MPRE Practice Exam I review EXAM
QUESTIONS AND ANSWERS 100%
SOLVED (Newest 2025) A toy manufacturer was sued by the parent of a child injured by one of its products. As the manufacturer's attorney was preparing to respond to a discovery request from the plaintiff, the attorney found a document that was very damaging to his client's case. Prior to complying with the discovery request and turning over the document, the attorney called his opposing counsel and offered to settle the case. The attorney stated that although he believed his client was very likely to win a summary judgment motion, they would settle the case for a modest amount to save the costs of litigation.In fact, the attorney believed his client had no chance of winning a summary judgment motion and was also likely to lose at trial based on the document he had found. The opposing counsel declined the attorney's offer. The attorney turned over the document, and the case proceeded to trial, where judgment was awarded to the plaintiff. - Correct Answers ✅c. Yes, because the attorney's statement did not constitute a statement of fact.Answer choice A is incorrect because the attorney did not make a false statement of material fact; this statement constituted permissible puffing. Answer choice B is incorrect because although an attorney is prohibited from making false statements of material fact, an attorney does not owe the duty of candor to opposing counsel that she owes to the court. Answer choice D is incorrect because although the opposing counsel did not accept the attorney's offer and hence the plaintiff was not harmed by the attorney's statements, the absence of harm does not prevent an 1 / 4
MPRE Practice Exam I review EXAM
QUESTIONS AND ANSWERS 100%
SOLVED (Newest 2025) attorney's action from being a violation of the Model Rules of Professional Conduct.
Section: Lawyer As Negotiator
An attorney was convinced that his client was suffering from dementia. The attorney spoke to his client's family physician and the client's only daughter to determine whether a guardian should be appointed to monitor the client's finances. These were the only discussions the attorney had ever had with either the physician or the daughter. In these discussions, the attorney revealed confidential information about a bank account maintained by the client before learning that the daughter and her mother were estranged because the daughter had stolen from her mother in the past.Was the attorney's revelation of the confidential information proper?
- Yes, because the attorney was trying to determine whether
- Yes, because the daughter had relevant information to help
- No, because the attorney should not have disclosed
his client needed a guardian.
determine whether the client needed a guardian.
confidential informatio - Correct Answers ✅d. No, because the attorney did not first determine whether either the doctor or his client's daughter might act adversely to his client's interests. 2 / 4
MPRE Practice Exam I review EXAM
QUESTIONS AND ANSWERS 100%
SOLVED (Newest 2025) Answer choice A is incorrect because, while the attorney may disclose confidential information when taking protective action for a client with diminished capacity, he should first consider whether it is likely that the person consulted will act adversely to the client's interests. Here, the daughter, based on her past interaction with her mother, could take action that would be antithetical to her mother's financial interests.Answer choice B is incorrect because, although the daughter likely had relevant information, whether the information is relevant is not the only consideration. Answer choice C is incorrect because prior court approval is not required.
Section: Scope, Objective, And Means Of The Representation
In representing a client in litigation involving a boundary dispute, an attorney, after consultation with and approval by the client, employed a surveyor. The attorney, who had used and compensated the surveyor in previous, similar situations for other clients, described the purpose of the survey and the party she represented to the surveyor. The retainer agreement between the attorney and the client specified that the client was responsible for payment of all litigation expenses. The surveyor performed a survey of the disputed boundary and submitted an invoice to the attorney for the agreed-upon amount. Prior to payment of this invoice, the client, in direct conversation with his neighbor, reached an agreement over the boundary between their properties. The 3 / 4
MPRE Practice Exam I review EXAM
QUESTIONS AND ANSWERS 100%
SOLVED (Newest 2025) client paid the attorney her fee as agreed upon in the retainer agreement but refused to pay the attorney for the cost of the survey. Is the attorney likely subj - Correct Answers ✅d.Yes, because of the nature of the services rendered by the surveyor.Answer choice A is incorrect because, although the client was contractually obligated to pay litigation expenses (as is generally required by the Model Rules of Professional Conduct except in the case of a contingency fee arrangement or an indigent client), the attorney is liable to the surveyor; note, though, that the attorney is entitled to seek reimbursement from the client for the payment of the surveyor's bill. Answer choice B is incorrect because, although the client was consulted about and approved the hiring of the surveyor, the attorney is liable to the surveyor, even though the attorney is entitled to seek reimbursement from the client for payment of the surveyor's bill. Answer choice C is incorrect because the Model Rules of Professional Conduct generally require the client, not the attorney, to bear responsibility for the payment of litigation expenses.
Section: Civil Liability To Non-clients
A plaintiff filed a personal injury complaint, and the case was assigned to a judge. After the defendant was served, a partner from a large law firm filed an appearance on behalf of the defendant. The judge's niece was a salaried associate in
- / 4