financial information that would be significantly harmful to her if used against her. The lawyer does not take the engagement. A month later, the opposing party in the merger asks the lawyer's firm to handle litigation against the prospective client. What is the result?

  1. The firm is permanently disqualified, because an initial consultation disqualifies every lawyer in the firm from any adverse matter.
  2. The firm may take the matter, because no attorney-client relationship was ever formed with the prospective client.
  3. The firm may take the matter if the prospective client is notified of the conflict and does not object within thirty days.
  4. The lawyer is personally barred; the firm may act only if she is screened and the others are untainted. Correct answer.

Explanation

Rule 1.18 protects information learned from a prospective client. The lawyer who received significantly harmful information is personally disqualified, and the firm may act only if that lawyer is timely screened, written notice is given, and no other lawyer in the firm received disqualifying information.

Question 19Regulation of the Legal Profession

A lawyer is litigating a case in which she is likely to be a necessary witness on a contested, material fact. Under Rule 3.7, which statement is correct?

  1. She may not act as advocate at trial under any circumstances, even if she is only a witness about legal fees.
  2. She may serve as both advocate and witness if her testimony will be brief.
  3. She may not act as advocate at trial unless her testimony concerns an uncontested issue. Correct answer.
  4. She may serve as both advocate and witness if the client consents after consultation.

Explanation

Rule 3.7(a) bars a lawyer from acting as advocate at a trial in which she is likely to be a necessary witness, with exceptions for uncontested issues, testimony about the nature and value of legal services, and substantial hardship to the client. The rule is not subject to waiver by client consent.

Question 20Regulation of the Legal Profession

A lawyer holds $50,000 in trust for a client. The client's former business partner claims $20,000 of the funds, and the lawyer knows the client disputes the claim. What must the lawyer do with the disputed $20,000?

  1. Deliver it to the business partner, because the partner has asserted a claim to it.
  2. Turn the entire $50,000 over to the court and close the trust account.
  3. Deliver it to the client, because the funds came from the client's settlement.
  4. Keep the disputed $20,000 in trust until the dispute is resolved. Correct answer.

Explanation

Rule 1.15(e) requires a lawyer holding funds in which a third person claims an interest to keep the disputed portion separate in trust until the dispute is resolved, while promptly distributing the undisputed portion to the client.

Question 21The Client-Lawyer Relationship

A woman meets with a lawyer for a free initial consultation about a car accident. She provides confidential details, and the lawyer declines the case. Which statement best describes the lawyer's obligations?

  1. The lawyer owes a duty of confidentiality regarding the information received. Correct answer.
  2. The lawyer must return any notes the client left with the lawyer.
  3. No duties arise because the lawyer never agreed to represent her.
  4. The lawyer may use the information for the lawyer's own benefit.

Explanation

Under Model Rule 1.18, a person who consults a lawyer about the possibility of forming a client-lawyer relationship is a prospective client. Even when no representation results, the lawyer generally may not reveal or use information learned in the consultation. The duty is limited but survives the declined representation.

Question 22The Client-Lawyer Relationship

Which item is protected by the attorney-client privilege?

  1. A preexisting document the client gave the lawyer before the meeting.
  2. The client's observable physical appearance at the meeting.
  3. A confidential communication made to the lawyer to obtain legal advice. Correct answer.
  4. The fact that the client met with the lawyer.

Explanation

The attorney-client privilege protects confidential communications between client and lawyer made for the purpose of obtaining legal advice. It does not protect facts the lawyer observes independently or preexisting documents. The existence of the relationship and the client's appearance are generally not privileged.

Question 23The Client-Lawyer Relationship

A lawyer accepts a matter in an unfamiliar area of law. What is the lawyer's best course under the Model Rules?

  1. Proceed and learn the law as the case progresses without telling the client.
  2. Decline the case unless the lawyer has handled at least three similar matters.
  3. Ask the client to sign a waiver of the competence requirement.
  4. Accept the case only if the lawyer can become competent through study or association. Correct answer.

Explanation

Model Rule 1.1 requires competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary. A lawyer may take on an unfamiliar matter if the lawyer can become competent through necessary study or by associating with a competent lawyer. Competence cannot be waived by the client.

Question 24The Client-Lawyer Relationship

A client authorizes a lawyer to settle a case for no less than $50,000. The opposing party offers $47,000. What must the lawyer do?

  1. Accept the offer if the lawyer believes the client would ultimately recover less at trial.
  2. Counteroffer $50,000 and not mention the $47,000 offer to the client.
  3. Reject the offer without informing the client because it is below the authorized amount.
  4. Promptly inform the client of the offer and let the client decide. Correct answer.

Explanation

Settlement is a client decision under Model Rule 1.2(a), and Rule 1.4 requires the lawyer to keep the client reasonably informed and promptly communicate settlement offers. The lawyer may advise the client but may not accept an offer outside the client's authority. The client chooses whether to accept, reject, or counteroffer.

Question 25The Client-Lawyer Relationship

A lawyer receives a $10,000 advance fee from a new client. Under the Model Rules, where should the lawyer deposit the funds?

  1. In the lawyer's client trust account until the fees are earned. Correct answer.
  2. In the lawyer's personal savings account to protect the client.
  3. In the lawyer's operating account because the fee has been paid.
  4. With the court clerk pending completion of the matter.

Explanation

Model Rule 1.15 requires client funds, including advance fees not yet earned, to be held in a trust account separate from the lawyer's own funds. The lawyer may withdraw earned fees as work is performed. Commingling client funds with the lawyer's funds is prohibited.

Question 26The Client-Lawyer Relationship

Which decision belongs to the client rather than the lawyer?

  1. What questions to ask on cross-examination.
  2. Whether to accept a settlement offer. Correct answer.
  3. Which witnesses to call at trial.
  4. Whether to assert a particular affirmative defense.

Explanation

Under Model Rule 1.2(a), the client decides the objectives of the representation, including whether to settle a civil case, accept a plea, waive a jury, testify, or appeal. The lawyer decides the means and strategy, such as which witnesses to call and what questions to ask. Asserting a defense is generally a strategic decision.

Question 27The Client-Lawyer Relationship

A lawyer represented a client in a divorce five years ago. A former opposing party now asks the lawyer about the client's finances. What is the lawyer's duty?

  1. The lawyer may discuss the matter because the representation has ended.
  2. The lawyer may confirm only information that is already public.
  3. The lawyer must keep the information confidential. Correct answer.
  4. The lawyer may disclose the information if the former client does not object.

Explanation

The duty of confidentiality under Model Rule 1.6 continues after the client-lawyer relationship ends. Information relating to the former representation may not be revealed without informed consent or another exception. The passage of time does not eliminate the duty.

Question 28The Client-Lawyer Relationship

A lawyer is hired to represent a client in a criminal case and proposes a fee equal to 25% of any fine the client avoids. Is this permissible?

  1. No, contingency fees are prohibited in criminal cases. Correct answer.
  2. Yes, if the client agrees in writing.
  3. Yes, if the fee is ultimately reasonable.
  4. Yes, if the lawyer advances all litigation costs.

Explanation

Model Rule 1.5(d)(1) prohibits contingent fees in criminal cases and in domestic relations matters where the fee is contingent on obtaining a divorce or on the amount of alimony or support. The prohibition applies even if the client consents in writing. Public policy disfavors financial incentives that could affect the lawyer's professional judgment in criminal matters.

Question 29The Client-Lawyer Relationship

A lawyer represents two partners in forming a joint venture. A dispute later arises between the partners over the venture. What is the lawyer's obligation?

  1. The lawyer may continue representing both if the dispute is minor.
  2. The lawyer must represent the partner who first hired the lawyer.
  3. The lawyer may represent one partner if that partner pays the fees.
  4. The lawyer must withdraw from representing both clients in the dispute. Correct answer.

Explanation

Representing both sides of a dispute between current clients creates a concurrent conflict under Model Rule 1.7. A lawyer may not assert a claim by one client against another client in the same litigation, even with consent. The lawyer must withdraw from representing both in the dispute, though the lawyer may continue in unrelated matters if no conflict exists.

Question 30The Client-Lawyer Relationship

A lawyer represented Client A in drafting a will. After the representation ends, Client B asks the lawyer to challenge the will on undue-influence grounds. The lawyer learned confidential family financial details from Client A during the drafting. May the lawyer represent Client B?

  1. No, absent Client A's informed written consent, because the matter is substantially related and adverse. Correct answer.
  2. Yes, if Client A consents orally.
  3. Yes, because the matters are not identical.
  4. No, because a lawyer may never represent a party against a former client.

Explanation

Model Rule 1.9(a) prohibits a lawyer from representing a new client in the same or a substantially related matter in which the new client's interests are materially adverse to a former client without the former client's informed consent confirmed in writing. Challenging the will the lawyer drafted is substantially related to the former representation. The former client's confidential information is directly relevant.

Question 31The Client-Lawyer Relationship

A man consults a lawyer about a business dispute. The lawyer learns the man's confidential strategy but does not take the case. The opposing party later asks the lawyer to represent it in the same dispute. Under Rule 1.18, may the lawyer accept?

  1. Yes, if the lawyer charges the prospective client no fee for the consultation.
  2. Yes, because no attorney-client relationship was formed.
  3. No, because a consultation disqualifies the lawyer forever in all matters.
  4. No, because the lawyer received information that could be significantly harmful to the prospective client. Correct answer.

Explanation

Model Rule 1.18 protects prospective clients. If a lawyer receives information from a prospective client that could be significantly harmful to that person in the matter, the lawyer may not represent a client with materially adverse interests in the same or a substantially related matter. The disqualification is limited to that matter and can be cured by informed consent in some circumstances.

Question 32The Client-Lawyer Relationship

A lawyer wants to buy a rental property from a current client for $200,000. The property is fairly valued at $260,000. What must the lawyer do to comply with Rule 1.8(a)?

  1. Wait until the representation ends before discussing terms.
  2. Nothing, because the client proposed the transaction.
  3. Ensure fair terms, disclose in writing, advise independent counsel, and obtain written consent. Correct answer.
  4. Obtain only the client's oral consent after disclosing the price.

Explanation

Model Rule 1.8(a) governs business transactions with a client. The terms must be fair and reasonable to the client and fully disclosed in writing in a manner the client can reasonably understand. The client must be advised in writing to seek independent counsel and must give informed consent in writing.

Question 33The Client-Lawyer Relationship

A lawyer represents a client with the client's written consent, and the client's employer pays the legal fees. The employer asks the lawyer to keep certain information from the client. What should the lawyer do?

  1. Follow the employer's request because the employer pays the bills.
  2. Withdraw from the representation immediately in all cases.
  3. Disclose the information only if the client asks for it.
  4. Refuse to let the employer interfere and keep the client reasonably informed. Correct answer.

Explanation

Under Model Rule 1.8(f), a lawyer may accept compensation from a third party only if the client gives informed consent, the third party does not interfere with the lawyer's independent professional judgment, and client information is protected. The lawyer's duty of communication runs to the client. A fee payer cannot direct the lawyer to withhold material information from the client.

Question 34The Client-Lawyer Relationship

A lawyer drafts a will for a client that leaves the lawyer a substantial bequest. The client is not related to the lawyer. Is this permissible?

  1. No, because lawyers may never receive any gift from a client.
  2. No, unless the lawyer is related to the client. Correct answer.
  3. Yes, if the lawyer discloses the bequest to the client in writing.
  4. Yes, if the client insists and the will is properly witnessed.

Explanation

Model Rule 1.8(c) prohibits a lawyer from preparing an instrument giving the lawyer or a person related to the lawyer a substantial gift, unless the lawyer or recipient is related to the client. The rule prevents overreaching and undue influence in estate planning. A substantial bequest drafted by the lawyer is therefore improper absent the required family relationship.

Question 35The Client-Lawyer Relationship

A lawyer begins representing a company in a commercial dispute. Midway through, the lawyer begins a consensual sexual relationship with the company's CEO, who supervises the litigation. What is the lawyer's ethical obligation?

  1. The lawyer must withdraw because such a relationship is prohibited. Correct answer.
  2. No issue, because the client is a company rather than an individual.
  3. The lawyer may continue only if the CEO signs a conflict waiver.
  4. No issue, because the relationship is consensual and private.

Explanation

Model Rule 1.8(j) prohibits sexual relations with a client unless a consensual relationship existed before the representation began. When the client is an organization, the prohibition applies to a person who supervises or regularly consults with the lawyer about the matter. The relationship is not curable by consent, and the lawyer must withdraw.

Question 36The Client-Lawyer Relationship

A lawyer charges a client a $5,000 retainer labeled nonrefundable. The lawyer does $1,500 of work before the client discharges the lawyer. What is the lawyer's obligation regarding the $3,500 balance?

  1. Keep the balance because nonrefundable retainers are always valid.
  2. Refund the balance because fees not yet earned must be returned. Correct answer.
  3. Keep the balance because the client agreed to the term in writing.
  4. Keep the balance because the lawyer reviewed the file.

Explanation

Model Rule 1.16(d) requires a lawyer to refund any advance payment of fee that has not been earned. A provision labeling a retainer nonrefundable does not override the duty to return unearned funds. The lawyer may keep only the reasonable value of services actually performed.

Question 37The Client-Lawyer Relationship

Lawyer A refers a personal injury client to Lawyer B. They agree that A will receive 20% of the fee but will not work on the case or assume responsibility. The client consents in writing. Is the fee division proper?

  1. Yes, because referral fees are always permitted between lawyers.
  2. Yes, because the client consented in writing.
  3. No, because A did not perform services or assume joint responsibility. Correct answer.
  4. No, because lawyers may never divide fees in any circumstances.

Explanation

Model Rule 1.5(e) permits a division of fees between lawyers not in the same firm only if the client consents in writing, the total fee is reasonable, and the division is proportional to the services performed or each lawyer assumes joint responsibility for the representation. A pure referral fee without services or responsibility fails the rule. Written client consent alone is insufficient.

Question 38The Client-Lawyer Relationship

A lawyer discovers that continuing to represent a client will require the lawyer to assist in conduct the lawyer knows is fraudulent. What must the lawyer do?

  1. Withdraw, and seek court permission if the court requires it. Correct answer.
  2. Ask the client to sign a waiver of the lawyer's ethical duties.
  3. Continue but avoid signing any documents related to the fraud.
  4. Continue the representation and report the fraud after the case ends.

Explanation

Model Rule 1.16(a)(1) requires a lawyer to withdraw if continued representation will result in violation of the rules of professional conduct or other law. Assisting fraudulent conduct would violate the rules. If a tribunal requires approval for withdrawal, the lawyer must seek permission but must not continue the improper conduct.

Question 39The Client-Lawyer Relationship

A client tells a lawyer that the client intends to sell fraudulent securities next week to investors. The client is using the lawyer's advice to structure the offering documents. May the lawyer disclose the information?

  1. Yes, because the lawyer may always disclose a client's future plans.
  2. No, because confidentiality applies to all client statements.
  3. No, unless the client has already completed the fraudulent sales.
  4. Yes, because disclosure is permitted to prevent a crime or fraud reasonably certain to cause substantial financial injury. Correct answer.

Explanation

Model Rule 1.6(b)(2) and (b)(3) permit a lawyer to reveal information reasonably necessary to prevent a client from committing a crime or fraud reasonably certain to result in substantial financial injury, or to prevent or mitigate such injury when the lawyer's services were used. The permission is limited and requires a serious, likely harm. The lawyer may disclose only information reasonably necessary to accomplish the purpose.

Question 40The Client-Lawyer Relationship

A lawyer represents both a landlord and a tenant in separate, unrelated matters. The tenant asks the lawyer to sue the landlord in an eviction dispute. May the lawyer represent the tenant in that dispute?

  1. No, because the lawyer would assert a claim by one current client against another in the same proceeding. Correct answer.
  2. Yes, if both clients are sophisticated business entities.
  3. Yes, if both clients give informed consent confirmed in writing.
  4. Yes, if the lawyer reasonably believes the representation will not be materially limited.

Explanation

Model Rule 1.7(b)(3) provides that a lawyer may not represent a client in asserting a claim against another current client in the same litigation or other proceeding before a tribunal, even with informed consent. This conflict is nonconsentable. The fact that the other representation is unrelated does not cure the problem once the two clients are adverse in the same proceeding.

Question 41The Client-Lawyer Relationship

An elderly client with early dementia insists on transferring assets in a way the lawyer believes will cause financial harm. The client understands the basic decision. What should the lawyer do?

  1. Follow the family's instructions instead of the client's.
  2. Refuse to speak with the client until a family member is present.
  3. Immediately petition for guardianship without telling the client.
  4. Maintain a normal client-lawyer relationship as far as possible and consider protective action if the client is at risk. Correct answer.

Explanation

Model Rule 1.14 directs a lawyer to maintain a normal client-lawyer relationship with a client whose capacity is diminished, as far as reasonably possible. The lawyer may take protective action, such as consulting family or seeking guardianship, if the lawyer reasonably believes the client is at risk of substantial harm and cannot act in the client's own interest. The lawyer should not substitute a family member's judgment for the client's.

Question 42The Client-Lawyer Relationship

A corporation's outside counsel interviews the CFO about accounting practices. The CFO admits to fraudulent entries. In later litigation, a shareholder sues the corporation and seeks the CFO's statements. Who holds the attorney-client privilege?

  1. No one, because the statements concern fraud.
  2. The CFO personally, because he made the statements.
  3. The shareholders, because they own the corporation.
  4. The corporation, because the privilege belongs to the entity client. Correct answer.

Explanation

When a lawyer represents an organization under Model Rule 1.13, the client is the organization, not its officers or employees. The attorney-client privilege belongs to the entity and may be asserted or waived by those authorized to act for the entity. The CFO's statements to corporate counsel are generally privileged in favor of the corporation, although the crime-fraud exception may apply in some circumstances.

Question 43The Client-Lawyer Relationship

A lawyer withdraws from representing a client because the client failed to pay fees. The former client's new lawyer asks for the case file. What must the former lawyer do?

  1. Turn over the file, because the client is entitled to it even if fees are unpaid. Correct answer.
  2. Turn over only documents the client signed.
  3. Destroy the file to protect the client's confidentiality.
  4. Withhold the entire file until the unpaid fees are paid.

Explanation

Model Rule 1.16(e) requires a lawyer upon termination to return all papers and property to which the client is entitled. The lawyer generally may not retain the client's file to pressure payment of fees, although the lawyer may retain a copy and may assert a lien only as permitted by law. Destroying the file would violate duties to the client and the rules on file retention.

Question 44The Client-Lawyer Relationship

A lawyer asks a new client to sign a blanket waiver allowing the lawyer to represent any current or future adverse party in any matter. Is the waiver effective?

  1. Yes, if the lawyer believes the client understands it.
  2. No, because informed consent requires knowledge of the material risks of a specific conflict. Correct answer.
  3. Yes, if the client is a sophisticated business entity.
  4. Yes, if the waiver is in writing and notarized.

Explanation

Informed consent under Model Rule 1.0(e) requires the client to have reasonably adequate information about the material risks of the proposed course of conduct. Open-ended advance waivers are ordinarily ineffective because the client cannot appreciate the risks of unknown future conflicts. A waiver is more likely to be effective when it is specific and the client is sophisticated, but a blanket waiver of all future conflicts is not.

Question 45Client Confidentiality

Under Model Rule 1.6, the duty of confidentiality covers which of the following?

  1. All information relating to the representation, regardless of its source Correct answer.
  2. Only information the lawyer receives directly from the client
  3. Only communications that would be protected by the attorney-client privilege
  4. Only information the client expressly asks the lawyer to keep secret

Explanation

Rule 1.6(a) prohibits revealing information relating to the representation of a client. Confidentiality is broader than the attorney-client privilege and reaches information from any source, including third parties, the lawyer's own observations, and public records connected to the matter.

Question 46Client Confidentiality

A lawyer may reveal confidential client information without violating Rule 1.6 when:

  1. The information has already been shared with one other person
  2. The client gives informed consent to the disclosure Correct answer.
  3. The lawyer believes disclosure would benefit the client's business interests
  4. The lawyer's spouse is curious about the matter

Explanation

Rule 1.6(a) permits disclosure when the client gives informed consent, when disclosure is impliedly authorized to carry out the representation, or when a specific exception applies. The lawyer's own view that disclosure would be beneficial does not suffice.

Question 47Client Confidentiality

Which statement best describes the duration of a lawyer's confidentiality obligation?

  1. Confidentiality continues after the representation ends. Correct answer.
  2. The duty ends when the client hires new counsel.
  3. The duty ends when the lawyer sends the final bill.
  4. The duty ends only if the client signs a release.

Explanation

Rule 1.6 Comment 19 states that the duty of confidentiality continues after the client-lawyer relationship has terminated. Former clients remain protected under Rule 1.9(c) as well.

Question 48Client Confidentiality

With respect to client information stored electronically, Model Rule 1.6 requires a lawyer to:

  1. Disclose all electronic files to the client monthly
  2. Make reasonable efforts to prevent unauthorized access Correct answer.
  3. Avoid using email for any client communication
  4. Encrypt every file, regardless of cost or practicality

Explanation

Rule 1.6(e) requires reasonable efforts to prevent unauthorized access to information relating to the representation. Reasonableness depends on the sensitivity of the information and the cost of safeguards, not on a ban on email or a fixed technical mandate.

Question 49Client Confidentiality

The attorney-client privilege generally protects:

  1. All information the lawyer learns about the client, from any source
  2. The client's underlying facts and documents, even if not communicated to the lawyer
  3. Confidential communications between client and lawyer made to obtain legal advice Correct answer.
  4. Communications made in the presence of third parties strangers to the relationship

Explanation

The privilege protects confidential communications between a client and lawyer made for the purpose of obtaining legal advice. It does not protect all information the lawyer learns, nor underlying facts merely because the client knows them.

Question 50Client Confidentiality

Rule 1.6(d) requires a lawyer to make reasonable efforts to prevent:

  1. The client from discussing the case publicly
  2. Inadvertent disclosure of confidential information to the wrong person Correct answer.
  3. Any communication with the client's family
  4. Opposing counsel from contacting the client directly without permission

Explanation

Rule 1.6(d) directs lawyers to make reasonable efforts to prevent inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation. It addresses the lawyer's own safeguards rather than the client's speech or opposing counsel's conduct.