MPRE Basics | Plus Educa

Introducción
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Juego

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MPRE_Basic_1

1 / 30

What three fundamental roles define a lawyer as a member of the legal profession?

An executor of the law, a system regulator, and a public advocate for social change.

A representative of clients, an officer of the legal system, and a public citizen.

A private counsel, a fiduciary agent, and a promoter of civic engagement.

A representative of clients, a public official, and a contributor to legislative reform.

A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

2 / 30

When functioning as an advisor, what primary service does a lawyer provide to a client?

Seeking a favorable resolution for the client while ensuring honest dealings with opposing parties.

Examining and reporting on a client's overall financial and legal standing to external third parties.

Zealous assertion of the client's position under the rules of the adversarial process.

Providing an informed understanding of legal rights and obligations, including their practical implications.

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications.

3 / 30

In the role of advocate, what is the lawyer's primary action?

Serving as a neutral third party to mediate disputes between the client and others.

Reporting findings regarding the client's legal status directly to necessary external stakeholders.

Zealously asserting the client's position strictly within the parameters of the adversary system's rules.

Diligently seeking legal reform to improve the rules governing adversarial proceedings.

As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.

4 / 30

What constraint must a lawyer, acting as a negotiator, adhere to while seeking an advantageous result for the client?

The consistency of the result with the fundamental requirements of honest dealings with other persons.

The limitation imposed by court rules that restrict the scope of alternative dispute resolution methods.

The necessity of upholding the public's confidence in the judicial system above client gain.

The requirement to maintain strict adherence to all existing statutory laws without exception.

As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.

5 / 30

The function of an evaluator requires a lawyer to perform which specific action?

Examining a client's legal affairs and subsequently reporting findings to the client or to others.

Acting as a fiduciary agent responsible for the client's confidential financial information.

Resolving conflicting ethical duties arising from the tension between client loyalty and professional ethics.

Determining the appropriate legal fees based on an assessment of client assets.

As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.

6 / 30

What is the nature of the function performed by a lawyer serving as a third-party neutral?

It is a quasi-judicial function requiring binding arbitration rulings on complex legal matters.

It is a temporary extension of representational duties requiring special ethical disclosure to the court.

It is a supplementary function requiring the lawyer to maintain client confidences while mediating.

It is a nonrepresentational role focused on helping all involved parties resolve a specific dispute or issue.

In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter.

7 / 30

In what circumstances can practicing lawyers still be subject to discipline under the Rules?

When they are participating in civic duties unrelated to the legal system's administration.

When they engage in acts of minor negligence that do not result in harm to a client's interests.

When they are providing legal advice without charge to family members or close acquaintances.

When they are acting in a nonprofessional capacity, such as committing fraud in conducting a business.

In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

8 / 30

Which set of virtues should characterize a lawyer's performance across all professional functions?

Competence, promptness, and diligence.

Zealousness, impartiality, and efficiency.

Independence, rectitude, and judiciousness.

Confidentiality, accessibility, and fidelity.

In all professional functions a lawyer should be competent, prompt and diligent.

9 / 30

Under what specific conditions is a lawyer permitted to disclose information relating to the representation of a client?

Only when disclosure is explicitly required or permitted by the Rules of Professional Conduct or other governing law.

When the client provides verbal consent, regardless of the potential harm to their interests.

Only when the information relates to pending criminal charges against the client.

When the lawyer determines that the maintenance of confidentiality conflicts with their duty as an officer of the court.

A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

10 / 30

In which areas must a lawyer ensure their conduct conforms to the requirements of the law?

Exclusively in matters involving the handling of client funds and official legal documentation.

Primarily when acting as a public citizen seeking the improvement of legal standards.

Only during professional service to clients and interactions within the courtroom.

Both in professional service to clients and in the lawyer's business and personal affairs.

A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs.

11 / 30

For what purpose should a lawyer utilize the law’s procedures?

Only for legitimate purposes, specifically avoiding harassment or intimidation of others.

Primarily to ensure that official governmental action is subject to rigorous judicial review.

To maximize financial recovery for the client through any available technical means.

To challenge legal precedent aggressively when it impedes the client's stated objectives.

A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others.

12 / 30

What is the dual responsibility a lawyer holds concerning official actions and the legal process?

The duty, when necessary, to challenge the rectitude of official action while simultaneously upholding the legal process.

The duty to prioritize the client's interests over system integrity, unless doing so violates explicit rules.

The duty to maintain strict impartiality regarding all legal matters and to submit to governmental oversight.

The duty to secure official approval for complex legal strategies and to challenge any negative ruling vigorously.

While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

13 / 30

As a public citizen, a lawyer is expected to seek improvement in which four key areas?

Constitutional rights, client confidentiality, adversarial rules, and public opinion.

Government funding, judicial appointments, ethical standards, and community engagement.

The law, access to the legal system, the administration of justice, and the quality of legal service.

Procedural law, judicial efficiency, client relations, and professional autonomy.

As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.

14 / 30

What are the responsibilities of a lawyer stemming from their membership in a learned profession?

Prioritize specialized skills, secure advanced certifications, and publish academic legal findings.

Cultivate knowledge beyond client use, employ knowledge in law reform, and strengthen legal education.

Maintain professional licensure, conduct scholarly research, and enforce ethical violations internally.

Negotiate with government entities, establish fair pricing schedules, and advocate for judicial restraint.

As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education.

15 / 30

Why is it essential for a lawyer to promote the public's understanding of and confidence in the rule of law?

Because public support is necessary to maintain the authority of legal institutions in a constitutional democracy.

Because the legal system relies entirely on lawyers' discretion to interpret statutes fairly for all citizens.

Because strong public understanding reduces the incidence of unnecessary legal challenges and disputes.

Because high public confidence directly correlates with higher rates of voluntary compliance with legal statutes.

In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.

16 / 30

Recognizing that economic or social barriers prevent adequate legal counsel, what is the duty of all lawyers?

To restrict the services offered to indigent clients to basic representation in criminal proceedings.

To lobby governmental agencies to increase public defender funding to acceptable levels.

To devote professional time and resources and use civic influence to ensure equal access to justice.

To prioritize pro bono work only for high-profile cases that may result in law reform.

Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel.

17 / 30

Besides the Rules of Professional Conduct and other substantive law, what two internal and external factors guide a lawyer?

Public opinion and legislative mandates.

Judicial precedents and government regulations.

Personal conscience and the approbation of professional peers.

Economic necessity and client demands.

However, a lawyer is also guided by personal conscience and the approbation of professional peers.

18 / 30

When an opposing party is well represented, how does a lawyer reconcile the roles of zealous advocate and officer of the legal system?

The lawyer must report any potential ethical conflict immediately to the presiding judge.

The lawyer can be a zealous advocate while assuming that justice is simultaneously being achieved.

The lawyer must prioritize the systemic function over the individual client’s potential outcome.

The lawyer is ethically obligated to reduce the zeal of their advocacy to facilitate resolution.

Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done.

19 / 30

How does preserving client confidences typically serve the broader public interest?

It ensures that the self-governing nature of the legal profession remains independent of external pressures.

It guarantees that all litigation proceeds based solely on verifiable factual evidence presented openly in court.

It makes people more likely to seek legal advice and subsequently heed their legal obligations, knowing communications will be private.

It minimizes the likelihood of lawyers abusing their access to sensitive governmental or proprietary information.

So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

20 / 30

Virtually all difficult ethical problems in law practice arise from conflicts among which three interests?

Responsibilities to clients, duties to the public interest, and obligations to government agencies.

Duties as an advisor, as an advocate, and as a public citizen concerned with social justice.

Obligations under substantive law, procedural law, and the requirement of independent professional judgment.

Responsibilities to clients, duties to the legal system, and the lawyer's interest in remaining ethical while earning a living.

Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living.

21 / 30

When difficult issues of professional discretion arise within the framework of the Rules, how must they be resolved?

Through consultation with opposing counsel to find a mutually acceptable, non-precedential solution.

By submitting the conflict for review by the state's official disciplinary authority.

Through the exercise of sensitive professional and moral judgment guided by the Rules' basic principles.

By seeking the formal resolution of the court based on established case law.

Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules.

22 / 30

Which core principle guides a lawyer resolving conflicts, balancing client interest with systemic interaction?

Placing the public interest mandate above the confidential requirements dictated by the attorney-client privilege.

Zealously protecting the client's legitimate interests within legal bounds, while maintaining a professional, courteous, and civil attitude toward all persons involved.

Ensuring professional autonomy by refusing to cooperate with government bodies investigating the client's affairs.

Adhering strictly to explicit regulatory guidelines, eliminating reliance on individual moral interpretation.

These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

23 / 30

What makes the legal profession's self-governance unique compared to other professions with similar powers?

The fact that ultimate authority over the profession is vested largely in the courts.

Its reliance on popular support and participation for maintaining authority.

Its capacity to utilize the law's procedures only for legitimate, non-harassing purposes.

The close relationship between the profession and the processes of government and law enforcement.

Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement.

24 / 30

In which entity is ultimate authority over the legal profession largely vested?

State disciplinary agencies.

Legislative committees.

The courts.

Federal executive branches.

This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

25 / 30

What is the consequence of lawyers meeting the obligations of their professional calling regarding external oversight?

It simplifies the process for challenging official action by streamlining court procedures.

It obviates (removes the need for) the occasion for government regulation of the profession.

It guarantees complete immunity from judicial intervention or review.

It requires increased cooperation between the bar and federal law enforcement agencies.

To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated.

26 / 30

Why is maintaining an independent legal profession crucial for preserving government under law?

Because it stabilizes the financial viability of private practice by preventing excessive governmental taxation.

Because independence ensures that the profession can enforce its own rules without the requirement of popular support.

Because a profession whose members are not dependent on government for practice rights can more readily challenge the abuse of legal authority.

Because it allows lawyers to prioritize client confidentiality over all competing duties as public citizens.

An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

27 / 30

The legal profession's autonomy obligates it to ensure its regulations are designed to serve what purpose?

To maximize the ability of lawyers to earn a satisfactory living while practicing ethically.

To prioritize the enhancement of legal education and specialized training within the bar.

To ensure they are conceived in the public interest, not in furtherance of parochial or self-interested concerns of the bar.

To maintain consistency with rulings issued by the courts, where ultimate authority is vested.

The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar.

28 / 30

Neglect of the responsibilities of self-government, such as securing observance of the Rules, results in what outcome?

It leads to a reduction in the public's confidence in the justice system and the rule of law.

It compromises the independence of the profession and the public interest which it serves.

It requires the courts to take immediate action to overturn or revise existing legal procedures.

It automatically triggers mandatory governmental oversight and punitive administrative sanctions.

Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

29 / 30

What purpose do the Rules of Professional Conduct serve when properly applied regarding a lawyer's vital role in society?

They determine the appropriate level of compensation for pro bono work.

They define the lawyer's relationship to the overall legal system.

They establish binding statutory requirements for continuous professional development.

They delineate the necessary scope of judicial involvement in self-regulation.

The Rules of Professional Conduct, when properly applied, serve to define that relationship.

30 / 30

How should the Rules of Professional Conduct be interpreted?

Primarily based on the ethical guidance provided in the associated Comments.

With reference to the purposes of legal representation and the law itself.

With strict adherence to the historical legislative intent behind their enactment.

Only through the precedents established by judicial bodies concerning professional discipline.

They should be interpreted with reference to the purposes of legal representation and of the law itself.

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MPRE_Basic_2

1 / 30

In the Rules of Professional Conduct, what is the key difference between Rules using "shall" or "shall not" and Rules using "may"?

"Shall/shall not" Rules pertain only to duties to clients, while "may" Rules pertain to duties as a public citizen.

"Shall/shall not" Rules define proper conduct for professional discipline, while "may" Rules are permissive and define areas of professional discretion.

"Shall/shall not" Rules are binding only in litigation, while "may" Rules apply to nonprofessional conduct.

"Shall/shall not" Rules provide descriptions of ideal conduct, while "may" Rules are prescriptive and define disciplinary boundaries.

Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment.

2 / 30

What is the function of the Comments that use the term "should" in relation to the Rules of Professional Conduct?

They add supplementary obligations that are enforceable in disciplinary proceedings.

They establish a higher standard of moral conduct beyond the required legal framework.

They provide non-binding guidance for practicing in compliance with the formal Rules.

They serve as binding interpretations necessary for judicial review of conduct.

Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

3 / 30

What key elements are included in the larger legal context that the Rules of Professional Conduct presuppose?

The lawyer’s personal conscience and the approbation of their professional peers.

Ultimate authority vested in the courts and reliance on popular participation in government.

Court rules, statutes concerning licensure, specific laws defining lawyer obligations, and substantive and procedural law generally.

Principles of common law, governmental decrees, and international legal standards defining human rights.

That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general.

4 / 30

What is the primary, secondary, and final basis for compliance with the Rules in an open society?

Primary: Client contractual agreement; Secondary: Economic incentives; Final: Statutory mandates.

Primary: Understanding and voluntary compliance; Secondary: Peer and public opinion; Final: Enforcement via disciplinary proceedings.

Primary: Formal court orders; Secondary: Mandatory bar association dues; Final: Civil liability lawsuits.

Primary: Judicial review; Secondary: Governmental decree; Final: Legislative amendment.

Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings.

5 / 30

How do the Rules of Professional Conduct relate to the complete range of moral and ethical considerations for a lawyer?

They are exhaustive and definitively define all acceptable conduct for the ethical practice of law.

They do not exhaust all moral and ethical considerations but merely provide a framework for ethical practice.

They supersede all other moral and ethical considerations where conflicts may arise.

They define the minimum acceptable standard, requiring lawyers to ignore unlisted ethical matters.

The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

6 / 30

What is the primary determinant for whether a client-lawyer relationship exists?

A formalized, written retainer agreement signed by both parties.

The lawyer’s professional judgment regarding the complexity of the legal matter.

Principles of substantive law that are external to the Rules of Professional Conduct.

The explicit mandatory provisions contained within the Rules of Professional Conduct themselves.

principles of substantive law external to these Rules determine whether a client-lawyer relationship exists.

7 / 30

When does the duty of confidentiality (e.g., Rule 1.6) typically attach in the formation of a client-lawyer relationship?

When the lawyer agrees to consider whether a client-lawyer relationship shall be established.

After the lawyer has formally accepted the representation and the first communication has occurred.

Only after the client has fully compensated the lawyer for initial services rendered.

Immediately upon the first formal legal document being filed in a court of law.

But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18.

8 / 30

What unique aspect of authority may government lawyers possess regarding legal matters?

The right to ignore existing case law when it conflicts with the directives of the executive branch.

Unilateral discretion to grant immunity from prosecution to potential witnesses in complex trials.

Exclusive power to determine the legislative agenda for the state or federal jurisdiction.

Authority concerning legal matters that ordinarily reposes in the client in a private client-lawyer relationship.

the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships.

9 / 30

What example is provided for the type of client-level decision a lawyer for a government agency might have the authority to make?

Determining if a case should proceed to discovery or be dismissed without prejudice.

Deciding the necessary level of public funding for legal assistance programs.

Issuing binding interpretations of the Rules of Professional Conduct for all government practitioners.

Deciding upon settlement or whether to appeal from an adverse judgment on behalf of the government.

For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment.

10 / 30

Under the supervision of officers like the Attorney General, in what situations might government lawyers represent multiple parties that a private lawyer could not?

Representing both plaintiff and defendant in a civil action when the issues are entirely unrelated.

Representing both the government and a private citizen provided the financial interests align perfectly.

Representing several government agencies simultaneously in intragovernmental legal controversies.

Representing multiple government officials who are individually accused of misconduct in the same matter.

Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients.

11 / 30

What action serves as a basis for invoking the disciplinary process against a lawyer?

A failure to submit to the supervision of the courts regarding practice methods.

A failure to achieve a result advantageous to the client through diligent negotiation.

A failure to comply with an obligation or prohibition explicitly imposed by a Rule.

A failure to conform professional conduct to the requirements of the legal system's officers.

Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process.

12 / 30

The Rules presuppose that disciplinary assessment of a lawyer's conduct must take into account what reality regarding the lawyer’s actions?

The limitations imposed by financial constraints on the lawyer's ability to conduct a thorough investigation.

The reliance on public opinion and peer review to determine moral fault.

The complexity of the case, requiring action based only on established judicial precedent.

The fact that the lawyer often has to act upon uncertain or incomplete evidence of the situation at the time.

The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation.

13 / 30

The decision on whether to impose discipline and the severity of the sanction depend on all circumstances, including which three specific factors?

The age of the lawyer, the nature of the opposing counsel, and the jurisdiction of the court.

The client's financial loss, the public visibility of the case, and the lawyer's intent to deceive.

The degree of deference shown to the judge, the lawyer’s academic record, and the length of the case proceedings.

The willfulness and seriousness of the violation, extenuating factors, and whether there have been previous violations.

Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

14 / 30

What is the immediate legal effect of a violation of a Rule concerning civil litigation against the lawyer?

It only results in a nondisciplinary remedy like disqualification from pending litigation.

It inherently gives rise to a cause of action against the lawyer for damages.

It should not itself create a cause of action against the lawyer or a presumption that a legal duty has been breached.

It automatically establishes a presumption that a civil legal duty has been breached.

Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached.

15 / 30

What is the essential design purpose of the Rules of Professional Conduct?

To serve as a definitive basis for determining civil liability in malpractice suits.

To provide guidance to lawyers and a structure for regulating conduct through disciplinary agencies.

To empower opposing parties to utilize them as procedural weapons to seek disqualification.

To establish the procedural structure for appealing adverse governmental judgments.

The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability.

16 / 30

When is the fundamental purpose of the Rules subverted?

When a disciplinary authority uses them to impose mandatory educational requirements.

When they are used to determine if governmental authority over the profession is being challenged appropriately.

When lawyers invoke them in self-assessment to improve professional discretion.

When opposing parties invoke them as procedural weapons in litigation.

Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons.

17 / 30

Although a Rule violation does not create a cause of action, what potential impact might it still have in a collateral proceeding?

It may serve as evidence of a breach of the applicable standard of conduct by the lawyer.

It may be used as binding proof of gross negligence leading to an automatic default judgment.

It requires the judge to recuse themselves due to the appearance of systemic bias.

It grants the antagonist automatic standing to seek formal enforcement of the Rule.

Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer's violation of a Rule may be evidence of breach of the applicable standard of conduct.

18 / 30

In the structure of the Rules, what is considered the authoritative source, and what provides general orientation and interpretive guidance?

The Preamble and Scope are authoritative; the Rules and Comments are disciplinary recommendations.

The text of each Rule is authoritative; the Preamble/Scope provide general orientation, and Comments are guides to interpretation.

Only court rulings are authoritative; all other texts serve as secondary interpretative aids.

The Comments are authoritative; the Rules and Preamble provide interpretive guidance.

The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

19 / 30

What action defines a "belief" held by a person involved, as understood in legal terminology?

The person has actual knowledge of the fact based on verifiable evidence.

The person actually supposed the fact in question to be true.

The person has inferred the truth of the fact from a formal investigation.

The person has confirmed the fact in writing to prevent misinterpretation.

"Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.

20 / 30

If oral informed consent is provided, what specific action must a lawyer take to ensure the consent is "confirmed in writing" under the Rules?

Promptly transmit a writing to the person confirming the oral informed consent.

Obtain the client's electronic signature on the consent form within 24 hours of the conversation.

Ensure the writing is secured at the time of the oral consent, regardless of feasibility.

File an affidavit with the appropriate tribunal documenting the circumstances of the oral consent.

"Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.

21 / 30

Which entity is specifically included in the definition of a "Firm" or "law firm"?

A financial institution utilizing a contract lawyer for specialized transaction review.

Lawyers employed in a legal services organization or the legal department of a corporation.

A political action committee that employs an attorney for campaign compliance matters.

A partnership consisting solely of paralegals specializing in legal documentation preparation.

"Firm" or "law firm" denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.

22 / 30

What is the defining characteristic of "fraud" or "fraudulent" conduct for disciplinary purposes?

The use of substantive or procedural law to gain an unfair litigation advantage.

Any unintentional misrepresentation that leads to a substantial injury to another party.

Conduct that involves a purpose to deceive and is fraudulent under applicable law.

Any false statement made under oath regardless of the intent of the declarant.

"Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

23 / 30

What core elements must be communicated by a lawyer to ensure a person gives "informed consent"?

Adequate information, full disclosure of all potential costs, and notarized affirmation of understanding.

Written documentation of the lawyer's professional experience and disclosure of any potential conflicts of interest.

Explanation of litigation strategy, detailed financial projections, and certification by an independent lawyer.

Adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

"Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

24 / 30

How is the term "knowingly" defined?

Actual knowledge of the fact in question, which may be inferred from circumstances.

The legal conclusion that the fact in question is established beyond a reasonable doubt.

The capacity for a person to understand the implications of a fact based on reasonable prudence.

Confirmation that the fact in question has been communicated to the person in writing.

"Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

25 / 30

In addition to a member of a partnership, which individual is specifically designated as a "Partner"?

A long-term associate who supervises junior attorneys but lacks equity.

A shareholder in a law firm organized as a professional corporation.

A law firm manager who directs non-legal staff and handles administrative operations.

A lawyer who operates a high-volume, independent sole proprietorship.

"Partner" denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation, or a member of an association authorized to practice law.

26 / 30

The standard of "reasonable" conduct for a lawyer is defined by the actions of which theoretical figure?

A lawyer whose conduct is affirmed by a majority vote of professional peers.

A reasonably prudent and competent lawyer.

An attorney certified as a specialist in the particular area of law.

A lawyer whose actions always result in the most advantageous outcome for the client.

"Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

27 / 30

What combination of factors must be present for a lawyer to hold a "reasonable belief" regarding a matter?

The lawyer must have actual knowledge of the facts and the belief must be documented in the file.

The lawyer believes the matter, provided the conclusion aligns with existing statutory requirements.

The lawyer must have received formal notification and the facts are easily verifiable by a third party.

The lawyer believes the matter in question, and the circumstances are such that the belief is reasonable.

"Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

28 / 30

What does the term "reasonably should know" indicate regarding a lawyer’s conduct?

That the lawyer has been placed on constructive notice of the matter by a governing body.

That the lawyer's belief is supported by the facts known to the client at the time of retention.

That a lawyer of reasonable prudence and competence would ascertain the matter in question.

That the lawyer has a duty to disclose all non-privileged information to the opposing party.

"Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

29 / 30

What are the key components of the definition of "Screened" as applied to a lawyer in a firm?

Voluntary withdrawal from the matter, financial remuneration, and public notice of the conflict resolution.

Timely isolation from participation, protection of obligated information, and reasonable adequacy of procedures.

Official segregation from client contact, documented approval from the affected client, and court oversight.

Transfer of the matter to a separate branch office, removal from the firm's client communication systems, and internal audit.

"Screened" denotes the isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.

30 / 30

When is a matter considered "Substantial" in reference to its degree or extent?

When it denotes a material matter of clear and weighty importance.

When the client deems the matter significant enough to require expert representation.

When it is the subject of ongoing litigation or investigation by governmental authorities.

When it poses a risk of financial loss exceeding a specified jurisdictional threshold.

"Substantial" when used in reference to degree or extent denotes a material matter of clear and weighty importance.

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MPRE_Basic_3

1 / 30

A body acts in an "adjudicative capacity" for the purpose of defining a Tribunal when which condition is met?

The body is composed of three or more members who must reach a unanimous decision on the matter presented.

The body is authorized to issue subpoenas and compel the production of documents from non-parties.

The body serves as an appellate review mechanism for decisions made by lower courts or administrative agencies.

A neutral official will render a binding legal judgment directly affecting a party's interests after the presentation of evidence or legal argument.

"Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.

2 / 30

What must be attached to or logically associated with a writing for it to be considered "signed" in the context of electronic communications?

A unique digital certificate issued by a recognized governmental authority.

A printed copy of the electronic document bearing a physical, wet-ink signature.

An electronic sound, symbol, or process executed or adopted by a person with the intent to sign the writing.

A cryptographic hash of the document transmitted via a secure, encrypted network.

"Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording, and electronic communications. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

3 / 30

What are the specific requirements for a lawyer to provide competent representation to a client?

Retaining sufficient ancillary staff to manage complex litigation and consulting a certified specialist in the field.

Ensuring the client is fully informed of all procedural rules and maintaining strict professional objectivity.

Having substantial legal experience, maintaining comprehensive professional insurance, and achieving superior results.

Possessing the requisite legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

4 / 30

Regarding the division of authority, which decision must a lawyer abide by in both civil and criminal matters?

The client's decision on whether to proceed to appeal after an adverse verdict has been rendered.

The client's decision on whether to settle a matter.

The client's decision regarding the general strategy and means by which objectives are pursued.

The client's decision to pursue concurrent legal actions in different jurisdictions.

Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter.

5 / 30

Which three critical decisions must a lawyer abide by the client's determination on in a criminal case, after appropriate consultation?

Whether to challenge the jurisdiction, whether to hire a private investigator, and whether to accept a deferred prosecution agreement.

The selection of co-counsel, the allocation of legal costs, and the decision on a potential change of venue.

The filing of pre-trial motions, the cross-examination strategy for key witnesses, and the selection of expert witnesses.

The plea to be entered, whether to waive jury trial, and whether the client will testify.

In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

6 / 30

What implication is not made simply by a lawyer’s representation of a client, even if the representation is by appointment?

That the lawyer endorses the client's political, economic, social or moral views or activities.

That the lawyer has a basic level of professional competence required for the engagement.

That the representation is based on the client having paid all necessary legal fees in advance.

That the lawyer has a thorough understanding of all the client's affairs.

A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

7 / 30

Under what conditions may a lawyer permissibly limit the scope of representation?

If the limitation is reasonable under the circumstances and the client gives informed consent.

If the client agrees to reduce the lawyer's liability for malpractice, regardless of the circumstances.

If the representation would otherwise pose a concurrent conflict of interest to the lawyer’s firm.

If the lawyer believes the limited scope will result in an advantageous financial outcome for the client.

A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

8 / 30

A lawyer is prohibited from assisting a client in criminal or fraudulent conduct, but what discussion regarding such proposed conduct remains permissible?

Discussing means to destroy evidence relating to the proposed conduct if the client gives informed consent.

Discussing the legal consequences and counseling or assisting the client to make a good faith effort to determine the validity, scope, meaning or application of the law.

Discussing only the potential incarceration penalties associated with the proposed conduct.

Discussing the likelihood of avoiding detection by governmental authorities through specific methods.

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

9 / 30

What is the requirement for a lawyer regarding speed and effectiveness in representing a client?

A lawyer shall prioritize efficiency and rapid resolution above all other objectives.

A lawyer shall act with reasonable diligence and promptness in representing a client.

A lawyer shall only proceed with legal action upon assurance of achieving a favorable outcome promptly.

A lawyer shall only consult with the client after all necessary preparatory actions have been completed diligently.

A lawyer shall act with reasonable diligence and promptness in representing a client.

10 / 30

What is the lawyer’s required action regarding any decision or circumstance that requires the client's informed consent?

The lawyer must obtain a signed waiver from the client acknowledging the lack of consultation.

The lawyer must promptly inform the client of that decision or circumstance.

The lawyer must immediately notify the opposing party in writing of the required consent decision.

The lawyer must consult with an ethics advisory committee to confirm the decision is appropriate.

A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules.

11 / 30

What specific duty does a lawyer have regarding the means by which a client’s objectives are pursued?

To defer entirely to the client's direction regarding procedural tactics in litigation.

To document in writing the definitive strategy chosen and obtain the client's signature confirming approval of the means.

To reasonably consult with the client about the means by which the client's objectives are to be accomplished.

To zealously pursue the objectives using any means that are technically legal under the jurisdiction.

A lawyer shall: (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished.

12 / 30

How frequently must a lawyer communicate the progression of a matter to the client?

The lawyer must promptly notify the client only when a significant decision has been made by the tribunal.

The lawyer should communicate the status only upon the receipt of a formal request from the client.

The lawyer must provide a comprehensive written update on the status at least once per calendar month.

The lawyer shall keep the client reasonably informed about the status of the matter.

A lawyer shall: (3) keep the client reasonably informed about the status of the matter.

13 / 30

What must a lawyer do if the client expects assistance that is not permitted by the Rules of Professional Conduct or other law?

The lawyer shall provide a detailed written explanation of the governing law and rules.

The lawyer must consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows the client expects such assistance.

The lawyer must comply with the reasonable request for information but refuse the requested assistance.

The lawyer must immediately terminate the representation to avoid ethical compromise.

A lawyer shall: (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

14 / 30

To what extent must a lawyer explain a legal matter to a client?

Only to the extent necessary to satisfy the requirements of prompt communication under the Rules.

To the fullest extent possible, disclosing all complex procedural details, regardless of the client's capacity to understand.

To the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Only upon the client's specific written request for a formal legal interpretation of the issues.

A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

15 / 30

What is the foundational ethical prohibition regarding the fees a lawyer may agree to, charge, or collect?

A lawyer shall not make an agreement for, charge, or collect a fee that is contingent upon securing a divorce.

A lawyer shall not make an agreement for, charge, or collect a fee that deviates from the customarily charged rate in the locality.

A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.

A lawyer shall not make an agreement for, charge, or collect a fee without prior written approval from a court of appropriate jurisdiction.

A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following.

16 / 30

Which factor considered when determining the reasonableness of a fee relates to the lawyer's professional standing?

The experience, reputation, and ability of the lawyer or lawyers performing the services.

Whether the fee is fixed or contingent upon a positive outcome.

The time limitations imposed by the client or by the circumstances of the matter.

The amount involved and the results ultimately obtained by the lawyer.

The factors to be considered in determining the reasonableness of a fee include the following: (7) the experience, reputation, and ability of the lawyer or lawyers performing the services.

17 / 30

Which factor for determining the reasonableness of a fee involves the relationship between the case and the lawyer’s professional limitations?

The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.

The nature and length of the professional relationship established with the client.

The fee customarily charged in the locality for similar legal services in complex matters.

The novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.

The factors to be considered in determining the reasonableness of a fee include the following: (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.

18 / 30

When must the basis or rate of the fee and expenses be communicated to the client?

Only if the fee arrangement involves a contingent fee structure or the matter is classified as complex litigation.

Exclusively in writing at the moment the client provides informed consent to the representation.

Preferably in writing, before or within a reasonable time after commencing the representation, unless charging a regularly represented client on the same basis or rate.

Prior to any communication with the opposing party, regardless of the fee structure selected.

The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

19 / 30

What two critical components concerning expenses must a contingent fee agreement specifically state in writing, signed by the client?

The lawyer’s hourly rate for time spent on discovery and the client's option to switch to a fixed fee structure.

Litigation and other expenses to be deducted from the recovery, and whether such expenses are deducted before or after the contingent fee is calculated.

The estimate of total expenses to be incurred and the identity of all vendors providing services.

The percentage accrued to the lawyer and the fixed maximum amount of litigation expenses.

A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated.

20 / 30

After the conclusion of a contingent fee matter, what specific documentation must the lawyer provide to the client?

An itemized list of potential tax liabilities resulting from the recovery amount.

A complete record of all professional time and labor expended on the matter, calculated hourly.

A certified copy of the judgment or settlement document and a notarized receipt for legal costs.

A written statement showing the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

21 / 30

In a domestic relations matter, a lawyer is prohibited from collecting a fee that is contingent upon which outcome?

The commencement of alternative dispute resolution proceedings between the parties.

The establishment of parental visitation rights or the filing of the initial complaint.

The total value of marital assets recovered during the discovery phase of the litigation.

Securing a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.

A lawyer shall not enter into an arrangement for, charge, or collect: (1) 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.

22 / 30

What is the specific prohibition regarding contingent fees in criminal cases?

A lawyer shall not charge a fixed fee that exceeds the estimated contingent recovery in a criminal case.

A lawyer shall not enter into a contingent fee agreement for representing a defendant in a criminal case.

A lawyer shall not accept a contingent fee unless it is based solely on the recovery of seized property in a criminal case.

A lawyer shall not collect any fee in a criminal matter until the conclusion of all post-conviction appeals.

A lawyer shall not enter into an arrangement for, charge, or collect: (2) a contingent fee for representing a defendant in a criminal case.

23 / 30

What is one mandatory condition for dividing a fee between lawyers who are not in the same firm?

The division must be approved by the presiding judge after reviewing the complexity of the matter.

The division must be based solely on the financial recovery secured for the client, excluding expense reimbursement.

The division must be in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation.

The division must be equal among all participating lawyers regardless of their contribution to the case outcome.

A division of a fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation.

24 / 30

Regarding fee division between unaffiliated lawyers, what specific detail must the client agree to and confirm in writing?

The projected hourly billing rate for each lawyer involved in the consultation process.

The justification for why joint responsibility was necessary for the client's matter.

The total anticipated expenditure on litigation costs and expert witness fees.

The arrangement, including the share each lawyer will receive.

A division of a fee between lawyers who are not in the same firm may be made only if: (2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing.

25 / 30

Which three explicit circumstances permit a lawyer to reveal information relating to the representation of a client without the client’s informed consent?

The disclosure is impliedly authorized in order to carry out the representation, or the client gives informed consent, or the disclosure is permitted by paragraph (b).

The disclosure is requested by opposing counsel for discovery purposes, or the information relates to tax liability, or the client is deceased.

Disclosure is impliedly authorized to carry out the representation, or disclosure is permitted by paragraph (b), or when the client agrees to reduce the scope of representation.

The lawyer determines the information is not material, or the information has become generally known, or the client is seeking criminal assistance.

A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

26 / 30

A lawyer may reveal confidential client information to the extent reasonably necessary to prevent what immediate and severe harm?

Reasonably certain death or substantial bodily harm.

The possibility of the client defaulting on a loan secured by personal property.

Material financial loss to the lawyer resulting from non-payment of outstanding fees.

Minor violations of civil statutes in a related judicial proceeding.

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent reasonably certain death or substantial bodily harm.

27 / 30

What combination of factors allows a lawyer to reveal client information to prevent a financial injury to another party?

The client has made a public statement suggesting fraudulent intent, and the lawyer determines the disclosure will mitigate any potential disciplinary action against the firm.

The client has violated a court order related to discovery, and the lawyer has a fundamental disagreement with the client's objectives.

The client has attempted to negotiate an aggregate settlement with multiple victims, and the lawyer is withdrawing from representation.

The client is committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another, and the client has used or is using the lawyer's services in furtherance of the crime or fraud.

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services.

28 / 30

For which specific purpose related to the lawyer's own ethical compliance may a lawyer reveal client information?

To establish a financial claim against the client for failure to fulfill contractual obligations.

To publicly assert the lawyer's innocence if the client has caused material difficulty in the representation.

To secure legal advice about the lawyer's compliance with these Rules.

To petition the appropriate tribunal for permission to limit the scope of representation.

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (4) to secure legal advice about the lawyer's compliance with these Rules.

29 / 30

When involved in a controversy with a client, for what specific reason may a lawyer reveal confidential information?

To prove the client was advised by other independent counsel regarding the disputed matter.

To establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved.

To voluntarily disclose information to the tribunal concerning the client's past legal history.

To intimidate the client into fulfilling a financial obligation to the lawyer regarding service fees.

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client.

30 / 30

Under what limitation can a lawyer reveal confidential client information to detect and resolve conflicts of interest related to a change in employment or firm composition?

Only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

Only if the change of employment involves moving from private practice to a government agency role.

Only if the information has already been disclosed to the firm's management structure for internal compliance review.

Only if the client has already given specific, informed consent for the disclosure of non-material information.

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

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MPRE_Basic_4

1 / 30

What general effort must a lawyer make regarding information related to client representation?

A lawyer shall ensure all client documents are filed under seal with the appropriate judicial authority.

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

A lawyer shall transfer all confidential electronic communications to an encrypted, off-site storage facility immediately upon receipt.

A lawyer shall secure judicial permission before accessing electronic data stored remotely.

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

2 / 30

What condition defines a concurrent conflict of interest where direct adversity is not the determining factor?

The representation involves the lawyer acting as a third-party neutral or mediator for the two potentially adverse clients.

There is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, a third person, or by a personal interest of the lawyer.

The lawyer possesses confidential government information that could be used to the material disadvantage of one client.

The client fails to fulfill a substantial obligation regarding the lawyer's services after reasonable warning.

A concurrent conflict of interest exists if: (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

3 / 30

If a concurrent conflict of interest exists, representation is still permitted provided which specific requirement concerning the tribunal is met?

The representation must be limited in scope and must avoid addressing any issues actively pending before the highest judicial authority.

The lawyer must promptly notify the tribunal in writing that the conflict exists and is being managed internally by the firm.

The tribunal must issue a protective order ensuring the lawyer's personal interests do not interfere with the client's representation.

The representation must not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.

Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.

4 / 30

When representation is permitted despite a concurrent conflict, what must each affected client provide?

Written authorization for the lawyer to seek independent legal counsel regarding the conflict.

Written assurance that the representation will not result in an unreasonable financial burden on the lawyer.

A declaration under oath stating they understand the material risks of continued joint representation.

Informed consent, confirmed in writing.

Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (4) each affected client gives informed consent, confirmed in writing.

5 / 30

Before entering into a business transaction with a client, the lawyer must transmit the terms in writing, fully disclosed, in a manner that can be reasonably understood by the client, and ensure the transaction and terms are what?

Subject to review by the state's professional disciplinary board.

Approved by the court and supported by independent actuarial data.

Contingent upon the successful outcome of pending litigation.

Fair and reasonable to the client.

A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client.

6 / 30

Before a lawyer enters into a business transaction with a client, what advice must the lawyer give the client concerning independent legal counsel?

The client must submit the identity of the independent counsel to the lawyer in advance for conflict checking purposes.

The client must be advised in writing of the desirability of seeking and be given a reasonable opportunity to seek the advice of independent legal counsel on the transaction.

The client must certify that seeking independent counsel would create an unreasonable financial burden.

The client must confirm that the lawyer will pay all fees for the independent counsel's transactional review.

A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction.

7 / 30

When may a lawyer permissibly use information related to the representation of a client to the client’s disadvantage?

When the lawyer determines the disadvantage is minor and necessary to protect the firm’s reputation.

When the client gives informed consent, except as permitted or required by these Rules.

When such use is required by a formal court order compelling disclosure in a separate proceeding.

When the information has become generally known due to public disclosure by a third party.

A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules.

8 / 30

Under what condition can a lawyer prepare a document for a client that provides a substantial gift to the lawyer or a related person?

When the lawyer has advised the client to seek independent legal counsel before executing the gift document.

When the gift constitutes compensation for services rendered and the fee arrangement was communicated in writing.

When the gift is a testamentary gift and the client has confirmed the intention in writing signed by a third-party witness.

When the client is the lawyer's grandparent or another person with whom the lawyer maintains a close, familial relationship.

A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.

9 / 30

Before the conclusion of client representation, what kind of agreement is a lawyer prohibited from making or negotiating with the client?

An agreement setting limits on future financial assistance related to prospective litigation.

An agreement defining the terms under which the lawyer will share client data with affiliated lawyers in the firm.

An agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

An agreement specifying the lawyer's access to the client’s proprietary business information after the case conclusion.

Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

10 / 30

What type of financial assistance may a lawyer always advance to any client, regardless of indigence, with repayment potentially contingent on the outcome?

Funding for expert witnesses or private investigators necessary for trial preparation.

Modest cash gifts for basic living expenses like rent or food.

Court costs and expenses of litigation.

Guaranteed bond payment or similar collateral required by a court.

A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter.

11 / 30

What restriction applies to the payment of court costs and expenses of litigation when the lawyer is representing an indigent client?

The lawyer may pay court costs and expenses of litigation on behalf of the client.

The lawyer must obtain a court order confirming the client's indigent status prior to making any payment.

The costs must be advanced as a loan, repayment of which is non-contingent on the outcome.

The repayment of the costs must be secured by the client's future earnings or property settlement.

A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

12 / 30

What is the key restriction regarding a lawyer accepting reimbursement from a client or the client's relatives for modest gifts provided to an indigent pro bono client?

The lawyer may not seek or accept reimbursement from the client, a relative of the client, or anyone affiliated with the client.

Reimbursement is permitted provided the client gives a second, signed informed consent after the gifts are provided.

Reimbursement may only be sought if the client secures a financial recovery in the matter.

The lawyer may seek reimbursement only from a nonprofit organization affiliated with the representation.

A lawyer representing an indigent client pro bono, a lawyer representing an indigent client pro bono through a nonprofit legal services or public interest organization and a lawyer representing an indigent client pro bono through a law school clinical or pro bono program may provide modest gifts to the client for food, rent, transportation, medicine and other basic living expenses. The lawyer: (ii) may not seek or accept reimbursement from the client, a relative of the client or anyone affiliated with the client.

13 / 30

When accepting compensation for representing a client from a third party, what condition is necessary to protect the professional relationship?

The third party must be related to the client within the first degree of consanguinity.

The compensation must be substantially less than the customary fee charged for similar legal services.

There must be no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship.

The client must agree in writing that the third party is entitled to receive status updates on the representation.

A lawyer shall not accept compensation for representing a client from one other than the client unless: (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship.

14 / 30

What is the required disclosure a lawyer must make to clients when participating in an aggregate settlement of claims?

A guarantee that the aggregate amount is fair and reasonable relative to the total potential recovery.

The projected tax consequences of the settlement amounts and the lawyer’s contingency fee percentage.

A detailed statement of how the claims were valued and the lawyer’s rationale for recommending the settlement.

The existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.

A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.

15 / 30

Under what condition can a lawyer prospectively limit their liability to a client for malpractice?

When the client waives the right to seek independent counsel regarding the agreement.

When the client is independently represented in making the agreement.

When the agreement is fully disclosed in writing and the limitation is deemed reasonable under the circumstances.

When the limitation is restricted only to non-material errors committed during the discovery phase.

A lawyer shall not: (1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement.

16 / 30

What is required of a lawyer before settling a malpractice claim with an unrepresented client or former client?

The lawyer must submit the proposed settlement terms to the state bar association for formal review and approval.

The lawyer must agree to keep all terms of the settlement strictly confidential and under seal.

The lawyer must advise the person in writing of the desirability of seeking and give them a reasonable opportunity to seek the advice of independent legal counsel.

The lawyer must agree to waive any claim for outstanding legal fees owed by the client or former client.

A lawyer shall not: (2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection therewith.

17 / 30

A lawyer is generally prohibited from acquiring a proprietary interest in the subject matter of litigation for a client, except for which two specific exceptions?

Acquiring ownership of the client's business interests related to the suit, and securing a personal guarantee for payment of costs.

Acquiring literary or media rights to the case account, and contracting for a fixed fee paid from the potential recovery.

Acquiring a mortgage on the client's personal residence, and being named as a beneficiary in the client's will.

Acquiring a lien authorized by law to secure the lawyer's fee or expenses, and contracting for a reasonable contingent fee in a civil case.

A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1) acquire a lien authorized by law to secure the lawyer's fee or expenses; and (2) contract with a client for a reasonable contingent fee in a civil case.

18 / 30

When is a sexual relationship between a lawyer and a client permissible?

When a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

When the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client adequately.

When the relationship develops after the filing of the initial complaint but before the conclusion of discovery.

When the client gives informed consent, confirmed in a writing signed by the client and an independent witness.

A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.

19 / 30

What is the imputation rule concerning the specific conflict rules in Rule 1.8 (a) through (i)?

The prohibition only applies to other lawyers in the firm if they acquired confidential information about the client.

If a prohibition in those paragraphs applies to any one lawyer associated in a firm, it shall apply to all of them.

If a prohibition applies to one lawyer, it only applies to others if the conflict poses a substantial financial risk to the firm.

The prohibition is waived if the conflicted lawyer is timely screened from any participation in the matter and is apportioned no fee.

While lawyers are associated in a firm, a prohibition in the foregoing paragraphs (a) through (i) that applies to any one of them shall apply to all of them.

20 / 30

A lawyer who formerly represented a client is prohibited from subsequently representing another person in the same or a substantially related matter under which condition?

If the former client fails to seek independent legal counsel regarding the lawyer's new engagement.

If the lawyer determines that the new person cannot fulfill the financial obligation to pay fees and expenses.

If the new representation involves a domestic relations matter where the fee is contingent upon securing alimony.

If the new person's interests are materially adverse to the interests of the former client, unless the former client gives informed consent, confirmed in writing.

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

21 / 30

Regarding a lawyer's prior association with a firm, when is the lawyer prohibited from knowingly representing a new person in a substantially related matter?

If the lawyer was a partner in the former firm and the new representation is reasonably certain to result in substantial injury to the former client.

If the former firm client has not yet settled any claims related to the matter in question before a tribunal.

If the former firm client's interests are materially adverse to the new person, AND the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter.

If the new representation requires the lawyer to communicate with the former client about means by which objectives are to be pursued.

A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed consent, confirmed in writing.

22 / 30

A lawyer who has formerly represented a client is prohibited from using information related to that representation to the disadvantage of the former client unless the information has done what?

Has been deemed irrelevant to the current matter by an administrative agency.

Has been reviewed and approved for use by a supervising partner in the current firm.

Has been publicly disclosed by the lawyer in response to allegations of misconduct.

Has become generally known.

A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known.

23 / 30

If a conflict of interest disqualifies a lawyer under Rule 1.7 or 1.9, when is the prohibition not imputed to other lawyers associated in the same firm?

If the firm implements a system that restricts the disqualified lawyer's access to the firm's central filing system.

If the prohibition is based on a personal financial interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

If the firm ensures the total fee charged to the client for the matter remains reasonable and fair.

If the conflict arises from the disqualified lawyer’s past professional service as a third-party neutral or mediator.

While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless (1) the prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

24 / 30

If a lawyer is disqualified based on prior association with a former firm (Rule 1.9(a) or (b)), which specific compensation measure must be taken by the current firm to avoid imputed disqualification?

The fee structure must be converted from contingent to a fixed fee arrangement for the matter.

The disqualified lawyer must be apportioned no part of the fee therefrom.

The disqualified lawyer must receive compensation commensurate with the services provided, provided it is not characterized as a "fee."

The firm must agree to reduce the overall fee charged to the client to account for the conflict.

The prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer’s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.

25 / 30

To comply with screening procedures for an imputed conflict, what must the prompt written notice given to an affected former client include?

A detailed financial projection showing that the former client's financial interests will not be materially prejudiced by the new representation.

A guarantee that the matter will be settled within ninety (90) days to avoid prolonged litigation.

The names and contact information of all remaining lawyers in the firm who will be responsible for the representation.

A description of the screening procedures employed, a statement of compliance, a statement that review may be available before a tribunal, and an agreement by the firm to respond promptly to inquiries.

written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this Rule, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened lawyer's compliance with these Rules; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures.

26 / 30

When a lawyer leaves a firm, under what condition is the remaining firm prohibited from representing a person with interests materially adverse to those of a client the formerly associated lawyer represented?

If the client represented by the formerly associated lawyer has filed a grievance against the former firm regarding billing practices.

If the formerly associated lawyer provides a written declaration stating the representation would cause substantial prejudice to the former client.

If the new representation requires the remaining firm to act as an evaluator and report findings to external third parties.

If the matter is the same or substantially related AND any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.

When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless: (1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that is material to the matter.

27 / 30

When a lawyer formerly served as a public officer or employee of the government, they are prohibited from representing a client in connection with a matter in which the lawyer participated personally and substantially, unless what exception applies?

The appropriate government agency gives its informed consent, confirmed in writing, to the representation.

The matter is deemed by a tribunal to be non-adjudicative, non-controversial, and of minor public consequence.

The lawyer makes reasonable efforts to avoid acquiring any confidential information related to the matter in the new role.

The client is indigent, and the lawyer is providing the service pro bono through a public interest organization.

Except as law may otherwise expressly permit, a lawyer who has formerly served as a public officer or employee of the government: (2) shall not otherwise represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.

28 / 30

If a former government lawyer is disqualified from representation, what is the required condition for the lawyer’s new firm to undertake or continue representation in the same matter?

The disqualified lawyer must sever all financial ties to the government agency they formerly served.

The government agency must confirm that the disqualified lawyer did not have decision-making authority in the original matter.

The firm must obtain a judicial order confirming that the transfer of the lawyer does not prejudice the government's interest.

The disqualified lawyer must be timely screened from any participation in the matter and is apportioned no part of the fee therefrom.

When a lawyer is disqualified from representation under paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this Rule.

29 / 30

What key characteristics define "confidential government information" for the purpose of special conflicts rules?

Any non-public information acquired by the government lawyer that could be used to the material disadvantage of the government agency.

Information concerning the personal finances or employment status of a government official or employee.

Information obtained under governmental authority which the government is prohibited by law or legal privilege from disclosing to the public, and which is not otherwise available to the public.

Information that relates to national security or highly sensitive proprietary trade secrets belonging to a government contractor.

As used in this Rule, the term "confidential government information" means information that has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose and which is not otherwise available to the public.

30 / 30

When a lawyer currently serving as a public officer or employee participated personally and substantially in a matter while in private practice, under what circumstance may they participate in the matter while employed by the government?

If the appropriate government agency gives its informed consent, confirmed in writing.

If the matter is determined to be non-adversarial and involves only advisory legal opinions for internal use.

If the lawyer has been screened from all other government lawyers involved in the matter.

If the government lawyer restricts their participation to administrative functions that do not involve substantive decision-making.

Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee: (2) shall not: (i) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing.

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1 / 30

What is the prohibition regarding current government lawyers negotiating for private employment with a person involved in a matter they are substantially participating in?

They may negotiate only after the matter has been resolved and all avenues of appeal have been exhausted.

They must obtain informed consent from the party seeking to employ them, confirmed in writing.

They are permitted to negotiate, provided they promptly notify the highest authority within their government agency.

They shall not negotiate for private employment with any person who is involved as a party or as lawyer for a party in the matter.

Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee: (ii) negotiate for private employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for private employment as permitted by Rule 1.12(b) and subject to the conditions stated in Rule 1.12(b).

2 / 30

In the context of government conflicts, which of the following is explicitly included in the definition of "matter"?

Any formal disciplinary review concerning the conduct of a government employee.

Any non-binding mediation or informal consultation between government agencies concerning budgetary issues.

Any judicial or other proceeding, contract, claim, controversy, investigation, charge, accusation, or arrest involving a specific party or parties.

Any policy review or administrative rulemaking that broadly affects governmental operations.

As used in this Rule, the term "matter" includes: (1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties, and (2) any other matter covered by the conflict of interest rules of the appropriate government agency.

3 / 30

What condition must be met for a lawyer who formerly participated personally and substantially as a judge or other third-party neutral to represent anyone in connection with that same matter?

All parties to the proceeding must give informed consent, confirmed in writing.

The representation must be limited in scope to issues that were not adjudicated in the former role.

The lawyer must provide a sworn statement that no confidential information was acquired during the former role.

The lawyer must have received no compensation for their service as a judge or third-party neutral.

A lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

4 / 30

When is a lawyer serving as a law clerk permitted to negotiate for private employment with a party involved in a matter in which the clerk is substantially participating?

Only upon the grant of permission from the highest authority of the tribunal.

Only if the negotiation is conducted through a certified mediator or intermediary.

Only after the judge or adjudicative officer has issued their final ruling in the matter.

Only after the lawyer has notified the judge or other adjudicative officer.

A lawyer serving as a law clerk to a judge or other adjudicative officer may negotiate for employment with a party or lawyer involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge or other adjudicative officer.

5 / 30

If a former judge is disqualified from a matter and the disqualification is imputed to their firm, what must be done to enable the parties to ascertain compliance with the screening procedures?

The disqualified judge must retire permanently from the practice of law within the jurisdiction.

The firm must submit all internal screening documentation for public inspection.

Written notice must be promptly given to the parties and any appropriate tribunal.

The firm must obtain signed waivers from all parties acknowledging the conflict is resolved.

If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: (2) written notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this Rule.

6 / 30

Which type of neutral professional is explicitly not prohibited from subsequently representing the party who selected them?

A judge or other adjudicative officer who made preliminary non-binding rulings.

An arbitrator selected as a partisan of a party in a multimember arbitration panel.

A third-party neutral who was retained by the tribunal to mediate settlement discussions.

A law clerk who previously drafted memoranda on the substantive law of the case.

An arbitrator selected as a partisan of a party in a multimember arbitration panel is not prohibited from subsequently representing that party.

7 / 30

For a lawyer employed or retained by an organization, who does the lawyer primarily represent?

The organization acting through its duly authorized constituents.

The highest authority within the organization, such as the Board of Directors or shareholders.

The legal department itself, which oversees compliance with all applicable laws.

The individual officer or employee responsible for the matter leading to the representation.

A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.

8 / 30

If a lawyer for an organization knows a constituent's action or refusal to act is a violation likely to result in substantial injury to the organization, what is the lawyer's necessary action, unless reasonably believed to be unnecessary?

The lawyer shall advise the constituent that they must seek independent counsel immediately regarding the anticipated violation.

The lawyer shall obtain informed consent from the constituent before proceeding with any remedial internal action.

The lawyer shall proceed as is reasonably necessary in the best interest of the organization, and refer the matter to higher authority in the organization, up to the highest authority.

The lawyer shall immediately resign from the representation and report the violation to external regulators.

If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law that reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances to the highest authority that can act on behalf of the organization as determined by applicable law.

9 / 30

Under what conditions may a lawyer for an organization reveal information relating to the representation, even if Rule 1.6 would not otherwise permit disclosure?

If the highest authority insists upon or fails to address in a timely and appropriate manner an action that is clearly a violation of law, AND the lawyer reasonably believes the violation is reasonably certain to result in substantial injury to the organization.

If the lawyer determines that the violation exposes the lawyer to a personal risk of criminal prosecution or civil liability.

If the lawyer has been discharged by the highest authority due to the lawyer's internal reporting efforts.

If the disclosure is necessary to prevent the organization from defaulting on a loan or violating a substantial business contract.

Except as provided in paragraph (d), if (1) despite the lawyer's efforts in accordance with paragraph (b) the highest authority that can act on behalf of the organization insists upon or fails to address in a timely and appropriate manner an action, or a refusal to act, that is clearly a violation of law, and (2) the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation whether or not Rule 1.6 permits such disclosure, but only if and to the extent the lawyer reasonably believes necessary to prevent substantial injury to the organization.

10 / 30

The permissive disclosure (whistleblowing) Rule for organizational lawyers does NOT apply to information relating to which type of representation?

Representation involving complex litigation where the organization's highest authority is not actively involved in the decision-making process.

Representation concerning securing legal advice about the lawyer's own compliance with the Rules of Professional Conduct.

Representation undertaken to investigate an alleged violation of law, or to defend the organization or a constituent against a claim arising out of an alleged violation of law.

Representation concerning the organization’s overall compliance strategy or corporate restructuring plans.

Paragraph (c) shall not apply with respect to information relating to a lawyer's representation of an organization to investigate an alleged violation of law, or to defend the organization or an officer, employee or other constituent associated with the organization against a claim arising out of an alleged violation of law.

11 / 30

If a lawyer is discharged or withdraws due to actions taken to report potential violations to the organization's higher authority, what must the lawyer ensure?

That the lawyer is fully compensated for all services rendered up to the date of discharge or withdrawal.

That the lawyer promptly advises the constituent who caused the violation that they may be liable for criminal penalties.

That the lawyer initiates a confidential, external investigation into the reasons for the discharge or withdrawal.

That the organization's highest authority is informed of the lawyer's discharge or withdrawal.

A lawyer who reasonably believes that he or she has been discharged because of the lawyer's actions taken pursuant to paragraphs (b) or (c), or who withdraws under circumstances that require or permit the lawyer to take action under either of those paragraphs, shall proceed as the lawyer reasonably believes necessary to assure that the organization's highest authority is informed of the lawyer's discharge or withdrawal.

12 / 30

When dealing with an organization's constituents (directors, officers, etc.) whose interests are adverse to the organization, what duty does the lawyer have?

The lawyer shall disclose the identity of the client only if the constituent requests clarification of the relationship.

The lawyer must immediately seek a court order clarifying the boundaries of the attorney-client privilege.

The lawyer must refuse to communicate with the constituents until they obtain independent legal counsel.

The lawyer shall explain the identity of the client when the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing.

In dealing with an organization's directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when the lawyer knows or reasonably should know that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing.

13 / 30

If an organization's consent is required for the dual representation of the organization and one of its constituents, who must grant that consent?

The client constituent who is seeking individual representation, provided they are not the highest authority.

A majority vote of all employees within the organizational department involved in the matter.

The individual constituent, who must receive advice from independent counsel prior to consenting.

An appropriate official of the organization other than the individual who is to be represented, or by the shareholders.

A lawyer representing an organization may also represent any of its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders.

14 / 30

When a client's capacity to make adequately considered decisions is diminished, what is the lawyer's primary responsibility?

To immediately seek the appointment of a guardian ad litem or conservator.

To maintain a normal client-lawyer relationship with the client, as far as reasonably possible.

To restrict the scope of representation to non-controversial, purely legal issues.

To prioritize the client’s instructions regardless of the resulting harm to their interests.

When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

15 / 30

Under what conditions may a lawyer take protective action, such as seeking a guardian ad litem, for a client with diminished capacity?

When the diminished capacity is a result of minority, and the client's parent or legal guardian insists on intervention.

When the client fails to provide informed consent, confirmed in writing, for a material decision in the representation.

When the lawyer's physical or mental condition materially impairs the lawyer's ability to provide competent representation.

When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken, and cannot adequately act in the client's own interest.

When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.

16 / 30

When a lawyer takes protective action for a client with diminished capacity, what is the scope of the lawyer's implied authorization to reveal confidential information?

The lawyer is impliedly authorized to reveal information about the client only to the extent reasonably necessary to protect the client's interests.

The lawyer must obtain a court order before revealing any information protected by Rule 1.6.

The lawyer is fully authorized to reveal all information related to the representation, provided the information is not generally known.

The lawyer is only permitted to reveal the minimum information required to secure legal advice about their compliance with the Rules.

Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.

17 / 30

Where must a lawyer maintain funds belonging to clients or third persons?

In an interest-bearing account segregated entirely from all firm operating capital, regardless of location.

In the lawyer's professional operating account, provided detailed accounting records are maintained.

In a specialized fiduciary trust regulated by the appropriate governmental treasury department.

In a separate account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person.

A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person.

18 / 30

For how long must a lawyer preserve complete records of client trust account funds and other property?

For a period of [ten years] after the last transaction involving the property.

For a period of [five years] after termination of the representation.

Until the statute of limitations expires for any potential malpractice claim related to the matter.

Until the client provides a written waiver authorizing the destruction of the records.

Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of [five years] after termination of the representation.

19 / 30

For what sole purpose is a lawyer permitted to deposit their own funds into a client trust account?

For the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.

To maintain a minimum balance required by the banking institution to avoid maintenance fees.

To ensure liquidity for immediate disbursement of client funds upon request.

To cover estimated operational expenses related to administering the trust accounts.

A lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose.

20 / 30

What requirement applies to legal fees and expenses that a client pays to the lawyer in advance?

They may be withdrawn immediately upon deposit, provided the lawyer renders a full accounting to the client promptly upon request.

They shall be deposited into a client trust account, to be withdrawn by the lawyer only as fees are earned or expenses incurred.

They must be retained in a separate escrow account until the lawyer provides a written statement of the total services performed.

They must be deposited into the lawyer’s general operating account and then transferred to the client trust account as incurred.

A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.

21 / 30

When a lawyer receives funds or other property in which a client or third person has an interest, what dual action is required?

The lawyer shall promptly notify the client or third person, and promptly deliver the funds or property the client or third person is entitled to receive (except as stated in the rule or permitted by law/agreement).

The lawyer shall deposit the funds in an interest-bearing account and use the accrued interest to cover administrative costs.

The lawyer shall notify the client only if the value of the property exceeds a substantial threshold defined by state law.

The lawyer shall immediately file a formal notification with the tribunal confirming receipt of the property and its value.

Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.

22 / 30

If a dispute arises over property held by a lawyer in which two or more persons (including the lawyer) claim interests, what action must the lawyer take?

The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute, and keep the disputed property separate until resolved.

The lawyer must immediately file an interpleader action with the appropriate tribunal to resolve the dispute.

The lawyer must forfeit any claim to the property and release all non-disputed portions to the opposing party.

The lawyer must disburse the disputed property to the third person unless the client provides signed written instructions to the contrary.

When in the course of representation a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute.

23 / 30

What is the overarching requirement a lawyer must fulfill regarding any representation before accepting or continuing it?

The lawyer shall require all clients to waive any potential conflicts of interest in advance.

The lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.

The lawyer shall provide a detailed written estimate of all fees and expenses likely to be incurred during the matter.

The lawyer shall consult with the most senior partner in the firm to confirm the competency requirements are met.

A lawyer shall inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation.

24 / 30

Which situation requires a lawyer to withdraw from representation, unless a tribunal orders otherwise?

The representation involves an aggregate settlement where the total fee is deemed potentially unreasonable.

The client insists upon taking an action with which the lawyer has a fundamental disagreement.

The client has failed substantially to fulfill an obligation to the lawyer regarding services without reasonable warning.

The representation will result in violation of the Rules of Professional Conduct or other law.

Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other law.

25 / 30

What is one criterion for mandatory withdrawal based on the client's intent regarding the lawyer's services?

The lawyer has acquired information that could be used to the material disadvantage of the client if representation continues.

The client's financial condition will result in an unreasonable financial burden on the lawyer if representation continues.

The client fails to disclose all material facts known to them regarding the matter to the lawyer.

The client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion regarding the limitations on the lawyer assisting with the proposed conduct.

Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (4) the client or prospective client seeks to use or persists in using the lawyer’s services to commit or further a crime or fraud, despite the lawyer’s discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct.

26 / 30

Under the permissive withdrawal rules, which of the following is considered "good cause" for termination?

If the representation would require the lawyer to limit the scope of representation due to a conflict of interest.

If the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent.

If the client requests that the lawyer waive potential liability for minor malpractice errors.

If the client refuses to allow the lawyer to communicate the basis of the fee in writing.

Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent.

27 / 30

A lawyer may withdraw if the client insists upon taking action that meets which two specific criteria?

The action results in an unreasonable financial burden on the lawyer or the lawyer has a personal interest in the outcome.

The action requires the lawyer to violate a non-material ethical standard and the lawyer is not fully protected by malpractice insurance.

The action is complex or novel, requiring substantial legal knowledge beyond the lawyer's area of expertise.

The action the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.

Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement.

28 / 30

Despite having good cause for terminating representation, what circumstance legally mandates a lawyer to continue the representation?

When ordered to do so by a tribunal.

When the withdrawal would result in an unreasonable financial burden on the tribunal itself.

When the lawyer has a proprietary interest in the cause of action being litigated.

When the client provides written confirmation that new counsel cannot be found within 90 days.

A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

29 / 30

Upon termination of representation, what action must a lawyer take concerning unearned funds?

Retaining the advance payment of fee or expense until the client formally waives any claim to its return.

Transferring all unearned funds to the opposing party to cover their litigation costs.

Surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

Depositing all remaining funds into the lawyer's personal operating account after providing a written statement of the calculation.

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

30 / 30

What two general categories of practice may a lawyer or law firm sell or purchase?

The firm's proprietary legal software licenses and all tangible office assets.

A law practice, or an area of law practice, including good will.

Only the fixed-fee contracts, excluding any contingent fee agreements currently in litigation.

A specialized field of legal education or all non-litigation consulting services.

A lawyer or a law firm may sell or purchase a law practice, or an area of law practice, including good will, if the following conditions are satisfied.

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1 / 30

What obligation does the seller of a law practice have regarding their engagement in private practice after the sale?

The seller must cease the private practice of law only if the sale involves the entire firm, not just an area of practice.

The seller must continue to serve as a consultant for five years to ensure a smooth transition of clientele.

The seller must restrict their future practice solely to non-litigation matters for a minimum of two years.

The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, in the geographic area or jurisdiction in which the practice has been conducted.

The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, [in the geographic area] [in the jurisdiction] (a jurisdiction may elect either version) in which the practice has been conducted.

2 / 30

If a client of a selling lawyer cannot be given notice of the proposed sale, how may the representation of that client be transferred to the purchaser?

Only if the purchasing firm agrees in writing to waive any potential conflict of interest arising from the lack of formal notice.

The representation must be terminated immediately, and the client advised to seek new counsel upon contact.

Only upon entry of an order so authorizing by a court having jurisdiction.

The seller must maintain the client's file until the client makes a request for the file or contacts the firm.

If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon entry of an order so authorizing by a court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of a file.

3 / 30

What is the key restriction concerning client fees charged subsequent to the sale of a law practice?

The fees charged clients shall not be increased by reason of the sale.

The purchasing lawyer must honor the seller's original fee arrangement for a period of at least one year.

The fees must be converted from an hourly rate to a fixed fee structure for all transferred clients.

The total fee collected must be deposited into a client trust account until the sale is finalized.

The fees charged clients shall not be increased by reason of the sale.

4 / 30

What is the definition of a "prospective client"?

A former client whose matter concluded less than [one year] ago and who requires advice on a related issue.

A person who enters into a formal agreement with a lawyer to conduct initial investigations into a legal issue.

A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter.

A person who pays an initial consultation fee to a lawyer regarding a potential matter.

A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

5 / 30

What duty does a lawyer have regarding information learned from a prospective client, even if no client-lawyer relationship ensues?

The lawyer must immediately return all documents and notes related to the consultation to the prospective client.

The lawyer must keep the information confidential until the prospective client seeks representation from another firm.

The lawyer may use the information for their own general legal research or scholarly purposes.

The lawyer shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client.

Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client.

6 / 30

What threshold must the information received from a prospective client meet for it to disqualify a lawyer from representing a client with materially adverse interests in the same or a substantially related matter?

The information relates to a crime or fraud that the prospective client has already successfully perpetrated.

The lawyer received information from the prospective client that could be significantly harmful to that person in the matter.

The lawyer received information that is generally known, but the prospective client considers it confidential.

The information concerns the prospective client's personal views, activities, or financial condition.

A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d).

7 / 30

If a lawyer is disqualified due to receiving significantly harmful information from a prospective client, which two parties must give informed consent, confirmed in writing, for the representation to become permissible?

The disqualified lawyer and the screening partner within the firm.

The lawyer's professional peer review committee and the appropriate disciplinary authority.

The affected client and the prospective client.

The presiding judge and the opposing counsel in the litigation matter.

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (1) both the affected client and the prospective client have given informed consent, confirmed in writing.

8 / 30

For a disqualified lawyer to be screened and avoid imputed disqualification, what must the lawyer who received the information specifically have done prior to the attempt at screening?

The lawyer who received the information must have taken reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client.

The lawyer must have advised the prospective client to consult with independent legal counsel before providing any detailed information.

The lawyer must have received a formal court order authorizing the limited scope of the information acquired during the initial consultation.

The lawyer must have publicly disclosed the general nature of the conflict to all parties involved in the litigation matter.

When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client.

9 / 30

What two fundamental requirements must a lawyer meet when representing a client in the role of Advisor?

The lawyer must exercise independent professional judgment and render candid advice.

The lawyer must prioritize the client’s instructions over the lawyer's professional assessment.

The lawyer must restrict advice solely to substantive law and existing precedent.

The lawyer must ensure the client prevails in the matter and document the advice in writing.

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.

10 / 30

In addition to legal analysis, what other types of factors may a lawyer appropriately reference when providing advice to a client?

Evidentiary, testimonial, and circumstantial factors pertaining to potential litigation.

Moral, economic, social, and political factors relevant to the client's situation.

Only financial and proprietary considerations that affect the client’s business solvency.

Personal, procedural, and administrative factors specific to the tribunal's jurisdiction.

In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.

11 / 30

Under what condition is a lawyer permitted to furnish an evaluation of a client's matter for use by an external third person?

If the evaluation pertains only to issues that have been publicly disclosed in open court proceedings.

If the client agrees to bear all costs associated with the evaluation process.

If the third person agrees to indemnify the lawyer against any future claims of professional negligence.

If the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client.

A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client.

12 / 30

If a lawyer knows or reasonably should know that an evaluation is likely to materially and adversely affect the client's interests, what is the mandatory precondition for providing that evaluation?

The lawyer shall obtain a judicial order confirming the necessity of the disclosure.

The lawyer shall not provide the evaluation unless the client gives informed consent.

The lawyer shall transfer responsibility for the evaluation to another lawyer in the firm.

The lawyer shall restrict the scope of the evaluation to non-confidential information.

When the lawyer knows or reasonably should know that the evaluation is likely to affect the client's interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.

13 / 30

Information related to an evaluation of a client's matter is protected by which specific Rule, except when disclosure is authorized in connection with the report?

The rule concerning client confidentiality (Rule 1.6).

The rule governing attorney fees and expenses.

The rule addressing communication with represented persons.

The rule protecting client funds and property.

Except as disclosure is authorized in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by Rule 1.6.

14 / 30

What specific activity characterizes a lawyer serving in the role of a third-party neutral?

Representing a government agency in an intragovernmental legal controversy between two administrative bodies.

Evaluating a client's legal affairs and reporting the findings exclusively to the client’s internal management team.

Assisting two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them.

Providing legal advice simultaneously to two opposing parties who have given informed written consent for dual representation.

A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them.

15 / 30

What are three examples of service a lawyer may provide as a third-party neutral?

Negotiator, evaluator, and expert witness.

Litigator, consultant, and court-appointed special master.

Counselor, advocate, and fiduciary agent.

Arbitrator, mediator, or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.

Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.

16 / 30

What is the immediate duty of a lawyer serving as a third-party neutral toward any unrepresented parties involved?

The lawyer shall recommend a specific outcome that is fair to all sides.

The lawyer shall inform them that the lawyer is not representing them.

The lawyer shall provide them with a comprehensive legal analysis of their rights.

The lawyer shall advise them to seek independent legal counsel immediately.

A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them.

17 / 30

When a lawyer knows or reasonably should know that an unrepresented party does not comprehend the lawyer's role as a third-party neutral, what action is required?

The lawyer must terminate the service to avoid potential conflicts of interest.

The lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client.

The lawyer must file a written declaration with the tribunal confirming the party's confusion.

The lawyer must postpone proceedings until the party secures legal representation.

When the lawyer knows or reasonably should know that a party does not understand the lawyer's role in the matter, the lawyer shall explain the difference between the lawyer's role as a third-party neutral and a lawyer's role as one who represents a client.

18 / 30

Which standard must be met before a lawyer can bring or defend a proceeding, or assert or controvert an issue therein?

The claim must have been reviewed and approved by a senior partner in the firm.

There must be a basis in law and fact for doing so that is not frivolous.

The action must guarantee a favorable financial outcome for the client.

The proceeding must be consistent with generally accepted standards of civil conduct.

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.

19 / 30

What kind of argument is explicitly included in the definition of a non-frivolous basis for bringing a claim or asserting an issue?

A good faith argument for an extension, modification or reversal of existing law.

An argument designed to disqualify opposing counsel due to ethical violations.

An argument based on newly discovered factual evidence that contradicts prior findings.

A purely emotional or philosophical argument regarding fundamental human rights.

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, which includes a good faith argument for an extension, modification or reversal of existing law.

20 / 30

In a criminal proceeding or one that could result in incarceration, how may a lawyer for the defendant nevertheless defend the proceeding without violating the non-frivolous requirement?

By requiring the prosecution to establish every element of the case.

By challenging the jurisdictional authority of the court in all circumstances.

By asserting an affirmative defense based on a reasonable misunderstanding of the law.

By relying solely on alibi witnesses whose credibility is easily verifiable.

A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

21 / 30

What is the lawyer’s professional responsibility regarding the speed of litigation?

A lawyer shall ensure the matter proceeds as slowly as possible to maximize discovery opportunities.

A lawyer shall prioritize the reduction of legal costs over the prompt resolution of the matter.

A lawyer shall defer entirely to the tribunal’s schedule to avoid appearing disruptive.

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

22 / 30

What is a lawyer prohibited from doing knowingly concerning statements made to a tribunal?

Presenting a legal theory that challenges the established procedural law of the controlling jurisdiction.

Asserting personal knowledge of facts in issue when acting solely as an advocate in the proceeding.

Making a statement of fact that the client believes to be untrue but which has not been disproven.

Failing to correct a false statement of material fact or law previously made to the tribunal by the lawyer.

A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.

23 / 30

If opposing counsel fails to disclose legal authority in the controlling jurisdiction that is directly adverse to the client's position, what action must the lawyer take?

The lawyer must disclose the adverse authority to the tribunal if it is known to the lawyer.

The lawyer must fail to disclose the adverse authority to the tribunal if it is known to the lawyer.

The lawyer must inform the client of the adverse authority and seek informed consent to proceed without disclosure.

The lawyer must file a motion to compel the opposing counsel to disclose the adverse authority.

A lawyer shall not knowingly: (2) fail to 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.

24 / 30

What is the immediate prohibition regarding evidence that a lawyer knows to be false?

The lawyer must disclose the falsity only if the evidence is testimonial in nature.

The lawyer shall only offer such evidence if it is directly beneficial to the client's defense.

The lawyer shall not knowingly offer such evidence.

The lawyer must immediately seek a protective order to shield the evidence from discovery.

A lawyer shall not knowingly: (3) offer evidence that the lawyer knows to be false.

25 / 30

If a lawyer, the client, or a witness has offered material evidence and the lawyer subsequently learns it is false, what immediate obligation arises?

The lawyer must inform the opposing counsel but maintain confidentiality regarding the source of the false evidence.

The lawyer must counsel the client to correct the testimony during cross-examination without intervention.

The lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

The lawyer must withdraw from representation and file a motion to strike the false evidence from the record.

If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

26 / 30

Under what circumstance related to false evidence may a lawyer refuse to offer specific evidence?

A lawyer may refuse to offer evidence that the lawyer reasonably believes is false, except for the testimony of a defendant in a criminal matter.

A lawyer may refuse to offer evidence that the lawyer reasonably believes is false, including the testimony of a defendant in a criminal matter.

A lawyer may refuse to offer evidence only if the client gives informed consent to the refusal.

A lawyer may refuse to offer evidence that the lawyer reasonably believes is false, provided the evidence is documentary, not testimonial.

A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

27 / 30

If a lawyer representing a client in an adjudicative proceeding knows a person intends to engage in criminal or fraudulent conduct related to the proceeding, what action must the lawyer take?

The lawyer must inform the client of the intended conduct and withdraw from the representation immediately.

The lawyer must wait until the criminal or fraudulent conduct has actually been completed before intervening.

The lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

The lawyer must seek to disqualify the person from participating in the proceeding as a witness.

A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

28 / 30

What is the duration of the duties of candor (Rule 3.3(a) and (b)), and what happens if these duties conflict with the duty of confidentiality (Rule 1.6)?

The duties are limited to the trial stage, but they allow disclosure of Rule 1.6 information only if the information relates to fraud on the court.

The duties last until the court issues a final judgment, and they are superseded by the duty of confidentiality if a conflict arises.

The duties cease when the appeal period expires, and compliance requires seeking judicial authorization to disclose Rule 1.6 information.

The duties continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

29 / 30

In an ex parte proceeding, what specific duty does a lawyer have regarding material facts known to them?

The lawyer must disclose all material facts to the opposing party before filing them with the tribunal, even in an ex parte setting.

The lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

The lawyer shall ensure that all material facts are filed under seal and presented to the tribunal only upon its specific request.

The lawyer shall only inform the tribunal of material facts that support the client's position, to maintain the adversarial structure.

In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

30 / 30

Which action is strictly prohibited concerning the access and management of potential evidentiary material?

Failing to produce documents in discovery if the lawyer reasonably believes the documents are not material to the case outcome.

Unlawfully obstructing another party's access to evidence or unlawfully altering, destroying, or concealing a document or other material having potential evidentiary value, or counseling or assisting another person to do such an act.

Making a good faith argument for an extension, modification, or reversal of existing law regarding evidentiary standards.

Requesting a client to gather all evidence into a single physical location for safekeeping during the discovery period.

A lawyer shall not: (a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act.

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MPRE_Basic_7

1 / 30

Which of the following is prohibited conduct related to evidence and witnesses?

Preparing an expert witness report that is based on scientific data provided by the client's in-house laboratory.

Requesting a relative of the client to voluntarily refrain from giving irrelevant information to the opposing party.

Falsifying evidence, counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law.

Advising a witness on the importance of accurately recalling facts during testimony.

A lawyer shall not: (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.

2 / 30

When can a lawyer openly refuse to comply with an obligation under the rules of a tribunal without facing disciplinary action for knowing disobedience?

When the lawyer believes that complying with the obligation would negatively impact the client's litigation objectives.

When the client provides informed consent, confirmed in writing, to the disobedience.

When the refusal is based on an assertion that no valid obligation exists.

When the lawyer files a written objection stating that the obligation is overly burdensome and financially prohibitive for the client.

A lawyer shall not: (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.

3 / 30

What behavior is prohibited in pretrial procedure regarding discovery?

Making a frivolous discovery request or failing to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

Consulting with the client about the means by which discovery objectives are to be accomplished.

Disclosing information relating to the representation to secure legal advice about compliance with discovery rules.

Making a discovery request that requires extensive administrative time to fulfill.

A lawyer shall not: (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party.

4 / 30

What restriction applies during trial proceedings regarding the relevance of matters alluded to by the lawyer?

A lawyer shall only allude to matters that have been previously introduced as exhibits and admitted into evidence.

A lawyer shall not allude to any matter unless the opposing counsel has failed to object to the line of inquiry.

A lawyer shall not allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence.

A lawyer shall not allude to any matter unless its admissibility has been determined by the court in a pre-trial motion in limine.

A lawyer shall not: (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence.

5 / 30

Regarding facts in issue during a trial, when is a lawyer permitted to assert personal knowledge of them?

Only when the assertion relates to the nature and value of legal services rendered in the case.

Only when the lawyer is testifying as a witness in the proceeding.

Only when asserting personal knowledge of facts is necessary to correct a false statement made by the opposing party.

Only when the facts in issue are uncontested and related to documentary evidence.

A lawyer shall not: (e) in trial, assert personal knowledge of facts in issue except when testifying as a witness.

6 / 30

Which type of personal statement is a lawyer prohibited from making during trial?

Asserting that the client is financially unable to pursue the full extent of the litigation.

Declaring that the client has given informed consent to a limited scope of representation.

Stating a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused.

Stating a belief that the representation will result in a favorable verdict for the client.

A lawyer shall not: (e) in trial, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused.

7 / 30

Under what specific condition may a lawyer request a person other than a client to refrain from voluntarily giving relevant information to another party?

The person has received compensation from the client for non-legal services, AND the lawyer gives prompt written notice to the tribunal of the request.

The person has granted informed consent to the request, AND the lawyer ensures the person is independently represented in agreeing to refrain.

The person is a relative or an employee or other agent of a client, AND the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

The person is under subpoena by the lawyer, AND the opposing party has failed to make a diligent effort to contact the person directly.

A lawyer shall not: (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

8 / 30

What is the key prohibition regarding a lawyer’s interaction with a judge, juror, prospective juror, or other official?

Seeking to influence a judge, juror, prospective juror or other official by means prohibited by law.

Seeking to secure legal advice about the lawyer's compliance with the Rules of Professional Conduct.

Seeking to confirm publicly available information regarding the official’s past professional background.

Seeking to communicate with the official regarding scheduling or administrative matters.

A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law.

9 / 30

During a proceeding, when is a lawyer permitted to communicate ex parte with a judge, juror, prospective juror, or other official?

Only if the official initiates the communication and confirms the contact is non-substantive.

Only if authorized to do so by law or court order.

Only if the communication relates to administrative aspects of the trial schedule.

Only if the opposing party has given informed consent, confirmed in writing.

A lawyer shall not: (b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order.

10 / 30

After the discharge of a jury, which of the following communications with a juror is prohibited?

If the juror has made known to the lawyer a desire not to communicate.

If the communication is limited to the expression of thanks for the juror's service.

If the lawyer is attempting to inform the juror about the result of the litigation.

If the lawyer seeks to confirm information contained in a public record about the juror.

A lawyer shall not: (c) communicate with a juror or prospective juror after discharge of the jury if: (2) the juror has made known to the lawyer a desire not to communicate.

11 / 30

A lawyer is prohibited from communicating with a discharged juror if the communication involves which type of undesirable interaction?

Misrepresentation, coercion, duress, or harassment.

An attempt to establish a defense to a civil claim against the lawyer related to conduct in which the client was involved.

Disclosure of information relating to the representation to detect and resolve conflicts of interest.

A request for assistance in obtaining evidence necessary for a potential appeal motion.

A lawyer shall not: (c) communicate with a juror or prospective juror after discharge of the jury if: (3) the communication involves misrepresentation, coercion, duress or harassment.

12 / 30

What kind of conduct related to the proper functioning of the legal process is prohibited?

Asserting a good faith argument for an extension, modification, or reversal of existing law.

Engaging in conduct intended to disrupt a tribunal.

Making a request for assistance in obtaining evidence necessary for the ongoing investigation.

Advising a client of their legal rights and obligations in a candid manner.

A lawyer shall not: (d) engage in conduct intended to disrupt a tribunal.

13 / 30

What restriction applies to a lawyer participating in an investigation or litigation regarding extrajudicial statements?

The lawyer shall only make extrajudicial statements if authorized by a protective order issued by the tribunal.

The lawyer shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

The lawyer must restrict all extrajudicial statements to information contained within the client’s informed consent waiver.

The lawyer shall not make any public statement that relates to the client's political, economic, social, or moral views or activities.

A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

14 / 30

Notwithstanding the prohibition against prejudicial statements, what information may a lawyer permissibly state concerning the legal issues?

The specific testimony of witnesses who have appeared under subpoena.

The full details of any confidential government information acquired during the matter.

The claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved.

The lawyer's personal opinion as to the credibility of the accused.

Notwithstanding paragraph (a), a lawyer may state: (1) the claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved.

15 / 30

Which type of factual information is a lawyer always permitted to state publicly regarding an ongoing matter?

The identity and specific testimony of potential expert witnesses.

The existence of privileged communications between the client and the lawyer.

Information contained in a public record.

The lawyer's reasonable belief that a settlement is imminent.

Notwithstanding paragraph (a), a lawyer may state: (2) information contained in a public record.

16 / 30

Which of the following is explicitly listed as a statement a lawyer may make regarding the status of a matter?

That the lawyer has advised the client to seek independent legal counsel.

That an investigation of a matter is in progress.

That the client has accepted full responsibility for the alleged actions.

That the lawyer intends to file a motion to disqualify the presiding judge.

Notwithstanding paragraph (a), a lawyer may state: (3) that an investigation of a matter is in progress.

17 / 30

Which information concerning the procedural timeline of a matter may a lawyer generally state?

The private procedural discussions held with the tribunal in chambers.

The scheduling or result of any step in litigation.

The lawyer’s prediction of the time needed for the tribunal to issue its final ruling.

The internal firm schedule for completing the final stages of discovery.

Notwithstanding paragraph (a), a lawyer may state: (4) the scheduling or result of any step in litigation.

18 / 30

Under what circumstance is a lawyer permitted to make a public statement requesting assistance?

A request for assistance in obtaining evidence and information necessary thereto.

A request for public support to pressure the tribunal into an expedited decision.

A request that the opposing party refrain from voluntarily giving relevant information.

A request for financial assistance to cover the client’s outstanding court costs and expenses.

Notwithstanding paragraph (a), a lawyer may state: (5) a request for assistance in obtaining evidence and information necessary thereto.

19 / 30

When may a lawyer publicly issue a warning about a person involved in a case?

When the statement is limited to mitigating recent adverse publicity not initiated by the lawyer.

When the lawyer has obtained confidential government information demonstrating the person's criminal history.

When the client provides a written statement confirming the danger posed by the person.

When there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.

Notwithstanding paragraph (a), a lawyer may state: (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.

20 / 30

In a criminal case, what details about the accused are permissible for a lawyer to state publicly?

The identity, residence, occupation, and family status of the accused.

The total value of the accused’s assets subject to forfeiture proceedings.

The specific details of the alleged offense that negate the element of intent.

The accused's previous criminal history and current parole status.

in a criminal case, in addition to subparagraphs (1) through (6): (i) the identity, residence, occupation and family status of the accused.

21 / 30

If the accused in a criminal case has not been apprehended, what type of information may a lawyer state publicly?

Information necessary to aid in apprehension of that person.

Information regarding the specific evidence that the prosecutor knows tends to negate guilt.

Information concerning the accused’s plans for future employment after apprehension.

Information about the accused's decision regarding a jury trial waiver.

in a criminal case, in addition to subparagraphs (1) through (6): (ii) if the accused has not been apprehended, information necessary to aid in apprehension of that person.

22 / 30

What information regarding the process of detention may a lawyer state publicly in a criminal case?

The amount of the bond required for the accused's release from custody.

The exact duration of the accused's interrogation prior to the arrest.

The personal motives of the investigating officers involved in the arrest.

The fact, time and place of arrest.

in a criminal case, in addition to subparagraphs (1) through (6): (iii) the fact, time and place of arrest.

23 / 30

What information related to the official parties involved in a criminal investigation is permissible for a lawyer to state publicly?

The internal operational protocols of the investigating agency.

The personal contact information for the prosecutor's supporting staff.

The detailed financial records of the arresting agencies related to the case.

The identity of investigating and arresting officers or agencies and the length of the investigation.

in a criminal case, in addition to subparagraphs (1) through (6): (iv) the identity of investigating and arresting officers or agencies and the length of the investigation.

24 / 30

Under what circumstance may a lawyer make a public statement to mitigate adverse publicity?

If the recent publicity relates to the lawyer’s fees and expenses that have been paid in advance by the client.

If the lawyer's client gives informed consent, confirmed in writing, to make any statement necessary to refute opposing counsel's claims.

If the lawyer has been ordered by a tribunal to continue representation despite good cause for withdrawal.

If the lawyer reasonably believes the statement is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client, AND the statement is limited to necessary mitigating information.

Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.

25 / 30

What is the imputation rule regarding the prohibition of making extrajudicial statements that materially prejudice a proceeding?

The prohibition only applies if the associated lawyer possesses information protected by Rule 1.6 that is material to the matter.

No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).

Only the lawyer who is participating or has participated in the matter is subject to the prohibition.

The prohibition is waived if the associated lawyer has been timely screened from participation in the matter.

No lawyer associated in a firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a).

26 / 30

What is the general prohibition regarding a lawyer acting as an advocate at a trial in which they are likely to be a necessary witness?

A lawyer shall not act as advocate if the testimony relates to material facts that are adverse to the client's interests.

A lawyer shall not act as advocate unless the opposing party has filed a motion to disqualify based on the lawyer's witness status.

A lawyer shall not act as advocate unless the client has given informed consent to the dual roles, confirmed in writing.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness, unless an exception applies.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client.

27 / 30

When is a lawyer permitted to act as an advocate despite the lawyer's testimony being likely necessary for the trial?

If the testimony relates only to the personal interests of the lawyer in retaining the client.

If the testimony relates to an uncontested issue.

If the testimony relates to a highly contested issue but is corroborated by two independent witnesses.

If the testimony relates to confidential information previously disclosed in a public record.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue.

28 / 30

Which specific type of professional testimony allows a lawyer to continue acting as an advocate at trial?

Testimony related to the lawyer's personal knowledge of the underlying facts of the case.

Testimony related to the client's intent to engage in criminal or fraudulent conduct.

Testimony related to the lawyer's personal opinion as to the credibility of the accused.

Testimony related to the nature and value of legal services rendered in the case.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (2) the testimony relates to the nature and value of legal services rendered in the case.

29 / 30

What condition concerning the client's ability to secure counsel permits a lawyer to continue acting as an advocate despite being a necessary witness?

If the client has already paid the lawyer's fees and expenses in advance for the entirety of the representation.

If the lawyer's firm employs fewer than [ten] other attorneys capable of serving as advocate.

If disqualification of the lawyer would work substantial hardship on the client.

If the testimony is deemed non-material by the opposing counsel.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (3) disqualification of the lawyer would work substantial hardship on the client.

30 / 30

If another lawyer in a firm is likely to be called as a witness in a trial, under what governing condition may a lawyer from that same firm still act as advocate?

Unless precluded from doing so by Rule 1.7 (concurrent conflicts) or Rule 1.9 (duties to former clients).

Only if the testifying lawyer is the firm’s managing or senior partner.

Only if the testimony relates exclusively to the nature and value of legal services rendered in the case.

Only if the testifying lawyer is timely screened from any participation in the matter and is apportioned no part of the fee.

A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

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MPRE_Basic_8

1 / 30

What ethical duty must a prosecutor fulfill regarding the basis for bringing a criminal charge?

Ensure that the accused has provided written documentation waiving the right to a preliminary hearing.

Refrain from prosecuting a charge unless the prosecutor knows the evidence establishes guilt beyond a reasonable doubt.

Refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.

Ensure that the charge relates to an uncontested issue of fact or law to expedite the proceedings.

The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.

2 / 30

What action must a prosecutor take concerning the accused’s right to counsel?

Immediately appoint counsel for the accused regardless of the accused's stated preference.

Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel.

Advise the accused that the prosecutor's office will pay all legal fees if the accused is found innocent.

File a formal objection if the accused attempts to obtain counsel who has previously represented the prosecutor’s office.

The prosecutor in a criminal case shall: (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel.

3 / 30

Which type of right is a prosecutor prohibited from seeking to obtain a waiver for from an unrepresented accused?

A waiver of the right to file an appeal after a conviction.

A waiver of important pretrial rights, such as the right to a preliminary hearing.

A waiver of the right to confront and cross-examine adverse witnesses at trial.

A waiver of the client's right to request assistance in obtaining evidence.

The prosecutor in a criminal case shall: (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing.

4 / 30

What disclosure must a prosecutor make to the defense regarding known evidence that affects guilt or mitigation of the offense?

Disclosure only upon receipt of a legally proper discovery request by the opposing party.

Disclosure of only physical evidence that negates guilt, excluding any testimonial or circumstantial information.

Disclosure of all evidence, regardless of privilege, unless the disclosure relates to national security matters.

Timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.

The prosecutor in a criminal case shall: (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.

5 / 30

What specific disclosure must a prosecutor make during the sentencing phase?

Disclose only the unprivileged information that relates directly to the victim's preferences regarding the length of the sentence.

Disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

Disclose only the information that the defense counsel was unable to obtain through reasonably diligent efforts.

Disclose privileged information regarding the accused's confession if the accused has waived the right to appeal.

The prosecutor in a criminal case shall: (d) in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

6 / 30

A prosecutor must refrain from subpoenaing a lawyer in a criminal proceeding to present evidence about a client unless they reasonably believe which initial condition is met?

The information sought is not protected from disclosure by any applicable privilege.

The client has provided informed consent, confirmed in writing, to the issuance of the subpoena.

The evidence sought is related to a crime or fraud that the client has committed using the lawyer's services.

The lawyer has been advised in writing of the desirability of seeking independent counsel regarding the subpoena.

The prosecutor in a criminal case shall: (e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: (1) the information sought is not protected from disclosure by any applicable privilege.

7 / 30

What requirement must the evidence sought from a subpoenaed lawyer satisfy to be ethically permissible for a prosecutor to seek it?

The evidence sought is related to a matter that is generally known to the public through extrajudicial statements.

The evidence sought is essential to the successful completion of an ongoing investigation or prosecution.

The evidence sought must be corroborated by at least two independent witnesses.

The evidence sought must relate to the nature and value of legal services rendered to the client.

The prosecutor in a criminal case shall: (e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: (2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution.

8 / 30

What is the final condition concerning alternative means of obtaining information that must be met before a prosecutor can ethically subpoena a lawyer for client evidence?

The prosecutor must obtain a waiver from the lawyer regarding any potential conflict of interest.

The prosecutor must demonstrate that the subpoena will not work substantial hardship on the client.

The prosecutor must have exhausted all appellate remedies related to the evidence sought.

There is no other feasible alternative to obtain the information.

The prosecutor in a criminal case shall: (e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: (3) there is no other feasible alternative to obtain the information.

9 / 30

What is the general ethical restriction on a prosecutor regarding extrajudicial comments about the accused?

Refrain from making any extrajudicial comments about the accused unless the statement relates to information contained in a public record.

Refrain from making comments that challenge the rectitude of official action taken by the investigating agency.

Refrain from making comments unless the accused has waived the right to remain silent in the proceeding.

Refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused, except for necessary statements informing the public of the action's nature and extent and serving a legitimate law enforcement purpose.

The prosecutor in a criminal case shall: (f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.

10 / 30

What responsibility does a prosecutor have concerning extrajudicial statements made by investigators and law enforcement personnel assisting them?

To ensure all associated personnel have obtained informed consent from the accused before making any public statement.

To exercise reasonable care to prevent them from making extrajudicial statements that the prosecutor would be prohibited from making under Rule 3.6 or Rule 3.8.

To prevent associated personnel from speaking to the media unless the information relates only to the time and place of arrest.

To ensure that all extrajudicial statements made by associated personnel are reviewed and approved by the tribunal in advance.

The prosecutor in a criminal case shall: (f) and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

11 / 30

If a prosecutor knows of new, credible, and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense, what is the initial required disclosure action?

Promptly disclose that evidence to an appropriate court or authority.

Promptly disclose the evidence to the opposing counsel for verification of its materiality.

Immediately file a motion to vacate the conviction and request an independent investigation.

Disclose the evidence only if the conviction was obtained in the prosecutor's own jurisdiction.

12 / 30

If a prosecutor's jurisdiction obtained a conviction, and new evidence of potential innocence is found, what is the prosecutor's duty toward the defendant?

Promptly disclose that evidence to the defendant unless a court authorizes delay.

Disclose the evidence to the defendant only if the evidence is deemed conclusive and non-privileged.

Disclose the evidence to the defendant only if the defendant is represented by counsel.

Promptly disclose that evidence to the defendant, regardless of any court order authorizing delay.

When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall: (2) if the conviction was obtained in the prosecutor’s jurisdiction, (i) promptly disclose that evidence to the defendant unless a court authorizes delay.

13 / 30

What investigative duty arises for a prosecutor when a conviction was obtained in their jurisdiction and new evidence suggests the defendant might be innocent?

Consult with the defendant's original trial counsel to determine if the evidence was known at the time of trial.

Undertake an independent financial audit of the original investigation costs.

Seek a judicial order to seal the original trial records pending the presentation of the new evidence.

Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall: (2) if the conviction was obtained in the prosecutor’s jurisdiction, (ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

14 / 30

If a prosecutor knows of clear and convincing evidence establishing that a defendant in their jurisdiction was wrongly convicted, what is the required ethical action?

The prosecutor shall seek to mitigate the sentence based on the new findings.

The prosecutor shall promptly disclose the evidence only to the highest authority in the government agency.

The prosecutor shall seek to remedy the conviction.

The prosecutor shall request that the court appoint new independent counsel for the defendant.

When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

15 / 30

When a lawyer represents a client before a legislative body or administrative agency in a nonadjudicative proceeding, what must the lawyer disclose?

The lawyer must disclose the financial relationship between the client and the legislative body.

The lawyer must disclose that the representation is limited in scope due to a potential conflict of interest.

The lawyer shall disclose the total amount of money the client has paid for the representation.

The lawyer shall disclose that the appearance is in a representative capacity.

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.

16 / 30

A lawyer in a nonadjudicative proceeding must conform to which three sets of conduct rules?

Rules governing fairness to the opposing party regarding evidence, rules on ex parte communications, and rules on trial publicity.

Rules 3.3(a) through (c) (candor), 3.4(a) through (c) (fairness to opposing party regarding evidence/falsification/disobedience), and 3.5 (impartiality and decorum of the tribunal).

Rules on conflicts of interest with former clients, rules on client confidentiality, and rules on fee agreements.

Rules regarding the duty to expedite litigation, rules on frivolous claims, and rules on the lawyer as a witness.

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.

17 / 30

What is a lawyer prohibited from doing knowingly in the course of representing a client to a third person?

Failing to provide documentation requested by a third person for a contractual obligation.

Making a statement of fact that the lawyer reasonably believes to be inaccurate but cannot yet disprove.

Making a false statement of material fact or law to a third person.

Assisting the client in a transaction that is likely to cause material financial loss to a third person.

In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person.

18 / 30

Under what condition must a lawyer disclose a material fact to a third person during client representation?

When the lawyer knows that the third person is not represented by counsel and would benefit from the information.

When the material fact relates to the lawyer’s fees and expenses that have been paid in advance by the client.

When the third person has obtained a court order compelling the disclosure of confidential information.

When disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

In the course of representing a client a lawyer shall not knowingly: (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

19 / 30

When may a lawyer communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter?

If the represented person initiates the communication and confirms in writing they wish to speak directly to the lawyer.

Unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

When the communication is necessary to prevent reasonably certain death or substantial bodily harm to the client.

If the communication is limited to scheduling or administrative matters not involving substantive legal issues.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

20 / 30

What must a lawyer not state or imply when dealing on behalf of a client with a person who is not represented by counsel?

That the lawyer is disinterested.

That the lawyer has a personal opinion as to the justness of the client's cause.

That the lawyer's representation is limited in scope due to a concurrent conflict of interest.

That the lawyer is primarily concerned with the efficiency and promptness of the negotiation process.

In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested.

21 / 30

If a lawyer knows or reasonably should know that an unrepresented person misunderstands the lawyer's role, what is the required corrective action?

The lawyer shall immediately cease communication and advise the client to seek a third-party neutral to mediate.

The lawyer shall make reasonable efforts to correct the misunderstanding.

The lawyer shall advise the unrepresented person that they may be subject to disciplinary action if they continue without counsel.

The lawyer shall make reasonable efforts to obtain the unrepresented person's informed consent to proceed.

When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.

22 / 30

Under what circumstances is a lawyer prohibited from giving legal advice to an unrepresented person, aside from advising them to secure counsel?

If the lawyer determines that the advice will work substantial hardship on the unrepresented person.

If the representation would require the lawyer to limit the scope of their engagement due to the unrepresented person's lack of capacity.

If the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

If the lawyer believes the unrepresented person possesses information that could be significantly harmful to the client in the matter.

The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

23 / 30

What specific limitation is placed on the means a lawyer can use when representing a client with respect to third persons?

A lawyer shall not use means that result in the unrepresented person incurring substantial financial loss.

A lawyer shall not use means that require disclosure of information protected by Rule 1.6 unless the client gives informed consent.

A lawyer shall not use means that fail to comply with all formal discovery rules of the tribunal.

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

In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.

24 / 30

What restriction applies to a lawyer’s methods of obtaining evidence from a third person?

The lawyer shall not use methods that require the third person to submit to a deposition in a remote jurisdiction.

The lawyer shall not use methods unless the client has given written consent to proceed with the investigation.

The lawyer shall not use methods if the evidence sought is generally known and contained in a public record.

The lawyer shall not use methods of obtaining evidence that violate the legal rights of such a person.

A lawyer shall not... use methods of obtaining evidence that violate the legal rights of such a person.

25 / 30

If a lawyer receives a document or electronically stored information that they know or reasonably should know was inadvertently sent, what is the required action?

The lawyer must obtain a signed written waiver from the client before returning the document to the sender.

The lawyer must immediately cease all communication with the sender regarding the matter.

The lawyer shall immediately file a motion with the tribunal to determine the admissibility of the information.

The lawyer shall promptly notify the sender.

A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.

26 / 30

What is the responsibility of a law firm partner or lawyer with comparable managerial authority regarding firm compliance?

To ensure the firm has procedures in place that provide reasonable assurance all lawyers conform to the Rules of Professional Conduct.

To require all lawyers to attend mandatory weekly ethics seminars certified by the jurisdiction's bar association.

To delegate the enforcement of the Rules only to the most senior lawyers within the professional corporation.

To personally monitor the conduct of every lawyer in the firm to prevent violations of the Rules.

A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.

27 / 30

What specific duty does a lawyer with direct supervisory authority hold concerning a subordinate lawyer?

To guarantee that the subordinate lawyer adheres to all internal firm policies regarding billing and client communication.

To make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.

To seek informed consent from the client before delegating any substantive work to the supervised lawyer.

To provide financial incentives for the subordinate lawyer to exceed the minimum standards of the Rules of Professional Conduct.

A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.

28 / 30

When is a lawyer responsible for another lawyer's violation based on direction or approval of the act?

If the lawyer fails to report the violation to the tribunal after the subordinate lawyer attempts to mitigate the consequences.

If the lawyer ordered the conduct or, knowing the specific conduct, subsequently ratified the conduct involved.

If the lawyer is a partner and the subordinate lawyer's violation results in substantial financial injury to the client.

If the lawyer provides general legal advice that indirectly facilitates the subordinate lawyer's violation.

A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved.

29 / 30

What must occur for a lawyer with managerial or supervisory authority to be held responsible for another lawyer's professional violation based on inaction?

The lawyer must be a partner or supervisor, know of the conduct when its consequences can be avoided or mitigated, and fail to take reasonable remedial action.

The lawyer must have received formal, written notification of the conduct from the tribunal before the violation occurred, and failed to act.

The lawyer must have personally assisted the subordinate lawyer in committing the conduct, regardless of whether mitigation was possible afterward.

The lawyer must have previously provided the subordinate lawyer with general legal advice that led indirectly to the violation.

the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

30 / 30

What is the effect of acting at the direction of another person on a lawyer's obligation to follow the Rules of Professional Conduct?

The lawyer is fully bound by the Rules, notwithstanding that the lawyer acted at the direction of another person.

The lawyer's responsibility is mitigated, provided the direction came from a partner with managerial authority.

The lawyer is absolved of responsibility if the subordinate lawyer reasonably believed the superior's order was appropriate.

The lawyer must obtain informed consent from the client to waive any potential violation arising from the direction.

A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.

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MPRE_Basic_9

1 / 30

When does a subordinate lawyer avoid violating the Rules despite acting under supervision?

When the lawyer acts in accordance with a supervisory lawyer's resolution of an arguable question of professional duty, provided the resolution was reasonable.

When the conduct results in disqualification of the supervisory lawyer but does not materially prejudice the client.

When the subordinate lawyer provides evidence that they explicitly objected to the supervisory lawyer's direction in writing.

When the violation relates exclusively to administrative or financial reporting requirements of the firm and not client conduct.

A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.

2 / 30

What responsibility do managerial lawyers have concerning nonlawyer employees associated with the firm?

To obtain binding arbitration agreements from all nonlawyers regarding their adherence to client confidentiality rules.

To personally supervise every interaction between nonlawyers and clients to prevent unauthorized practice of law.

To ensure that the firm's measures provide reasonable assurance that the nonlawyer's conduct is compatible with the professional obligations of the lawyer.

To establish a separate legal entity to hire nonlawyer staff to prevent ethical responsibility imputation.

a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer.

3 / 30

What is required of a lawyer who has direct supervisory authority over a nonlawyer?

The lawyer must obtain informed written consent from the client allowing the nonlawyer to access confidential information.

The lawyer must ensure the nonlawyer's compensation is commensurate with the ethical duties imposed by the firm.

The lawyer must formally register the nonlawyer with the appropriate disciplinary agency in the jurisdiction.

The lawyer must make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.

a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.

4 / 30

When is a lawyer responsible for a nonlawyer's conduct that would violate the Rules if committed by a lawyer?

If the nonlawyer engages in conduct that materially prejudices a third party or the tribunal.

If the nonlawyer's conduct results in the inadvertent disclosure of electronically stored information.

If the lawyer is unable to secure a written confirmation that the nonlawyer understands the ethical restrictions.

If the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved.

a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if: (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved.

5 / 30

Which factor establishes a lawyer's responsibility for a nonlawyer's violation based on inaction?

The lawyer is a partner, manager, or supervisor who knows of the conduct when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

The lawyer receives a request from opposing counsel to disclose information regarding the nonlawyer's specific conduct.

The lawyer determines that the nonlawyer's conduct was based on an arguable question of professional duty.

The lawyer attempts to use the nonlawyer's conduct to secure a financial advantage for the client in litigation.

the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

6 / 30

What is the general ethical prohibition concerning the financial arrangements between a lawyer and a nonlawyer?

A lawyer shall not share legal fees with a nonlawyer.

A lawyer shall not form a partnership with a nonlawyer if any of the activities consist of providing law-related services.

A lawyer shall not allow a nonlawyer employee to receive compensation based on the firm's overall financial performance.

A lawyer shall not permit a nonlawyer to own any financial interest in the law firm.

A lawyer or law firm shall not share legal fees with a nonlawyer, except that:

7 / 30

Which type of fee sharing arrangement is permissible after a lawyer's death?

An agreement providing for the payment of money, over a reasonable period, to the lawyer's estate or to one or more specified persons.

An agreement transferring the deceased lawyer's proprietary interest in the firm's pending litigation matters.

An agreement allowing the deceased lawyer's nonlawyer family members to hold stock or an interest in the firm indefinitely.

An agreement providing for the transfer of the lawyer's contingent fee interests directly to the firm's nonlawyer administrator.

an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons.

8 / 30

How may a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer compensate the estate?

By transferring ownership of the purchasing firm's law-related services entity to the deceased lawyer's representative.

By agreeing to limit the future practice rights of the deceased lawyer's nonlawyer employees.

By providing a share of the firm’s future profits for five years in proportion to the value of the purchased assets.

By paying the agreed-upon purchase price to the estate or other representative of that lawyer, pursuant to Rule 1.17.

a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer may, pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price.

9 / 30

Under what circumstance is a law firm permitted to include nonlawyer employees in a profit-sharing arrangement?

If the arrangement is limited only to profit accrued from non-legal, law-related services.

If the nonlawyer employee holds a substantial equity interest in the professional corporation.

If the arrangement is part of a compensation or retirement plan.

If the lawyer has obtained informed consent from all clients represented by the firm.

a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement.

10 / 30

Which entity is a lawyer permitted to share court-awarded legal fees with?

A nonlawyer who acted as a witness in the matter and provided evidence essential to the prosecution.

A private, for-profit legal referral service that provided the initial client lead.

A legislative body or administrative agency that oversees the lawyer's practice area.

A nonprofit organization that employed, retained, or recommended employment of the lawyer in the matter.

a lawyer may share court-awarded legal fees with a nonprofit organization that employed, retained or recommended employment of the lawyer in the matter.

11 / 30

What is prohibited regarding the formation of a partnership between a lawyer and a nonlawyer?

Forming a partnership with a nonlawyer if any of the partnership's activities consist of the practice of law.

Forming a partnership that involves sharing any compensation earned from law-related services provided to clients.

Forming a partnership where the nonlawyer has comparable managerial authority over the firm's administrative operations.

Forming a partnership that restricts the right of a lawyer to practice after termination of the relationship.

A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.

12 / 30

What is the restriction on allowing a third party who recommends, employs, or pays the lawyer to influence the representation?

The lawyer shall not permit that person to obtain confidential information protected by Rule 1.6 regarding the client.

The lawyer must obtain informed consent from the client if that person has any contact with the representation.

The lawyer must refuse compensation from that person if the payment exceeds the reasonable rate for services rendered.

The lawyer shall not permit that person to direct or regulate the lawyer's professional judgment in rendering legal services.

A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services.

13 / 30

What general form of practice is restricted for lawyers regarding professional corporations authorized to practice law for profit?

Practicing in a firm structure that restricts the lawyer's right to practice after termination of the relationship.

Practicing in a foreign jurisdiction where the lawyer is not disbarred or suspended from practice in the United States jurisdiction.

Practicing in a professional corporation where the firm's internal measures fail to provide reasonable assurance of compliance with the Rules.

Practicing with or in the form of a professional corporation or association if nonlawyers hold ownership, management, or professional control interests.

A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:

14 / 30

Which exception permits a nonlawyer to hold an interest in a professional corporation authorized to practice law for profit?

If the nonlawyer is a close familial relation to a client who has provided substantial gifts to the lawyer.

If the nonlawyer is an employee included in a profit-sharing compensation or retirement plan.

If the nonlawyer is the fiduciary representative of the estate of a lawyer and holds the interest for a reasonable time during administration.

If the nonlawyer has provided a significant capital contribution to the firm for the expansion of its law-related services.

a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration.

15 / 30

A professional corporation authorized to practice law for a profit is prohibited if a nonlawyer occupies which position?

A nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation.

A nonlawyer holds a compensation or retirement plan interest based in whole or in part on profit-sharing.

A nonlawyer serves in an advisory capacity concerning the firm’s marketing and business development strategy.

A nonlawyer serves as the firm's chief financial officer responsible only for non-legal accounting functions.

a nonlawyer is a corporate director or officer thereof or occupies the position of similar responsibility in any form of association other than a corporation.

16 / 30

What specific power is a nonlawyer prohibited from having within a law firm structure authorized to practice law for a profit?

The right to recommend or hire a subordinate lawyer for a specialized practice area.

The right to determine the compensation and benefits structure for all employees and partners.

The right to establish administrative policies and procedures for nonlawyer personnel.

The right to direct or control the professional judgment of a lawyer.

a nonlawyer has the right to direct or control the professional judgment of a lawyer.

17 / 30

What is the prohibition regarding practicing law across different jurisdictions?

A lawyer shall not engage in multijurisdictional practice unless the lawyer has obtained informed consent from the client for the geographical limitations.

A lawyer shall not establish an office or other systematic and continuous presence in a foreign jurisdiction without joint approval of both jurisdictions' bar associations.

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

A lawyer shall not provide law-related services in a jurisdiction unless they are admitted to practice in that jurisdiction.

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

18 / 30

What action is generally prohibited for a lawyer not admitted to practice in a given jurisdiction?

Consulting with local counsel regarding a potential proceeding before a tribunal in that jurisdiction.

Establishing an office or other systematic and continuous presence in that jurisdiction for the practice of law, except as authorized by the Rules or other law.

Providing legal services on a temporary basis that are reasonably related to the lawyer's practice in a home jurisdiction.

Disclosing information relating to the representation to secure legal advice about compliance with local ethical rules.

A lawyer who is not admitted to practice in this jurisdiction shall not: (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law.

19 / 30

Which representation to the public is strictly prohibited for a lawyer not admitted to practice in a specific jurisdiction?

Representing to the public or otherwise holding out that the lawyer is admitted to practice law in this jurisdiction.

Representing to the public that the lawyer is affiliated with a partner who is admitted to practice in that jurisdiction.

Representing to the public that the lawyer is authorized to provide law-related services to clients in that jurisdiction.

Representing to the public that the lawyer has obtained specialized expertise recognized by the home jurisdiction's bar association.

hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

20 / 30

A lawyer admitted in another U.S. jurisdiction may provide temporary legal services if they associate with whom?

A third-party neutral or mediator authorized by law to resolve disputes in the temporary jurisdiction.

A nonlawyer who possesses comparable managerial authority in a law firm in the temporary jurisdiction.

A lawyer who is admitted to practice in the temporary jurisdiction and who actively participates in the matter.

A foreign lawyer who is a member in good standing of a recognized legal profession in a foreign jurisdiction.

A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: (1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter.

21 / 30

Which type of proceeding allows a lawyer admitted in another U.S. jurisdiction to provide temporary services?

Services that involve only the evaluation of a client's legal affairs for use by an external third person.

Services that are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction.

Services that relate to administrative internal governance matters of a professional corporation authorized to practice law.

Services that are limited solely to advising the client on the implications of disciplinary actions taken in the home jurisdiction.

are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction.

22 / 30

Beyond the matter being related to a proceeding, what additional authorization is required for a visiting lawyer to provide temporary legal services related to that proceeding?

The lawyer or a person the lawyer is assisting must be authorized by law or order to appear in such proceeding or reasonably expect to be so authorized.

The lawyer must ensure that the client's interests are not materially adverse to the interests of a former client represented in the home jurisdiction.

The lawyer must provide informed consent, confirmed in writing, that the lawyer will waive any claim for expenses if the proceeding is dismissed.

The lawyer must file a written document with the tribunal stating that the lawyer's professional judgment will not be directed or regulated by a nonlawyer.

if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized.

23 / 30

What three cumulative conditions govern temporary practice in an alternative dispute resolution proceeding (ADR)?

The services must be authorized by federal law; be performed by a lawyer who is not disbarred; and involve advice only on the law of the home jurisdiction.

The services must relate to an uncontested issue; prevent substantial hardship on the client; and involve no extrajudicial statements that materially prejudice the proceeding.

The services must be in association with a local admitted lawyer; involve only non-confidential information; and be subject to the Rules of Professional Conduct of the home jurisdiction.

The services must be related to an ADR proceeding; arise out of the lawyer’s home practice; and are not services requiring pro hac vice admission by the forum.

are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission.

24 / 30

When can a lawyer admitted in another U.S. jurisdiction provide temporary services that are not related to a tribunal or ADR proceeding?

If the services are authorized by the firm's managerial authority and do not involve highly sensitive client information.

If the services are provided exclusively to a nonprofit organization that retained the lawyer in the matter.

If the services are limited to correcting a false statement of material fact previously made to a third person.

If the services are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

are not within paragraphs (c) (2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.

25 / 30

What is the requirement for a lawyer admitted in another U.S. or foreign jurisdiction to provide continuous legal services through an office in the jurisdiction?

The lawyer must receive an official waiver from the highest court of the jurisdiction, regardless of whether the lawyer is disbarred in another U.S. jurisdiction.

The lawyer must agree not to engage in any activity that constitutes the practice of law within the jurisdiction.

The lawyer must agree to share all legal fees with a nonlawyer who occupies the position of similar responsibility in the office.

The lawyer must not be disbarred or suspended from practice in any jurisdiction or the equivalent thereof, and the services must meet specific conditions.

A lawyer admitted in another United States jurisdiction or in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, or a person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction, may provide legal services through an office or other systematic and continuous presence in this jurisdiction that:

26 / 30

Which condition applies to a visiting lawyer providing continuous services to an employer in the jurisdiction?

The lawyer must ensure that the employer’s managerial authority does not direct or regulate the lawyer’s professional judgment.

The services must be provided to the lawyer's employer or its organizational affiliates, and not be services for which the forum requires pro hac vice admission.

The services must be related to an arguable question of professional duty where the supervisory lawyer has provided a reasonable resolution.

The services must be limited only to the defense of the employer in a criminal proceeding that could result in incarceration.

are provided to the lawyer's employer or its organizational affiliates, are not services for which the forum requires pro hac vice admission.

27 / 30

When a foreign lawyer provides continuous services and advises on the law of this or another U.S. jurisdiction or of the United States, what must that advice be based upon?

The foreign lawyer’s interpretation of international treaties and conventions related to the matter.

A legal opinion issued by the highest court of the foreign lawyer’s home jurisdiction.

The foreign lawyer’s personal experience and knowledge acquired in previous multijurisdictional practices.

The advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice.

when performed by a foreign lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United States, such advice shall be based upon the advice of a lawyer who is duly licensed and authorized by the jurisdiction to provide such advice.

28 / 30

What is the exception that allows a lawyer to provide continuous services if authorized by higher authority?

Services that relate solely to the division of fees between lawyers who are not in the same firm.

Services that are limited to establishing a defense to a civil claim against the lawyer related to the representation.

Services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.

Services that are required to prevent reasonably certain death or substantial bodily harm to a third person.

are services that the lawyer is authorized by federal or other law or rule to provide in this jurisdiction.

29 / 30

What must a foreign lawyer be to qualify under the continuous practice rule (d)?

A lawyer who has established a systematic and continuous presence in a U.S. jurisdiction for at least five years prior to the application.

A lawyer who agrees to be jointly responsible with an admitted U.S. lawyer for all professional conduct obligations.

A lawyer who has paid a substantial fee to the highest court of the U.S. jurisdiction to secure provisional admission.

A member in good standing of a recognized legal profession in a foreign jurisdiction, subject to effective regulation and discipline by a duly constituted professional body or a public authority.

the foreign lawyer must be a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent, and subject to effective regulation and discipline by a duly constituted professional body or a public authority.

30 / 30

Who must authorize a person lawfully practicing as an in-house counsel under foreign law to practice under Rule 5.5(d)?

The lawyer's organizational employer or its organizational affiliates.

The nonlawyer manager or officer responsible for the firm's compliance measures.

The highest court of this jurisdiction, in the exercise of its discretion.

The foreign jurisdiction's equivalent of the bar association that granted initial licensure.

the person otherwise lawfully practicing as an in-house counsel under the laws of a foreign jurisdiction must be authorized to practice under this Rule by, in the exercise of its discretion, [the highest court of this jurisdiction].

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MPRE_Basic_10

1 / 30

Which type of agreement restricting a lawyer's right to practice after termination is permissible?

An agreement specifying limitations on providing services to former clients of the firm for a period of five years.

An agreement stipulating that the lawyer will not represent clients whose interests are adverse to a former client of the firm.

An agreement setting limits on the geographical area where the lawyer may practice law.

An agreement concerning benefits upon retirement.

A lawyer shall not participate in offering or making: (a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement.

2 / 30

What restriction on practice is prohibited as part of resolving client disputes?

An agreement that requires the lawyer to communicate with an unrepresented third person during the settlement phase.

An agreement requiring the lawyer to provide an evaluation of the client’s matter for use by a third person.

An agreement that requires the lawyer to share court-awarded legal fees with a nonprofit organization.

An agreement that includes a restriction on the lawyer's right to practice as part of the settlement of a client controversy.

A lawyer shall not participate in offering or making: (b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy.

3 / 30

When is a lawyer subject to the Rules of Professional Conduct regarding law-related services?

When the services result in the disclosure of information that has become generally known to the public.

When the law-related services are provided by a nonlawyer who is also included in the lawyer's retirement plan.

When the services are provided by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients.

When the services relate to a financial transaction with a client, and the lawyer is independently represented in making the agreement.

A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law-related services, as defined in paragraph (b), if the law-related services are provided: (1) by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients.

4 / 30

If law-related services are provided by an entity controlled by the lawyer in distinct circumstances, when does the lawyer remain subject to the Rules?

If the lawyer permits the controlled entity to engage in conduct that violates the legal rights of a third person.

If the lawyer fails to advise the client of the desirability of seeking and providing an opportunity to seek independent legal counsel regarding the services.

If the lawyer charges an unreasonable fee or an unreasonable amount for expenses for the services provided by the controlled entity.

If the lawyer fails to take reasonable measures to assure that a person obtaining the services knows the services are not legal services and that client-lawyer protections do not exist.

in other circumstances by an entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.

5 / 30

What two criteria define "law-related services"?

Services that involve the lawyer acting as a third-party neutral or mediator to assist parties in resolving a dispute.

Services that might reasonably be performed in conjunction with and related to legal services, and are not prohibited as unauthorized practice of law when provided by a nonlawyer.

Services that are related to the transfer of property under Rule 1.15 and are authorized by federal law.

Services that are provided on a temporary basis in a multijurisdictional practice and do not require pro hac vice admission by the forum.

The term "law-related services" denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer.

6 / 30

What is every lawyer's professional responsibility regarding the provision of legal services?

To ensure financial accessibility to legal services for all clients within the jurisdiction.

To prioritize providing legal services to government agencies or nonprofit organizations.

To spend a significant portion of professional time advocating for changes in existing law.

To provide legal services to those unable to pay.

Every lawyer has a professional responsibility to provide legal services to those unable to pay.

7 / 30

What is the minimum aspirational standard for pro bono publico legal services hours per year for a lawyer?

A lawyer should aspire to render at least (100) hours of pro bono publico legal services per year.

A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.

A lawyer should aspire to render at least (75) hours of legal services at a substantially reduced fee per year.

A lawyer should aspire to render at least (25) hours of legal services for law reform activities per year.

A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.

8 / 30

When fulfilling the aspirational responsibility, how should a lawyer provide a substantial majority of the required (50) hours?

By providing services at a substantially reduced fee to groups seeking civil rights protection.

By engaging in activities focused primarily on improving the law and the legal system.

By providing services without fee or expectation of fee.

By providing financial contributions to organizations that serve persons of limited means.

In fulfilling this responsibility, the lawyer should: (a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee.

9 / 30

Which two types of recipients are the primary focus for a lawyer's pro bono services provided without fee or expectation of fee?

Commercial entities seeking protection of public rights and individual clients paying substantially reduced fees.

Persons of limited means or organizations in matters designed primarily to address the needs of persons of limited means.

Retired judicial officers and legislative bodies involved in nonadjudicative proceedings.

Publicly traded corporations and foreign government entities.

to: (1) persons of limited means or (2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means.

10 / 30

Regarding "additional services" (those beyond the substantial majority), providing legal services at no or substantially reduced fee is appropriate for organizations seeking to secure or protect which interests?

Civil rights, civil liberties or public rights.

Proprietary business interests or intellectual property rights.

Commercial contract compliance or corporate governance issues.

Financial solvency or economic resource depletion.

provide any additional services through: (1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights.

11 / 30

What specific condition must be met for a lawyer to provide services at no fee or substantially reduced fee to charitable organizations for matters furthering the organization's purpose?

The payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate.

The organization must confirm in writing that the services will not involve a conflict of interest under Rule 1.7.

The organization must agree that the representation will be limited in scope and will not result in an unreasonable financial burden on the lawyer.

The lawyer must obtain informed consent, confirmed in writing, from the highest authority within the organization.

or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate.

12 / 30

In providing "additional services," for whom is the delivery of legal services at a substantially reduced fee specifically mentioned?

Non-lawyer employees or nonlawyer professional organizations.

Persons of limited means.

Other lawyers associated in the law firm who are disqualified from a matter.

Lawyers who are disbarred or suspended from practice in the jurisdiction.

(2) delivery of legal services at a substantially reduced fee to persons of limited means.

13 / 30

Which type of non-representational activity is included in the options for rendering "additional services"?

Participating in extrajudicial statements to mitigate adverse publicity related to a pro bono case.

Providing an evaluation of a client's matter for use by a third person with material adverse interests.

Offering assistance to a client in avoiding an appointment by a tribunal.

Participating in activities for improving the law, the legal system or the legal profession.

(3) participation in activities for improving the law, the legal system or the legal profession.

14 / 30

In addition to providing pro bono hours, what kind of contribution should a lawyer voluntarily make?

Voluntarily provide free legal advice to any unrepresented person who requests assistance.

Voluntarily contribute equipment or law office furnishings to newly established nonprofit legal services organizations.

Voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

Voluntarily seek to be appointed by a tribunal in all cases involving indigent persons.

In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

15 / 30

Under the rule for accepting appointments, what is the lawyer's general prohibition regarding appointment by a tribunal?

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause.

A lawyer shall not accept an appointment if the matter is likely to result in substantial adverse publicity for the firm.

A lawyer shall not seek to avoid appointment unless the client requests representation by a specific, retained lawyer.

A lawyer shall not accept an appointment unless the client has given informed consent to the scope of representation.

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause.

16 / 30

Which circumstance constitutes good cause for a lawyer to seek to avoid appointment by a tribunal?

If the client's interests are materially adverse to the interests of the lawyer's immediate family member.

If the representation is likely to result in violation of the Rules of Professional Conduct or other law.

If the lawyer has a substantial hardship in acquiring the necessary legal knowledge and skill required for the representation.

If the representation would require the lawyer to disclose non-confidential information in a public record.

(a) representing the client is likely to result in violation of the Rules of Professional Conduct or other law.

17 / 30

When is a potential financial effect on the lawyer considered good cause to avoid a tribunal appointment?

If representing the client is likely to result in the lawyer receiving substantially reduced fees.

If representing the client is likely to result in the lawyer acquiring a proprietary interest in the cause of action.

If representing the client is likely to result in an unreasonable financial burden on the lawyer.

If representing the client is likely to result in the lawyer failing to collect the full fee paid in advance.

(b) representing the client is likely to result in an unreasonable financial burden on the lawyer.

18 / 30

What characteristic of the client or cause, if present, constitutes good cause to avoid appointment?

The client or the cause is related to a former client's representation and is not materially adverse to their interests.

The client or the cause has not yet been thoroughly investigated by the appropriate government agency prior to the appointment.

The client or the cause involves an alleged violation of a law that the lawyer personally believes is unconstitutional or unjust.

The client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client.

(c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client.

19 / 30

A lawyer may serve as a director, officer, or member of a legal services organization even if the organization serves persons having interests adverse to whom?

A client of the lawyer.

The lawyer's professional corporation or association.

The highest authority within the organization the lawyer represents.

The tribunal that made the initial appointment of the lawyer.

A lawyer may serve as a director, officer or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer.

20 / 30

In the context of a legal services organization, when is a lawyer prohibited from knowingly participating in a decision or action?

If the decision or action relates to the general compensation plan for the organization's nonlawyer staff.

If participating in the decision or action would be incompatible with the lawyer's obligations to a client under Rule 1.7.

If the decision involves the financial contribution of the organization to other non-profit entities.

If the organization serves individuals of limited means who are also clients of the lawyer's firm.

The lawyer shall not knowingly participate in a decision or action of the organization: (a) if participating in the decision or action would be incompatible with the lawyer's obligations to a client under Rule 1.7.

21 / 30

A lawyer serving on a legal services organization board must avoid participating in a decision or action that could have a material adverse effect on the representation of which specific client?

A prospective client who consulted the lawyer regarding the possibility of representation.

A client represented by the lawyer in a criminal proceeding who could result in incarceration.

A client of the organization whose interests are adverse to a client of the lawyer.

Any client of the lawyer's own firm who receives substantially reduced fees.

The lawyer shall not knowingly participate in a decision or action of the organization: (b) where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer.

22 / 30

What is permitted for a lawyer involved in law reform activities even if the reform may affect a client's interests?

The lawyer may restrict the client's right to pursue an appeal if the law reform is successful.

The lawyer may participate in a decision that would result in an unreasonable financial burden on the client.

The lawyer may disclose confidential information related to the representation of the client to further the reform goals.

The lawyer may serve as a director, officer or member of the organization involved in reform of the law or its administration.

A lawyer may serve as a director, officer or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer.

23 / 30

When a lawyer knows that a client's interests may be materially benefitted by a decision in which the lawyer participates within a law reform organization, what disclosure must be made?

The lawyer must obtain informed consent from the client, confirmed in writing, to participate in the decision.

The lawyer shall identify the client and the exact amount of the benefit to the organization's decision-makers.

The lawyer must only disclose the fact of potential benefit if the benefit is substantial and clear, rather than merely material.

The lawyer shall disclose the fact that the interests of a client may be materially benefitted, but need not identify the client.

When the lawyer knows that the interests of a client may be materially benefitted by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

24 / 30

What is the key requirement regarding expectations of continuing representation in a Nonprofit & Court-Annexed Limited Legal Services Program?

The client must provide a written waiver of the expectation of continuing representation, regardless of the program's nature.

Neither the lawyer nor the client should have the expectation that the lawyer will provide continuing representation in the matter.

The lawyer must ensure the client signs a release of all claims if continuing representation is not offered after the short-term service.

Only the lawyer must lack the expectation of continuing representation, while the client may retain the expectation.

A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter.

25 / 30

For a lawyer providing short-term limited legal services, when are the conflict rules Rule 1.7 (Concurrent Conflicts) and Rule 1.9(a) (Former Client Conflicts) applicable?

Only if the client and the opposing party have given informed consent, confirmed in writing, to waive the conflicts.

Only if the conflict involves the lawyer asserting a claim by one client against another client in the same litigation.

Only if the lawyer knows that the representation of the client involves a conflict of interest.

Only if the lawyer determines that the conflict will result in substantial financial injury to the client.

(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest.

26 / 30

When is a lawyer providing short-term limited legal services subject to Rule 1.10 (Imputation of Conflicts)?

Only if the lawyer has previously consulted with a prospective client whose interests are materially adverse to the current client.

Only if the lawyer fails to take reasonable remedial measures to prevent the associated lawyer from accessing client information.

Only if the lawyer and the associated lawyer are partners or hold comparable managerial authority in the firm.

Only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

27 / 30

What is the general status of Rule 1.10 (Imputation of Conflicts) for a representation governed by the short-term limited legal services rule (Rule 6.5)?

Rule 1.10 applies only if the lawyer fails to achieve the aspirational minimum of pro bono hours.

Rule 1.10 is fully applicable to ensure all conflicts are addressed.

Rule 1.10 is inapplicable, except for the condition specified in paragraph (a)(2).

Rule 1.10 is superseded by Rule 6.3 regarding membership in a legal services organization.

(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.

28 / 30

What fundamental ethical requirement governs a lawyer’s communication about the lawyer or the lawyer's services?

A lawyer shall refrain from communicating about services unless the information is contained in a public record.

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.

A lawyer shall include a disclaimer stating that the communication is not intended as legal advice or an offer of employment.

A lawyer shall ensure that all communications are reviewed by the jurisdiction's regulatory authority prior to dissemination.

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.

29 / 30

What characteristic defines a communication as "false or misleading" related to the content of the statement?

It is composed primarily of information that has become generally known to the public.

It contains a factual or legal misrepresentation that is subject to ongoing litigation.

It asserts a personal opinion as to the justness of the client’s cause or the lawyer’s services.

It contains a material misrepresentation of fact or law.

A communication is false or misleading if it contains a material misrepresentation of fact or law.

30 / 30

A communication is considered false or misleading if it omits which specific piece of information?

The identity and contact information of all subordinate lawyers responsible for client files.

A fact necessary to make the statement considered as a whole not materially misleading.

The full financial history of the law firm for the past five years.

The specific details of any concurrent conflict of interest affecting the representation.

A communication is false or misleading if it... omits a fact necessary to make the statement considered as a whole not materially misleading.

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MPRE_Basic_11

1 / 30

Which method is a lawyer permitted to use to communicate information regarding their services?

Only communications approved by the appropriate judicial authority prior to dissemination.

Exclusively electronic media that allow for immediate verification of factual claims.

Any media, including traditional and digital platforms.

Only direct mail advertisements or official governmental publications.

A lawyer may communicate information regarding the lawyer’s services through any media.

2 / 30

What is the general ethical prohibition concerning referrals for legal services?

A lawyer shall not communicate with a person known to be represented by another lawyer regarding a referral.

A lawyer shall not enter into a reciprocal referral agreement with any nonlawyer professional.

A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services.

A lawyer shall not accept compensation from a third party for rendering legal services to a client.

A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may:

3 / 30

What financial action is permissible concerning advertisements or communications permitted by the Rules?

Offering a contingent fee arrangement solely to the media source publishing the advertisement.

Paying the reasonable costs of advertisements or communications permitted by this Rule.

Providing a discount on legal services equivalent to the cost of the advertisement.

Compensating the professional corporation that manages the lawyer's marketing budget.

pay the reasonable costs of advertisements or communications permitted by this Rule.

4 / 30

Which specific type of organizational charge may a lawyer ethically pay?

The extraordinary fees charged by a for-profit legal referral service for high-value client leads.

The costs associated with an organizational client's request for assistance in obtaining evidence.

The standard administrative fees charged by a governmental agency overseeing legal ethics compliance.

The usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.

pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.

5 / 30

Under what specific Rule number can a lawyer pay for a law practice?

In accordance with Rule 1.17 concerning the sale of a law practice.

In accordance with Rule 1.15 concerning client funds and property.

In accordance with Rule 5.5 concerning unauthorized practice of law.

In accordance with Rule 1.8 concerning current client conflicts of interest.

pay for a law practice in accordance with Rule 1.17.

6 / 30

A lawyer may refer clients to another professional pursuant to a referral agreement if the agreement meets what non-prohibition criteria?

The agreement must be related to an ADR proceeding arising out of the lawyer's home jurisdiction practice.

The agreement must not be otherwise prohibited under these Rules.

The agreement must ensure that the client’s interests are not materially limited by the lawyer’s personal interests.

The agreement must be documented in a writing signed by all parties and filed with the tribunal.

refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer.

7 / 30

Which specific constraint applies to the structure of a permissible reciprocal referral agreement?

The reciprocal referral agreement must provide for an equal share of the generated fees between the referring parties.

The reciprocal referral agreement must be fully reviewed and approved by the highest judicial authority.

The reciprocal referral agreement must be limited to professionals within the same physical geographic area.

The reciprocal referral agreement must not be exclusive.

the reciprocal referral agreement is not exclusive.

8 / 30

What disclosure requirement applies to a reciprocal referral agreement?

The lawyer must disclose the personal and financial relationship between the lawyer and the professional in the agreement.

The lawyer must ensure the client is informed of the existence and nature of the agreement.

The lawyer must inform the client about the potential for substantial hardship caused by accepting the referral.

The lawyer must disclose the exact compensation received under the reciprocal referral agreement to the client.

the client is informed of the existence and nature of the agreement.

9 / 30

A lawyer may give which type of gift as an expression of appreciation without violating the compensation prohibition?

Gifts that are deemed necessary to prevent a substantial financial loss to the recipient.

Gifts valued based on a percentage of the total fee earned from the referred client.

Nominal gifts as an expression of appreciation.

Substantial cash payments intended to secure future long-term referral relationships.

give nominal gifts as an expression of appreciation.

10 / 30

What specific criteria must a nominal gift satisfy to be permissible?

The gifts must be neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.

The gift must be intended to improve the law or the legal system in the jurisdiction.

The gift must be related to an uncontested issue of fact or law in a pending matter.

The gift must be unrelated to the lawyer's legal services and must be authorized by law.

that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.

11 / 30

A lawyer is prohibited from stating or implying specialist certification unless which condition is met?

The lawyer has acquired confidential government information that is material to the field of law.

The lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association.

The lawyer holds comparable managerial authority in a law firm authorized to practice law for profit.

The lawyer is also admitted to practice in another United States jurisdiction or a foreign jurisdiction.

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association.

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If a lawyer is certified as a specialist, what must be clearly identified in the communication to the public?

The lawyer’s personal opinion as to the quality of the certification achieved.

The full cost and duration of the certification process undertaken by the lawyer.

The specific statutory or regulatory provision that authorizes the certification claim.

The name of the certifying organization.

the name of the certifying organization is clearly identified in the communication.

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What mandatory information must be included in any communication made under Rule 7.2?

The name and contact information of at least one lawyer or law firm responsible for its content.

The lawyer's personal cell phone number and home address for emergency contact purposes.

A warning of danger concerning the behavior of a person involved in the matter.

A guarantee that the service will result in a favorable outcome for the prospective client.

Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content.

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Which party must initiate the communication for it to be categorized as "Solicitation" under Rule 7.3?

The client's former counsel or another lawyer who is disqualified from the matter.

The opposing party or the presiding judge in the litigation matter.

A professional legal services plan or a qualified lawyer referral service.

A communication initiated by or on behalf of a lawyer or law firm.

“Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law firm.

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To be considered "Solicitation," what knowledge must the lawyer possess regarding the target person and the need for legal services?

The lawyer knows or reasonably should know the specific person routinely uses for business purposes the type of legal services offered.

The lawyer knows or reasonably should know the specific person is a partner in another professional corporation.

The communication is directed to a person who has already made known to the lawyer a desire not to be solicited.

The communication is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter.

that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter.

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What action relating to legal services must be present in a communication for it to be considered "Solicitation"?

It only provides general legal advice on the relevant substantive law without making a specific offer.

It requests assistance in obtaining evidence and information necessary thereto.

It offers to provide, or reasonably can be understood as offering to provide, legal services for that matter.

It includes the name and contact information of the lawyer responsible for its content.

and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter.

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A lawyer is prohibited from soliciting professional employment by live person-to-person contact if what factor is present?

When a significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain.

When the contact relates to an uncontested issue that is relevant to the client’s legal situation.

If the lawyer is relying solely on information contained in a public record to justify the contact.

If the lawyer's action is likely to result in an unreasonable financial burden on the lawyer.

A lawyer shall not solicit professional employment by live person-to-person contact when a significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain.

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Which contact is explicitly permitted, notwithstanding the general prohibition on live person-to-person solicitation for pecuniary gain?

Contact with a specific person who has previously filed a grievance against the lawyer's firm.

Contact with a lawyer.

Contact with a former client whose matter was concluded more than five years prior to the contact.

Contact with a person who is subject to Rule 1.10 imputation rules due to a prior conflict.

unless the contact is with a: (1) lawyer.

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Live person-to-person solicitation for pecuniary gain is permitted if the contact is with a person sharing which three types of relationships with the lawyer or law firm?

A professional relationship with a third-party neutral, a financial relationship with the lawyer's nonlawyer employee, or a past business relationship with a government agency.

A family, close personal, or prior business or professional relationship with the lawyer or law firm.

A familial relationship to the opposing party, a close personal relationship with a judge, or a prior business relationship with an administrative agency.

An organizational affiliate relationship, a financial relationship based on prepaid fees, or a current employment relationship within the firm.

unless the contact is with a: (2) person who has a family, close personal, or prior business or professional relationship with the lawyer or law firm.

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Live person-to-person solicitation is permitted if the contact is with a person routinely using what type of services?

A person who routinely uses for business purposes the type of legal services offered by the lawyer.

A person who routinely serves as a partisan arbitrator for the lawyer's former clients.

A person who routinely engages in law reform activities to improve the legal system.

A person who routinely makes political contributions to obtain government legal engagements.

unless the contact is with a: (3) person who routinely uses for business purposes the type of legal services offered by the lawyer.

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Under which circumstance is solicitation prohibited, even if it falls under one of the paragraph (b) exceptions?

If the communication relates to information that the lawyer reasonably believes is false.

If the lawyer has previously failed to comply with a legally proper discovery request by an opposing party.

If the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer.

If the lawyer fails to achieve the aspirational minimum of pro bono publico legal services hours.

A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: (1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer.

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Which type of conduct, if involved in solicitation, is prohibited regardless of the nature of the solicited person?

Conduct involving coercion, duress or harassment.

Conduct involving the assertion of a good faith argument for an extension of existing law.

Conduct involving the non-disclosure of material facts known to the lawyer about the matter.

Conduct involving the lawyer's prospective limitation of liability for malpractice.

A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: (2) the solicitation involves coercion, duress or harassment.

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Rule 7.3 (Solicitation of Clients) does not prohibit communications authorized by which authority?

Communications authorized by the presiding arbitrator in an alternative dispute resolution proceeding.

Communications authorized by the client to use information related to the representation to the client's disadvantage.

Communications authorized by law or ordered by a court or other tribunal.

Communications authorized by a partner with comparable managerial authority in the firm.

This Rule does not prohibit communications authorized by law or ordered by a court or other tribunal.

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Despite the live contact prohibition, a lawyer may participate in a prepaid or group legal service plan if the organization running the plan is characterized by what ownership structure?

The organization must be a professional corporation authorized to practice law for profit in which the lawyer holds a financial interest.

The organization must be owned and directed exclusively by licensed lawyers in the jurisdiction.

The organization must be a nonprofit entity that solely provides services to persons of limited means.

The organization must be one not owned or directed by the lawyer.

a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer.

25 / 30

When enrolling members or selling subscriptions, what unique factor about the prospective members allows a prepaid or group legal service plan to use live person-to-person contact?

If the persons have already consented in writing to receive solicitation for the plan.

If the persons are known to be seeking legal services related to a criminal matter.

If the persons are not known to need legal services in a particular matter covered by the plan.

If the persons routinely use for business purposes the type of legal services covered by the plan.

that uses live person-to-person contact to enroll members or sell subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

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When is a lawyer or law firm prohibited from accepting a government legal engagement or a judicial appointment?

If the lawyer or law firm fails to make reasonable efforts to assure all subordinate lawyers conform to the Rules of Professional Conduct.

If the lawyer or law firm has provided short-term limited legal services to the judge or government officer's spouse.

If the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

If the lawyer has a familial relationship with the judge or the governmental officer responsible for the appointment.

A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.

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What is a lawyer or bar applicant prohibited from doing knowingly in connection with a bar admission application or disciplinary matter?

Providing general legal advice about the interpretation of Rule 1.6 to the authority.

Failing to provide financial disclosures regarding past business relationships in other jurisdictions.

Making a false statement of material fact.

Asserting that the lawyer's professional judgment was directed by a superior lawyer in the firm.

An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (a) knowingly make a false statement of material fact.

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When must a lawyer or bar applicant disclose a fact to a disciplinary authority?

Making a false statement of material fact.

Asserting that the lawyer's professional judgment was directed by a superior lawyer in the firm.

If the fact in other jurisdictions.

Providing general legal advice about the interpretation of Rule 1.6 to the authority.

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When must a lawyer or bar applicant disclose a fact to a disciplinary authority?

If disclosure is necessary to correct a misapprehension known by the person to have arisen in the matter.

If the fact is generally known to the public and relates to the lawyer’s professional reputation.

If the disclosure is required to prevent a substantial financial loss to a third person.

If the fact relates to a prior criminal act that did not result in formal charges or conviction.

An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter.

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What is a lawyer or bar applicant prohibited from knowingly failing to do regarding a demand from an admissions or disciplinary authority?

Knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority.

Knowingly fail to provide documentation that is not reasonably related to the matter under investigation.

Knowingly fail to inform the client of the nature of the disciplinary proceeding against the lawyer.

Knowingly fail to identify the name and contact information of the lawyer responsible for the demand.

An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (b) or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority.

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MPRE_Basic_12

1 / 24

What type of information is exempt from the mandatory disclosure requirement in bar admission or disciplinary matters?

Information that would lead to the disqualification of a subordinate lawyer in the firm.

Information that relates to the lawyer's personal opinion as to the qualifications of a judicial officer.

Information otherwise protected by Rule 1.6 (client confidentiality).

Information concerning the lawyer’s participation in a prepaid or group legal service plan.

except that this rule does not require disclosure of information otherwise protected by Rule 1.6.

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What is the standard of proof for a prohibited statement made by a lawyer concerning the qualifications or integrity of a judge or legal officer?

The lawyer must not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity.

The lawyer must not make a statement that the lawyer has not personally verified through a thorough independent investigation.

The lawyer must not make a statement that materially prejudices the administration of justice.

The lawyer must not make a statement that the lawyer reasonably believes is necessary to mitigate adverse publicity.

A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

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What ethical compliance requirement must a lawyer who is a candidate for judicial office fulfill?

The lawyer shall refrain from soliciting political contributions from persons who have appeared before the lawyer’s tribunal.

The lawyer shall make reasonable efforts to obtain the informed consent of all current clients regarding the candidacy.

The lawyer shall comply with the applicable provisions of the Code of Judicial Conduct.

The lawyer shall limit all extrajudicial statements to those authorized by law or court order.

A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.

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What is the lawyer's duty upon knowing of another lawyer's violation of the Rules of Professional Conduct?

The lawyer must obtain informed consent from their own client before disclosing the violation to any authority.

The lawyer shall inform the appropriate professional authority if the violation raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.

The lawyer shall seek to disqualify the violating lawyer from any pending proceeding in which they are involved.

The lawyer must consult with the violating lawyer's managerial authority to determine appropriate internal remedies.

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

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What is the lawyer's duty upon knowing that a judge has committed a violation of applicable rules of judicial conduct?

The lawyer must notify all parties in pending cases before the judge of the potential for ethical compromise.

The lawyer must attempt to persuade the judge to remedy the violation before disclosing the conduct.

The lawyer shall immediately file a motion with the highest court to request disciplinary action against the judge.

The lawyer shall inform the appropriate authority if the violation raises a substantial question as to the judge's fitness for office.

A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

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Which two categories of information are exempted from the mandatory disclosure requirement for reporting professional misconduct (Rule 8.3)?

Information that is already contained in a public record or information concerning the scheduling of litigation.

Information about an uncontested issue or information related to the nature and value of legal services rendered in the case.

Information related to client financial contributions and information about a lawyer's participation in political activities.

Information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.

This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.

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Which action constitutes professional misconduct concerning the Rules of Professional Conduct themselves?

Failing to achieve the aspirational minimum of pro bono publico legal services hours per year.

Advising a client of the limitations of a short-term limited legal services program.

Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

Providing an evaluation of a client's matter that materially and adversely affects the client's interests without informed consent.

It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

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What characteristic makes a criminal act qualify as professional misconduct?

If the criminal act relates exclusively to a violation of federal or other law, but not the Rules of Professional Conduct.

If the criminal act results in an unreasonable financial burden on a third party or the lawyer's firm.

If the criminal act is not publicly known or has not yet resulted in a formal conviction or disciplinary action.

If the criminal act reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.

It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.

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Which four types of conduct, regardless of criminal designation, constitute professional misconduct?

Conduct involving undue influence, material prejudice, lack of candor, or failure to disclose.

Conduct involving dishonesty, fraud, deceit or misrepresentation.

Conduct involving failure to provide reasonable assurance of nonlawyer compliance, fee sharing, unauthorized practice, or improper solicitation.

Conduct involving frivolity, delay, harassment, or financial speculation.

It is professional misconduct for a lawyer to: (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

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What kind of conduct related to the judicial system is explicitly listed as professional misconduct?

Engaging in conduct intended to expedite litigation consistent with the interests of the client.

Engaging in conduct involving the failure to make timely disclosure of adverse authority known to the lawyer.

Engaging in conduct related to the settlement of a client controversy that restricts the lawyer's right to practice.

Engaging in conduct that is prejudicial to the administration of justice.

It is professional misconduct for a lawyer to: (d) engage in conduct that is prejudicial to the administration of justice.

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What is a lawyer prohibited from doing regarding their ability to influence officials?

State or imply that the lawyer's professional judgment is directed by a person who employs or pays the lawyer.

State or imply that the lawyer will perform services at a substantially reduced fee for a government agency.

State or imply that the lawyer has a familial relationship with a judge or adjudicatory officer.

State or imply an ability to influence improperly a government agency or official.

It is professional misconduct for a lawyer to: (e) state or imply an ability to influence improperly a government agency or official.

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Achieving results by what means constitutes professional misconduct?

To achieve results by means that involve the use of nonlawyer employees to manage litigation logistics.

To achieve results by means that violate the Rules of Professional Conduct or other law.

To achieve results by means that restrict the right of another lawyer to practice after termination of the relationship.

To achieve results by means that require the use of a third-party neutral to resolve the dispute.

It is professional misconduct for a lawyer to: (e) or to achieve results by means that violate the Rules of Professional Conduct or other law.

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What is the prohibition regarding assisting judicial officers in conduct violations?

Knowingly assist a judge or judicial officer in matters that involve only the scheduling or result of litigation.

Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Knowingly assist a judge or judicial officer in drafting legal documents related to an ex parte proceeding.

Knowingly assist a judge or judicial officer in securing or protecting civil rights, civil liberties or public rights.

It is professional misconduct for a lawyer to: (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

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Based on which specific characteristics is a lawyer prohibited from engaging in harassment or discrimination related to the practice of law?

Personal opinion, client history, professional reputation, or geographic origin of practice.

Political contribution history, financial solvency, educational attainment, or professional certification.

Race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.

Type of legal service offered, fee structure, advertising medium used, or disciplinary history.

It is professional misconduct for a lawyer to: (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.

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What is the scope of the rule prohibiting harassment or discrimination regarding a lawyer's ability to accept, decline, or withdraw from representation?

The paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16.

The paragraph does not limit the lawyer's ability to accept, decline, or withdraw from a representation in accordance with Rule 6.5.

The paragraph limits the lawyer's ability to accept, decline, or withdraw from a representation in accordance with Rule 1.7.

The paragraph limits the lawyer's ability to accept, decline, or withdraw from a representation in accordance with Rule 1.16.

This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16.

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What type of advice or advocacy is not precluded by the rule against harassment and discrimination?

Advice or advocacy consistent with these Rules.

Advice or advocacy that is specifically related to a good faith argument for an extension, modification, or reversal of existing law.

Advice or advocacy related to the lawyer's personal interest in receiving a nominal gift as appreciation.

Advice or advocacy that is based on confidential government information acquired during the representation.

This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.

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A lawyer admitted to practice in a specific jurisdiction is subject to the disciplinary authority of that jurisdiction regardless of what factor?

Regardless of where the lawyer’s conduct occurs.

Regardless of whether the lawyer has obtained informed consent from the client for multijurisdictional practice.

Regardless of whether the lawyer is also subject to the disciplinary authority of a foreign jurisdiction.

Regardless of whether the lawyer maintains the aspirational minimum of pro bono publico legal services hours.

A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs.

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Under what condition is a lawyer not admitted in a given jurisdiction subject to the disciplinary authority of that jurisdiction?

If the lawyer makes a political contribution in that jurisdiction for the purpose of obtaining a judicial appointment.

If the lawyer provides or offers to provide any legal services in that jurisdiction.

If the lawyer's conduct is governed by the Rules of Professional Conduct of their home jurisdiction.

If the lawyer's conduct results in the inadvertent disclosure of electronically stored information.

A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction.

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Is it possible for a lawyer to be subject to the disciplinary authority of multiple jurisdictions for the same conduct?

No, a lawyer can only be subject to discipline in the jurisdiction where the predominant effect of the conduct occurs.

Yes, a lawyer may be subject to the disciplinary authority of both the admitting jurisdiction and another jurisdiction for the same conduct.

Yes, but only if the conduct involves a violation of the Rules of Professional Conduct that also constitutes a criminal act.

No, the disciplinary authority is determined solely by the rules of the tribunal before which a matter is pending.

A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.

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Which rules of professional conduct apply when conduct is in connection with a matter pending before a tribunal?

The rules of the jurisdiction where the lawyer's conduct occurred.

The rules of the jurisdiction in which the tribunal sits.

The rules of the jurisdiction where the client is domiciled or principally located.

The rules of the jurisdiction where the predominant effect of the conduct will occur.

for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits.

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Under what specific condition are the rules of the jurisdiction in which the tribunal sits not applied to conduct connected with a pending matter?

Unless the conduct involves assisting a judge in a violation of applicable rules of judicial conduct.

Unless the lawyer reasonably believes that the predominant effect of the conduct will occur in a different jurisdiction.

Unless the rules of the tribunal provide otherwise.

Unless the lawyer has obtained informed consent from the client to follow the rules of the lawyer's home jurisdiction.

unless the rules of the tribunal provide otherwise.

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For conduct not connected to a matter pending before a tribunal, which rules are applied, based on the location of the conduct?

The rules of the jurisdiction where the lawyer is admitted to practice.

The rules of the jurisdiction in which the lawyer’s conduct occurred.

The rules of the jurisdiction where the nonlawyer staff associated with the lawyer is primarily employed.

The rules of the jurisdiction where the lawyer has established a systematic and continuous presence.

for any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred.

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If the predominant effect of conduct not pending before a tribunal is in a different jurisdiction from where the conduct occurred, which rules apply?

The rules of the jurisdiction where the lawyer has made reasonable efforts to expedite litigation.

The rules that provide for an agreement concerning benefits upon retirement.

The rules of the jurisdiction where the lawyer reasonably believed the predominant effect would occur.

The rules of that different jurisdiction shall be applied to the conduct.

or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct.

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When is a lawyer not subject to discipline even if their conduct violates the rules of the jurisdiction where the conduct occurred or its predominant effect lies?

If the lawyer has made a substantial financial contribution to organizations that provide legal services to persons of limited means.

If the lawyer is acting at the direction of a partner with comparable managerial authority who ratified the conduct.

If the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.

If the lawyer has previously accepted an appointment by a tribunal to represent an indigent person.

A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.

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