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MPRE Study
- Application Process - correct answers a. Prohibited behavior - correct answers An applicant for admission to the bar is prohibited from: i) Knowingly making a false statement of material fact in connection with the application; ii) Failing to disclose a fact necessary to correct a misapprehension known by him to have arisen in the matter; or iii) Failing to respond to a lawful demand by an admissions authority in connection with the application (unless such fact is protected by the rules governing confidential communications). b. Fifth Amendment privilege - correct answersAn applicant for admission to the bar may invoke the Fifth Amendment privilege against self-incrimination but must do so openly rather than simply leaving out requested information. MRPC 8.1, cmt. 2. c. Violations prevent admission - correct answersViolation of the provisions of the Model Rules may prevent admission. If the applicant has been admitted, the applicant is subject to discipline as a lawyer for having violated the provisions. MRPC 8.1, cmt. 1. d. Information from others - correct answersBar authorities seek information as to an applicant's fitness to practice law from the applicant and from other people. A person who is a member of the bar is subject to the same rules as those impacting the applicant. If a lawyer is asked about an applicant and fails to disclose a fact necessary to correct a misapprehension or to disclose any material fact requested in connection with the application, the lawyer is subject to discipline under the Model Rules. MRPC 8.1, cmt. 1. This rule, however, does not require the lawyer to disclose information that is otherwise protected by the confidentiality provisions of the Model Rules or the attorney-client privilege.
d. Information from others- Example - correct answersExample: An attorney is asked to write a letter of recommendation for a client's nephew for admission to the bar. The attorney has had no direct contact with the nephew, but the client has assured the attorney that the nephew is industrious and honest. The attorney is not permitted to write the letter based on the client's assurance. The attorney must make an independent investigation and write the letter only if the attorney is then satisfied that the nephew is qualified. A question on a bar application such as, "Have you ever been a party to any legal action or proceeding?" must be answered truthfully and completely, even if the action was dismissed or the judgment eventually expunged. REGULATION AFTER ADMISSION - correct answers
- Grounds of Misconduct - correct answersIt is professional misconduct for a lawyer to: a. Violate or attempt to violate any of the Model Rules, knowingly assist or induce another to do so, or to do so through the acts of another. MRPC 8.4(a). b. Commit a criminal act that reflects adversely on the lawyer's honesty or fitness as a lawyer in other respects. MRPC 8.4(b). c. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, regardless of whether the conduct is criminal. MRPC 8.4(c). d. Engage in conduct prejudicial to the administration of justice, regardless of whether the conduct is criminal or dishonest in nature. MRPC 8.4(d). e. State or imply an ability to influence improperly a government agency or official. MRPC 8.4(e). f. Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. MRPC 8.4(f).
branch of a law firm, must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that the conduct of all lawyers in the firm, as well as that of non-lawyers employed by the firm, conforms to the Model Rules. MRPC 5.1(a), 5.3(a). What constitutes reasonable measures depends on the size and kind of firm. b. Manager's responsibility for firm's preventive measures- EXAM NOTE - correct answersEXAM NOTE: The obligations of a partner are tested frequently in the context of paralegals or other non-lawyers violating a Model Rule without the lawyer's knowledge. The outcome depends on whether the firm had procedures in place to prevent such violations. If a question indicates that a subordinate engaged in misconduct without the lawyer's knowledge, check to see if preventative measures, such as employee training, were taken. c. Direct supervisor's responsibility for supervised person's conduct - correct answersA lawyer with direct supervisory authority over the work of another lawyer in the firm or a non-lawyer employed by the firm must make reasonable efforts to ensure that the supervised person's conduct conforms to the Model Rules. MRPC 5.1(b). EXAM NOTE: Supervisory obligations are frequently tested in situations in which non-lawyers are not properly instructed of the need to maintain confidential communications. d. Failure to remediate known misconduct - correct answersA lawyer with managerial authority in a law firm or a lawyer with direct supervisory authority over another lawyer or non-lawyer employed by the firm is subject to discipline for misconduct about which the managerial or supervisory lawyer knows at a time when the consequences of the misconduct can be avoided or mitigated, but the managerial or supervisory lawyer fails to take reasonable remedial action. MRPC 5.1(c); 5.3(c). EXAM NOTE: This is a frequently tested area on the MPRE. Often the issue will involve whether the supervisor could have prevented the misconduct. If the supervisor could not have prevented the subordinate's misconduct, then the subordinate's misconduct is not attributed to the supervisor unless the supervisor learned of the action while it was still possible to take remedial action to mitigate the consequences of the misconduct.
e. Duties of subordinate lawyer - correct answersA subordinate lawyer must conform to the Model Rules even if acting under the direction of a supervising lawyer. MRPC 5.2. The subordinate lawyer is not in violation of the Model Rules, however, if the subordinate lawyer acts in accordance with the supervising lawyer's reasonable resolution of an arguable question of professional duty. MRPC 5.2(b). If an ethical issue can only be reasonably answered in one specific way, it does not constitute an arguable question. MRPC 5.2, cmt. 2. Also, in order to know whether a supervising lawyer's resolution is in fact reasonable, the subordinate lawyer has a responsibility to undertake his own analysis of the law applicable to his conduct. Example: An associate attorney disagreed with his supervising attorney as to their responsibility to respond to a request for production of documents. The request is ambiguous and after careful consideration of the rules, the associate attorney follows his supervisor's direction not to produce certain documents. A court subsequently finds that the refusal to produce the documents constituted a violation of the Model Rules. The supervising attorney is subject to discipline, but the associate attorney is not. f. Runners and cappers - correct answersLawyers who employ agents to monitor accidents and other events likely to produce legal work in order to solicit business on the lawyer's behalf are subject to discipline. See MRPC 5.3. Employment of runners or cappers is also a criminal violation in some states.
- Misconduct Outside of the State or Jurisdiction - correct answersA lawyer is subject to discipline for misconduct in any jurisdiction in which the lawyer is admitted to practice, even if the misconduct occurred outside of that jurisdiction. The lawyer may be subject to discipline in both the jurisdiction where admitted and the jurisdiction where the misconduct occurs. MRPC 8.5(a). a. Choice of law - correct answersFor conduct relating to a proceeding pending before a tribunal, the lawyer is subject only to the rules of the jurisdiction in which the tribunal sits unless the rules of the tribunal, including its choice of law rule, provide otherwise. As to all other conduct, a lawyer is subject to the rules of the jurisdiction in which the conduct occurred. MRPC 8.5(b), cmt. 4. b. Multiple jurisdictions - correct answersIf a lawyer's conduct involves significant contacts with more than one jurisdiction, the lawyer is not subject to discipline so long as the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect will occur. In determining a lawyer's reasonable belief with regard to conflict of interest, a written agreement between a lawyer and client that reasonably specifies a jurisdiction will be
inferred from the circumstances and includes learning of the misconduct from a reliable source when there is independent corroboration. MRPC 1.0(f), 8.3(a).
- Judicial Misconduct - correct answersA 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 must inform the appropriate authority. MRPC 8.3(b).
- Sanctions for Failure to Report Misconduct - correct answersIf a lawyer fails to report misconduct by another lawyer or judge, the lawyer is subject to discipline. MRPC 8.4(a).
- Defamation Action - correct answersTo protect the reporting lawyer from a retaliatory defamation action by the lawyer engaged in misconduct, a privilege against defamation applies to the required reporting of another lawyer's misconduct. E. UNAUTHORIZED PRACTICE OF LAW - correct answersA lawyer is subject to discipline for practicing in a jurisdiction in which the lawyer is not admitted to practice. MRPC 5.5(a); 8.5(a). Lawyers are also obligated to ensure that only authorized persons engage in the practice of law and are subject to discipline for assisting non-lawyers in the unlicensed practice of law. MRPC 5.5(b). Only lawyers are subject to discipline under the Model Rules, but non-lawyers (as well as lawyers) may be subject to civil and criminal penalties for the unauthorized practice of law.
- Not Admitted to Practice in a Jurisdiction - correct answers a. Unauthorized practice - correct answersIn general, a lawyer may not practice law in a jurisdiction where the lawyer is not admitted to practice, or assist another in doing so. MRPC 5.5(a). Except as permitted by a jurisdiction's laws or ethics rules, a lawyer who is not admitted to practice in a jurisdiction must not establish an office or other systematic and continuous presence in the jurisdiction for the practice of law or hold out to the public or otherwise represent that the lawyer is admitted to practice law in the jurisdiction. MRPC 5.5(b).
b. Exceptions permitting temporary practice - correct answersUnder certain circumstances, a lawyer who is admitted to practice in another United States jurisdiction, and NOT DISBARRED OR SUSPENDED FROM PRACTICE IN ANY JURISDICTION, may provide legal services on a temporary basis in a second jurisdiction where the lawyer is not admitted to practice. MRPC 5.5(c).
- In association with a local lawyer
- Authorized by law or order to appear pro has vice
- Mediation or arbitration arising out of practice in admitted jurisdiction Note: A lawyer who is admitted to practice in a jurisdiction but who is not authorized to practice in that jurisdiction (e.g., is on inactive status) does not qualify for these exceptions or the exceptions for permanent practice discussed at c, infra. MRPC 5.5, cmt. 7.
- In association with a local lawyer - correct answersA lawyer admitted in a jurisdiction may provide legal services in another jurisdiction on a temporary basis if the services are undertaken in association with a lawyer who is admitted to practice in the second jurisdiction and who actively participates in the matter. MRPC 5.5(c) (1).
- Authorized by law or order to appear pro hac vice - correct answersA lawyer admitted in a jurisdiction may provide legal services in another jurisdiction on a temporary basis if the services are in—or reasonably related to a pending or potential proceeding before a tribunal in—any jurisdiction, 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. MRPC 5.5(c)(2). Such authority may be granted pursuant to formal rules governing admission pro hac vice (meaning "for this turn only") or pursuant to informal practice of the tribunal. A lawyer admitted to practice in a jurisdiction who seeks to appear before a tribunal in another jurisdiction in which the lawyer is not admitted to practice must comply with any court rule or other law of the other jurisdiction that requires the lawyer to obtain admission pro hac vice before appearing. MRPC 5.5, cmt. 9. Note that a lawyer rendering services in a jurisdiction on a temporary basis does not violate the Model Rules if the lawyer engages in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law or in which the lawyer reasonably expects to be admitted pro hac vice. Examples of such conduct include meetings with the client, witness interviews, and document review.
- Lawyer is providing services only to his employer - correct answersA lawyer who is admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services through an office or other systematic and continuous presence in a second jurisdiction where the lawyer is not admitted to practice if the lawyer is only providing legal services to the lawyer's employer or its organizational affiliates and the forum does not require pro hac vice admission for such services. MRPC 5.5(d)(1). This rule permits an in-house corporate lawyer or a government lawyer to provide legal advice to an employer without having to be admitted to practice. If such a lawyer litigates a matter in the jurisdiction, however, the lawyer typically should seek pro hac vice admission. Additionally, the exception does not authorize the provision of personal legal services to the employer's officers or employees. MRPC 5.5, cmt. 16.
- Federal or local law authorizes such practice - correct answersA lawyer who is admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services through an office or other systematic and continuous presence in a second jurisdiction where the lawyer is not admitted to practice if the services that the lawyer is providing are authorized to be provided by federal law or other law or rule of the second jurisdiction. MRPC 5.5(d) (2). Note that a lawyer who is admitted to practice in one jurisdiction and practices law in another jurisdiction where the lawyer is not admitted under one of the exceptions discussed above is subject to the disciplinary rules of BOTH jurisdictions. MRPC 5.5, cmt. 19; 8.5(a).
- Foreign lawyer - correct answersThese exceptions also apply to a person who is a lawyer in good standing in a foreign country. If the foreign lawyer is performing services for an employer or its organizational affiliates, the advice as to U.S. federal or state law must be based on advice of a lawyer who is licensed and authorized by the applicable jurisdiction to give such advice. MRPC 5.5(d)(1),(2).
- Assisting Non-Lawyers in the Unauthorized Practice of Law - correct answers a. In general - correct answersA lawyer must not assist a person who is not admitted to practice in a jurisdiction in the unauthorized practice of law. MRPC 5.5(a). The definition of the practice of law is established by law and varies from one jurisdiction to another.
The non-lawyer who engages in the unauthorized practice of law can be subject to civil and criminal penalties, but is not subject to discipline under the Model Rules. A lawyer who engages in the unauthorized practice of law or assists a non-lawyer in unauthorized practice may be subject to civil and criminal penalties and is also subject to discipline under the Model Rules. b. Employment of paraprofessionals - correct answersThe Model Rules permit a lawyer to employ the services of paraprofessionals and delegate functions to them, so long as the lawyer supervises the delegated work and retains responsibility for it. MRPC 5.5, cmt. 2; 5.3. c. Providing professional advice to non-lawyers whose employment requires legal knowledge - correct answersThe Model Rules do not prohibit a lawyer from providing professional advice and instruction to non-lawyers whose employment requires legal knowledge (e.g., claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies). Lawyers may also advise independent non-lawyers, such as paraprofessionals, who are authorized by the law of a jurisdiction to provide particular law-related services. MRPC 5.5, cmt. 3. d. Assistance to non-lawyers proceeding pro se - correct answersA lawyer may counsel non-lawyers who wish to proceed pro se (represent themselves) in a legal matter. MRPC 5.5, cmt. 3. (Note: While an individual who is not a lawyer may represent himself, a legal entity, such as a corporation, generally may not act pro se in a legal matter through an employee who is not a lawyer. Restatement (Third) of the Law Governing Lawyers § 4 cmt. d, e. F. FEE DIVISION WITH NON-LAWYERS - correct answersThe Model Rules prohibit fee sharing by lawyers with non-lawyers EXCEPT WHEN: i) Fees are paid into a LAWYER'S ESTATE or to one or more specified persons over a reasonable period of time as a death benefit according to an operating agreement; ii) A lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer pays to that lawyer's estate or other representative the agreed-upon purchase price;
- Limitations on Association With Non-Lawyers - correct answersThe Model Rules limit the extent to which lawyers may form partnerships or associate with non- lawyers. MRPC 5.4. a. Partnership - correct answersA lawyer is NOT permitted to form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law. MRPC 5.4(b). b. Professional corporation - correct answersA lawyer is NOT permitted to practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: i) A non-lawyer 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); ii) A non-lawyer is a corporate director or officer thereof or occupies a position of similar responsibility in any form of association other than a corporation; or iii) A non-lawyer has the right to direct or control the professional judgment of a lawyer. MRPC 5.4(d). b. Professional corporation- EXAMPLE - correct answersExample: A law firm is organized as a professional corporation with five lawyer-shareholders. It would be improper for the office manager, who is not a member of the bar, to serve as the executive vice president of the law firm. c. Third party refers client or pays fee - correct answersA lawyer must 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. MRPC 5.4(c). See also, MRPC 1.8(f) (lawyer may accept compensation from third party so long as there is no interference with lawyer's independent professional judgment and client gives informed consent).
- Responsibilities Regarding Law-Related Services - correct answers a. "Law-related services" - correct answersLawyers may provide "law-related services," which are defined by the Model Rules as 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 non-lawyer. MRPC 5.7(b). Some examples of law-related services include providing title insurance, financial planning, accounting, trust services, real estate counseling, legislative lobbying, economic analysis, social work, psychological counseling, tax preparation, and patent, medical, or environmental consulting. MRPC 5.7, cmt. 9. Under certain circumstances, the lawyer providing law-related services is subject to the Model Rules with regard to such services, even though a non-lawyer performing such services would not be subject to the rules.
- Provision of law-related services is not distinct from legal services - correct answersA lawyer is subject to the Model Rules with respect to the provision of law- related services, if such services are provided by the lawyer in circumstances that are not distinct from the lawyer's provision of legal services to clients. MRPC 5.7(a) (1).
- Provision of law-related services is not distinct from legal services- EXAMPLE - correct answersExample: An attorney assists a client with drafting a will and also provides financial planning advice as part of his estate planning services. The attorney is subject to the Model Rules with regard to both his legal services in drafting the will and his provision of law-related financial planning services.
- Lawyer fails to take reasonable measures to assure that person obtaining law- related services knows that protections of client-lawyer relationship do not exist - correct answersA lawyer is subject to the Model Rules with respect to the provision of law-related services 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. MRPC 5.7(a)(2). The burden is on the lawyer to show that the lawyer has taken reasonable measures under the circumstances to communicate the desired understanding. Thus, a sophisticated user of law-related services, such as a publicly-held corporation, may require a lesser explanation than someone unaccustomed to making distinctions between legal services and law-related services. MRPC 5.7, cmt. 7. b. Business transactions with a client - correct answersNote that other Model Rules may be applicable to a lawyer's provision of law-related services. The conflict of
The seller is also obligated to exercise competence in identifying a purchaser qualified to assume the practice. MRPC 1.17, cmt. 11; see also MRPC 1.1. b. Sale of entire practice or area of practice - correct answersThe requirement that all of the private practice, or all of an area of practice, be sold is met if the seller, in good faith, makes the entire practice, or the area of practice, available for sale to the purchasers. The fact that a number of the seller's clients decide not to be represented by the purchasers and take their matters elsewhere, does not result in a violation of the rule. MRPC 1.17, cmt. 2. c. Situations in which seller may still practice or return to practice - correct answers1) Seller may work for a public agency, legal services to poor, or in-house counsel to a business
- Sale is only of an area of practice
- Return to private practice due to unanticipated circumstances
- Seller may work for a public agency, legal services to poor, or in-house counsel to a business - correct answersThe requirement that the seller cease to engage in the private practice of law does not prohibit employment as a lawyer on the staff of a public agency or a legal services entity that provides legal services to the poor, or as in-house counsel to a business. MRPC 1.17, cmt. 3.
- Sale is only of an area of practice - correct answersIf only an area of practice is sold and the lawyer remains in the active practice of law, the lawyer must cease accepting any matters in the area of practice that has been sold, either as counsel or co-counsel or by assuming joint responsibility for a matter in connection with the division of a fee with another lawyer.
- Sale is only of an area of practice- EXAMPLE - correct answersExample: An attorney has a substantial number of estate planning matters and a substantial number of probate administration cases. The attorney sells the estate planning part of his practice but remains in the practice of law by concentrating on probate administration. This is proper, so long as the attorney does not thereafter accept any estate planning matters.
- Return to private practice due to unanticipated circumstances - correct answersA return to private practice as a result of an unanticipated change in circumstances does not necessarily result in a violation of the rule. For example, a lawyer who has sold the practice to accept an appointment to judicial office does not violate the requirement that the sale be attendant to cessation of practice if the lawyer later resumes private practice upon being defeated in a contested or a retention election for the office or resigns from a judiciary position. MRPC 1.17, cmt. 2. d. Obligations of the purchaser - correct answersThe purchaser is required to undertake all client matters in the practice or practice area, subject to client consent and conflict of interest constraints. MRPC 1.17, cmt. 6. Thus, a purchaser cannot merely limit representation to those cases that generate large fees. Note also that the purchaser has an obligation under the Model Rules to undertake the purchased representation competently. MRPC 1.17, cmt. 11; see also MRPC 1.1. In addition, the purchase may not be financed by an increase in the fees charged to the clients of the practice. The purchaser must honor existing arrangements between the seller and the client as to fees and the scope of the work. MRPC 1.17, cmt. 10. H. CONTRACTUAL RESTRICTIONS ON PRACTICE - correct answers
- Restrictions in Partnership or Employment Agreements - correct answersA lawyer must not participate in offering or making a partnership, shareholders, operating, employment, or other similar type of agreement that would restrict the right of a lawyer to practice after termination of the relationship, except for an agreement concerning benefits upon retirement. MRPC 5.6(a). This rule does not apply to prohibit restrictions that may be included in the terms of the sale of a law practice pursuant to MRPC 1.17.
- Restrictions in Settlement Agreements - correct answersA lawyer must not make or offer an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a client controversy. MRPC 5.6(b). Note that this rule PROHIBITS a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.
b. Duty to reject - correct answersA lawyer has a duty to reject representation when doing so would violate a rule of ethics or law, or when the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client. MRPC 1.16(a)(1), (2). A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. MRPC 1.16, cmt. 1. B. SCOPE, OBJECTIVE, AND MEANS OF THE REPRESENTATION - correct answersThe Model Rules confer on the client the ultimate authority to determine the purposes to be served by legal representation within the limits imposed by the law and the lawyer's professional obligations. MRPC 1.2, cmt. 1. In general, a lawyer must abide by a client's decisions concerning the objectives of representation. MRPC 1.2(a). The lawyer generally controls the means by which the objectives of representation are to be pursued and may take such actions as are impliedly authorized to carry out the representation, but the lawyer must reasonably consult with the client. MRPC 1.2, 1.4.
- Decisions Made by Lawyer - correct answers a. Procedural tactics - correct answersThe lawyer has the authority to make most of the decisions relating to the strategy and methods for achieving the client's goals (e.g., manner and scope of cross-examination, choosing a theory of the case). MRPC 1.2(a). The Model Rules require that the lawyer reasonably consult with the client about the means by which the client's objectives are to be accomplished and keep the client reasonably informed about the status of the matter. MRPC 1.4. If a disagreement between the lawyer and the client cannot be resolved, the lawyer may withdraw or the client may fire the lawyer. See MRPC 1.16. b. Limiting client objectives - correct answersA lawyer may limit the scope of the representation if the limitation is REASONABLE UNDER THE CIRCUMSTANCES and if the client provides INFORMED CONSENT. MRPC 1.2(c). The terms on which representation is undertaken may exclude specific means that might otherwise be used to accomplish the client's objectives, including actions that the client thinks are too costly or that the lawyer regards as repugnant or imprudent. MRPC 1.2, cmt.
- Decisions Made by Client - correct answersThe client makes decisions regarding the objectives and goals of the representation. As the client's agent, the lawyer must abide by those decisions (within some constraints), but has the authority to determine how best to achieve those objectives. MRPC 1.2(a).
a. Scope of representation - correct answersThe lawyer and client can negotiate the scope of the representation, including the duration of the relationship (e.g., through the first appeal) or the subject matter of the representation (e.g., only the tax aspects of a real estate transaction). MRPC 1.2(c), cmt. 6. A client has no constitutional right to compel his lawyer to assert issues if the lawyer decides not to press those issues as a matter of the lawyer's professional judgment. Jones v. Barnes, 463 U.S. 745 (1983). b. Acceptance of settlement - correct answersGenerally, a lawyer must communicate all bona fide offers of settlement to the client, and the ultimate decision as to whether to accept rests with the client. An exception exists when the client has indicated in advance that a proposal will be acceptable or unacceptable. MRPC 1.2(a), 1.4(a), cmt. 4.
- Unauthorized settlements - correct answersA lawyer who agrees to a settlement without the client's consent and authorization is subject to discipline, but the opposing party may enforce the agreement if the lawyer acted with apparent authority. MRPC 1.2(a), 1.4(a)(1). See § 5. Apparent Authority, below. c. Taking an appeal - correct answersThe decision to take an appeal rests with the client. Restatement (Third) of the Law Governing Lawyers § 22(1); Jones v. Barnes, 463 U.S. 745 (1983). d. Criminal cases - correct answers
- Client testimony - correct answersThe decision as to whether the client will testify in a criminal case is the client's. MRPC 1.2(a).
- Right to trial by jury - correct answersWaiving the right to a jury trial (or waiving other fundamental rights) is exclusively the client's decision to make. MRPC 1.2(a).
- Entry of plea - correct answersThe decision as to the plea to be entered is exclusive to the client. MRPC 1.2(a).
