BarBri - MPRE Exam Questions With Complete Solutions State Requirments for admission to the Bar - Correct Answers ✅Supreme Court says they must be *RATIONALLY RELATED* to the practice of law; -State/US citizenship NOT ok -Office in state YES ok -graduation from ABA accredited law school YES ok -take an oath to uphold constitution YES ok Client consent to incompetent representation - Correct Answers ✅NOT allowed Lawyer's participation in a legal-reform organization - Correct Answers ✅OK, even if the organization's activities could impact one of the lawyer's clients (either positively or negatively).If NEGATIVE, the lawyer need not say anything to the organization.If POSITIVE, the lawyer need only disclose the fact that a client's interests may be materially benefited, but does NOT need to disclose the client's identity.Pro Bono Services - Correct Answers ✅1. Free or reduced legal services to indigent clients 1 / 4
BarBri - MPRE Exam Questions With Complete Solutions
- No expectation of collecting fee at the time the work was
- Unpaid activities for improving the law, legal system, and
- In the same or a substantially related matter AND
- If the lawyer received information from the prospective
done
legal profession Duty to prospective clients - Correct Answers ✅A lawyer may *NOT* represent a client with interests materially adverse to a prospective client
client that could be significantly harmful to the prospective client Can a judge consult with other judges/court staff? - Correct Answers ✅Yes, when the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, *AND* does not abrogate the responsibility to personally decide the matter May a judge consult a disinterested expert on law? - Correct Answers ✅YES, as long as parties have a reasonable opportunity to object/respond to the notice and to the advice received.Lawyer's personal opinion during litigation - Correct Answers ✅Lawyer should NOT interject his personal opinion during a litigation; 2 / 4
BarBri - MPRE Exam Questions With Complete Solutions This includes personal beliefs that a client is innocent or that a witness is telling the truth or lying Soliciting Gifts/Drafting Wills - Correct Answers ✅Lawyer may NOT solicit or prepare a will that gives a substantial gift to the attorney or person related to the attorney UNLESS it is a family member. In that case, a lawyer MAY solicit and prepare a will that gives the attorney a substantial gift.In-Person Solicitation - Correct Answers ✅No in-person solicitation somebody who you know needs legal help,
EXCEPT
1) when money is NOT the motive (publicity, changing the law) 2) certain groups ---relatives, ---close friends, ---prior business relationships, ---other lawyers, ---routine business users of this type of legal services Judges and practice of law - Correct Answers ✅should not happen, other than part-time judges, or a judge acting as his own lawyer (pro se); also should not act as an executor, administrator, or trustee except for family members 3 / 4
BarBri - MPRE Exam Questions With Complete Solutions CAN offer advice and draft and review documents for family members, but CANNOT act as a family member's lawyer Judge acting as administrator - Correct Answers ✅Should NOT happen, other than for *family*; even then, but not interfere with judge's impartiality Factors to consider for reasonableness of a fee - Correct Answers ✅1. required time and labor
- preclusion from future cases
- fee charged in the area for similar services
- amount involved and results obtained
- time limitations imposed by client or circumstances
- nature and length of the professional relationship with
- experience, reputation, and ability of lawyer
- whether fee is fixed or contingent
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client
Rule of Confidentiality when lawyer violates an ethics rules and seeks legal advice from an ethics lawyer - Correct Answers ✅If the lawyer is seeking legal advice, than the ethics lawyer owes duty of confidentiality;