MPRE Practice Exam Questions and Answers: Ethical Considerations for Lawyers, Exams of Nursing

Download MPRE Practice Exam Questions and Answers: Ethical Considerations for Lawyers and more Exams Nursing in PDF only on Docsity!

ANSWERS 100% SOLVED (Newest 2025)

An attorney and a prospective client met to discuss whether the attorney would represent the client in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about her litigation objectives and how much she would be able to pay the attorney. As they were wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client confided in the attorney that she had a son the same age, but she had given him up for adoption because she was an unwed teenager when he was born. She told the attorney that no one except her family knew about the adoption, and she asked the attorney to keep it confidential. Is the information about the client's pregnancy protected by the attorney-client privilege? A. No, because the woman had not retained the attorney when the conversation took place. B. No, because the communication was not relayed for legal advice. C - Correct Answers ✅Answer choice B is correct. A confidential communication between a client and her attorney is privileged. The evidentiary attorney-client privilege covers the client's communication to an attorney whom the client reasonably believes represents the client, and the circumstances indicate a desire by the client for confidentiality. Although the attorney does not need to give advice or agree to the representation for the privilege to exist, the communication must be for the purpose of seeking legal advice or representation. Although the statement about the client's child was given in confidence and would be protected by the attorney's ethical duty of confidentiality, it is

ANSWERS 100% SOLVED (Newest 2025)

not subject to the attorney-client privilege because it was not relayed for the purpose of obtaining legal advice. Answer choice A is incorrect because, although the woman was a potential client with regard to the contract matter, the privilege would not apply to the statement regarding the adoption because the statement was not made for the purpose of obtaining legal advice. Answer choice C is incorrect because the communication was not made for the purpose of obtaining legal advice, so it is not privileged even if the woman had a reasonable expectation of representation. Answer choice D is incorrect because, although the communication would have been privileged if it had been relayed for the purpose of obtaining legal advice, it was not relayed for that purpose. A well-known defense attorney met with a criminal defendant regarding representation of the defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was indigent, that she would represent him if he agreed to grant her movie rights regarding the representation. The client agreed to these terms, and the attorney provided him with a written consent form setting forth the terms of the representation and advising him to seek independent counsel. The attorney met with the defendant several days later, at which time he returned a signed copy of the written consent form. He told her that he had not consulted with another attorney. The attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case to television studios shortly thereafter. Were the attorney's actions in securing the movie rights based on the case proper?

ANSWERS 100% SOLVED (Newest 2025)

No, because an attorney may not provide financial assistance to a client for the client's living expenses. No, because an attorney must take steps to ensure that a client will repay any monetary advances made by the attorney before making such an advance. Yes, because an attorney may provide financial assistance to an indigent client. Yes, because the defendant repaid the money to t - Correct Answers ✅Answer choice A is correct. Financial assistance to a client is prohibited with respect to pending or planned litigation, except that an attorney may advance litigation expenses and court costs. The $50 in this case did not relate to such expenses and costs, and therefore it is prohibited. Answer choice B is incorrect because an attorney may not generally provide money to a client regardless of whether there is a prior agreement by the client to repay it. Answer choice C is incorrect because although an attorney representing an indigent client may advance court costs and litigation expenses regardless of whether the funds will be repaid, an attorney may not provide other forms of financial assistance. The money in this case did not relate to court costs or litigation expenses, and thus it would be prohibited. Answer choice D is incorrect because, even though the client repaid the attorney, an attorney is prohibited from providing a client with funds for living expenses.

ANSWERS 100% SOLVED (Newest 2025)

An author engaged an attorney to represent him in a copyright infringement action. The representation agreement contained a provision that required the parties to submit all disputes, including malpractice disputes, to arbitration. The attorney did not discuss this provision with the author, nor did he advise him to seek independent counsel with regard to it. The infringement action was successful, and no dispute arose between the author and the attorney. Consequently, the provision was not enforced. The applicable jurisdiction recognizes the validity of arbitration in this context. Is the attorney subject to discipline? No, because the validity of arbitration is recognized by the applicable jurisdiction. No, because the provision was not enforced. Yes, because the attorney failed to inform the author as to the scope and effect of the arbitration section of the representation agreement. Yes, because the attorney - Correct Answers ✅Answer choice C is correct. An attorney may enter into an arbitration agreement with a client with regard to a malpractice dispute if such an agreement is permitted by the applicable jurisdiction. However, the client must be fully informed as to the scope and effect of the agreement. Because the attorney failed to provide the client with such information, the

ANSWERS 100% SOLVED (Newest 2025)

An attorney representing co-parties may make an aggregate settlement only if both clients consent in writing after full consultation and disclosure by the attorney, including disclosure of the nature and extent of all claims and pleas, and the participation of each party in the settlement. Here, the attorney did not disclose the nature and extent of the offer and the participation of each party in the settlement before accepting the settlement offer. Answer choice A is incorrect because the attorney did not make a full disclosure about the settlement to each party before he accepted the offers; it is irrelevant whether the amount was aligned with the original amount specified by each party. Answer choice B is incorrect because the attorney did not make a full disclosure regarding the settlement to the clients before they accepted the settlement in writing. Answer choice C is incorrect because an attorney may represent co-parties receiving different settlement amounts as long as the attorney makes a full disclosure to each client. An attorney successfully represented a woman charged with operating a house of prostitution. Subsequently, a famous politician who was charged with soliciting a prostitute within the alleged brothel sought to hire the attorney to represent him. The woman told the attorney that she did not object to his representation of any of the men charged with solicitation, but she refused to sign a written statement to that effect because she no longer wanted to be linked to the charges in any written document. Would it be proper for the attorney to accept the politician as a client?

ANSWERS 100% SOLVED (Newest 2025)

No, because the attorney represented the woman previously. No, because the politician's claim is substantially related to the matter in which the attorney represented the woman. Yes, because the attorney received the woman's informed oral consent. Yes, although the attorney did not receive the woman's informed consent in writing. - Correct Answers ✅Answer choice D is correct. An attorney who has previously represented a client in a matter must not subsequently 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. Here, while the matters were substantially related, the interests of the politician and the woman were not adverse because both wanted to disprove that any illegal acts related to prostitution occurred. Answer choice A is incorrect because even though the attorney represented a former client in a substantially related matter, the interests of the woman and the politician are not adverse. Answer choice B is incorrect because the former and current clients do not have adverse interests. Answer choice C is incorrect because the woman's informed consent, oral or written, is not required because the clients do not have adverse interests.

ANSWERS 100% SOLVED (Newest 2025)

panel's decision in order to be able to represent a party in connection with the matter arbitrated. Answer choice C is incorrect. As noted with respect to answer choice A, while generally each party to an arbitration must give informed, written consent for an attorney who personally and substantially participated as an arbitrator to represent anyone in connection with the matter arbitrated, this restriction does not apply to an arbitrator selected as a partisan of a party in a multi-member arbitration panel. Answer choice D is incorrect because, although the attorney personally and substantially participated as a member of the arbitration panel by listening to both parties to the arbitration present their cases and voting on the matter being arbitrated, the attorney could nevertheless represent the consumer in an action challenging the arbitration of the dispute because the attorney was selected as a partisan of the party in the multi-member arbitration panel. The owner of undeveloped real property entered into a contract to sell the property to an investor. The investor's obligation to purchase the property was conditioned on the title to the property being marketable. A lawyer employed by the investor investigated the validity of the seller's title to the property and reported to the investor that there was a cloud on the seller's title, which made the property unmarketable. As a consequence, on the date set for closing, the investor did not tender the purchase price. On that date, due to independent economic events, the fair market value of the property was less than the purchase price. Subsequently, it was uncovered that the lawyer misread a key document and

ANSWERS 100% SOLVED (Newest 2025)

the seller had clear title to the property. Is the lawyer subject to discipline? Yes, because the lawyer failed to competently investigate the validity of the seller's title to the property. Yes, because the sell - Correct Answers ✅Answer choice A is correct. A lawyer is required to provide competent representation to a client. Here, the lawyer failed to provide such representation by negligently conducting the title search. Answer choice B is incorrect because, although the seller presumably suffered an economic loss when the seller eventually sold the property since, at the time of closing, the property's fair market value had dropped below the contract price, it is not necessary that a third party suffer harm for a lawyer to be subject to discipline for violation of a rule. Answer choice C is incorrect because, although the investor did not suffer an economic loss by not completing the sale since the fair market value of the property had dropped below its contract price, it is not necessary that a client suffer harm for a lawyer to be subject to discipline for a violation of a rule. Answer choice D is incorrect because, while the punishment imposed for violation of a rule of professional conduct may be less when the lawyer's violation was not willful, a lawyer is nevertheless subject to discipline for violation of a rule even though the violation was inadvertent rather than intentional.

ANSWERS 100% SOLVED (Newest 2025)

while the attorney may not have deviated from a general attorney's standard of care, he did deviate from the standard of care of a specialist. Answer choice D is incorrect because if the attorney was negligent, then the client's consent would not mitigate his liability. An attorney was engaged to create a trust for a client. The attorney, working to acquire an LL.M. in taxation, had taken several advanced tax law classes. The attorney did not advertise her advanced knowledge of the tax law because she had not been certified as a tax specialist by a state- approved or ABA-accredited organization, and the client was not aware that the attorney had any training in tax law. The trust created by the attorney ran afoul of tax provisions that a lawyer with her special knowledge of the tax law should have been able to avoid. As a consequence, the settlor incurred a tax liability that he otherwise would not have incurred. May the attorney be subject to civil liability to the settlor? Yes, because the attorney could not disclaim her possession of specialized knowledge of the tax law. Yes, because the attorney failed to exercise the special skill in tax law that she possessed. No, because th - Correct Answers ✅Answer choice B is correct. In determining a lawyer's duty of care, the lawyer's special experience with or knowledge of the law is taken into

ANSWERS 100% SOLVED (Newest 2025)

account. Because the attorney should have been able to avoid the adverse tax consequences to the settlor by using her special knowledge of the tax law, the attorney has breached her duty of care and may be liable to the settlor for the tax liability incurred by the settlor. Answer choice A is incorrect because, at least in some circumstances, a lawyer may disclaim competency in excess of the ordinary or the possession of specialized knowledge. However, no disclaimer was made here. Answer choice C is incorrect because a lawyer has a duty to exercise any special skills or to apply special knowledge when acting on behalf of her client, unless she properly disclaims such skills or knowledge. Note: Such duty does not extend to a non-client who is not aware of the lawyer's skills or knowledge and who therefore does not rely on them. Answer choice D is incorrect because, although the attorney properly did not hold herself as a tax specialist, the attorney was required to use the specialized knowledge that she possessed. A farmer asked his attorney to draft a letter in connection with a loan transaction. The letter issued by the attorney stated that the farm equipment to be pledged by the farmer to the lender to secure the loan was not subject to prior liens. The letter did not indicate that the attorney had relied on the farmer's statement to that effect and had not performed, as custom would require, a search of the relevant public records. Such a search would have revealed that the farmer's statement was false. At the farmer's direction, the attorney, unaware that the farmer had misinformed him as to the existence of the liens, sent the letter to the lender, who relied on it in making the loan. Subsequently, the farmer defaulted

ANSWERS 100% SOLVED (Newest 2025)

wooded property that he knew the nephew loved to use for hunting. The wooded property was one of many tracts of land on a vast stretch of property owned by the client. After the client died, the nephew discovered that the tract of land actually left to him was a patch of rocky shore abutting a large lake two plots down from the wooded property. The error occurred because the attorney had mistakenly listed the incorrect address for the property that the client sought to transfer to his nephew. The nephew, having been told by his grandfather that he would receive the wooded property, filed an action to have the wooded property transferred to him. During the estate proceedings, the court held that there was insufficient evidence to establish that the client intended to transfer the wooded property to the - Correct Answers ✅Answer choice C is correct. An attorney may owe a duty to a non-client when the attorney knows that the client intends the attorney's services to benefit the non-client. An attorney will owe a duty to a non-client to use care when and to the extent that: (i) the attorney knows that the client intends as one of the primary objectives of the representation that the attorney's services benefit the non-client, (ii) such duty would not significantly impair the attorney's performance of obligations to the client, and (iii) the absence of such duty would make enforcement of those obligations to the client unlikely. Here, the attorney knew that the client hired him to draft a will to benefit the nephew, and nothing about the arrangement seems to have impaired the attorney's ability to represent the client adequately. Answer choice A is incorrect because in this instance, the attorney would owe a duty to the nephew. Answer choice B is incorrect because attorneys may owe duties to parties other than their clients. As

ANSWERS 100% SOLVED (Newest 2025)

explained above, the attorney in this case did owe a duty to the nephew even though the nephew is not his client. Answer choice D is incorrect because the nephew, a third party, would not recover only because the attorney breached a duty to his client, the uncle. Rather, the nephew would be able to recover under a negligence theory in his own right, because the attorney owed a duty to the nephew as an intended beneficiary of the representation. An attorney and her client met to discuss a discovery request from the opposing party. One item requested was a computer disk that contained evidence of the client's fraudulent behavior. The defendant told her attorney that if the attorney turned over the disk, the client would go "straight to jail." The attorney told the client that her words were protected by attorney-client privilege, and therefore, he would not reveal what she just stated. The attorney told the client to destroy the disk because the attorney was afraid that if he saw the information included on the disk, he might have to withdraw from representing her. Would the attorney's advice to his client subject him to discipline? No, unless the client actually destroyed the disk. No, because the attorney did not know if the disk included any relevant information.

ANSWERS 100% SOLVED (Newest 2025)

attorney to perform specific legal services. The attorney maintained records related to all account transactions in accordance with the state rules of professional conduct, which were identical to the ABA Model Rules of Professional Conduct, but she did not pay bank service charges on the account from her own funds. Is the attorney subject to discipline with regard to her actions concerning the trust fund account? - Correct Answers ✅Answer choice D is correct. A lawyer must hold funds that are in a lawyer's possession in connection with a representation separate from the lawyer's own funds. Funds must be kept in a separate client trust account, which generally must be maintained in the state in which the lawyer's office is situated. MRPC 1.15(a). The engagement fee was the attorney's property since the attorney was not required to perform future legal services. By placing the engagement fee into the trust account, the attorney improperly commingled her property with her client's property. Answer choice A is incorrect because, even though the attorney properly maintained the records related to the account, the attorney improperly deposited the engagement fee into the account. Answer choice B is incorrect because, although the attorney properly created the trust account to keep her client's property separate from her own, the attorney improperly deposited the engagement fee into the account. Answer choice C is incorrect because a lawyer is permitted but not required to pay the bank service charges on a client trust account from the lawyer's own funds. An attorney participates in a prepaid legal services plan providing legal services to the plan's members. The attorney

ANSWERS 100% SOLVED (Newest 2025)

is not involved in the solicitation of persons to become members, but he does manage the plan for the plan's sponsor. In this role, the attorney acts to ensure that the plan sponsor adheres to the rules governing lawyer advertising and solicitation. Employees of the plan's sponsor, none of whom are attorneys, do solicit by phone individuals to become members of the plan, but they do not target persons who are known to need legal services in a particular matter. Is the attorney subject to discipline? No, because the attorney is not involved in the solicitation of persons to become members of the plan. No, because the attorney acts to ensure that the plan sponsor adheres to the rules on lawyer advertising and solicitation. Yes, because employees of the plan's sponsor engage in real- time solicitation - Correct Answers ✅Answer choice D is correct. Generally, a lawyer is prohibited from engaging in in- person or other real-time contact to solicit professional employment for pecuniary gain. A lawyer may provide legal services through a prepaid or group legal services plan that solicits membership in the plan through real-time contact, but not if the plan is owned or directed by a lawyer or law firm that participates in the plan. Answer choice A is incorrect because, even though the attorney is not involved in the solicitation of persons to become members of the plan, the attorney's management of a plan that engages in real-time solicitation of members, coupled with the attorney's