correct_answer stringlengths 0 587 | candidate_answers list | source stringclasses 1
value | correct_idx int64 0 3 | problem_number int64 1 500 | problem_statement stringlengths 56 3.02k | topic stringclasses 1
value |
|---|---|---|---|---|---|---|
Yes, the attorney is in the uncomfortable position of being a potential witness and an advocate in the same trial. | [
"Yes, unless the client gives informed consent, confirmed in writing to the potential conflict of interest.",
"Yes, the attorney is in the uncomfortable position of being a potential witness and an advocate in the same trial.",
"No, the attorney’s voice on the recording does not make the attorney a witness in t... | MPRE | 1 | 201 | An attorney represented a criminal defendant facing extortion charges. The state’s star witness against the defendant was a former co-conspirator who had agreed to testify in exchange for a plea deal. To establish the witness’ reliability and knowledge of the conspiracy, the prosecution planned to introduce a recorded ... | |
Yes, because the advocate-as-witness rule applies only to representation during the trial, unless the lawyer’s testimony is an issue on appeal. | [
"Yes, because the advocate-as-witness rule applies only to representation during the trial, unless the lawyer’s testimony is an issue on appeal.",
"Yes, because the opposing party brought the appeal after the attorney’s client obtained a favorable verdict at trial using other trial counsel.",
"No, because a law... | MPRE | 0 | 202 | An attorney normally represents a client in commercial litigation matters, but in one specific case, the attorney had to testify as a witness during the trial, so he arranged for another firm to represent the client during the trial at which the attorney testified. The client prevailed at trial, and the opposing party ... | |
Yes, because the testimony relates to an uncontested issue. | [
"Yes, because the testimony relates to an uncontested issue.",
"Yes, because testifying as a witness will give the lawyer a good opportunity to advocate on behalf of his client.",
"No, because a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.",
"No, because... | MPRE | 0 | 203 | An attorney was a criminal defense lawyer and she represented a client, who was a defendant in a criminal prosecution. The prosecution called the attorney to the witness stand to authenticate a piece of evidence, which the attorney was willing to do because the authenticity of the evidence was not really in dispute; th... | |
No, because there is likely to be substantial conflict between the testimony of the client and that of the lawyer, so the representation involves a conflict of interest that requires compliance with the rules about conflicts. | [
"Yes, because the testimony relates to a contested issue, so the ambiguities in the dual role are purely theoretical.",
"Yes, because disqualification of the lawyer would work substantial hardship on the client.",
"No, because there is likely to be substantial conflict between the testimony of the client and th... | MPRE | 2 | 204 | A certain client is an indigent criminal defendant and a certain attorney is his courtappointed counsel. The trial is taking place in a rural county where only a handful of lawyers practice law. Before appointing the attorney to represent the client, the court had tried to appoint five other local criminal defense lawy... | |
Yes, because the advocate-witness prohibition does not apply to pro se litigants who are attorneys. | [
"Yes, because disqualification of the lawyer either from representing himself or from testifying would work substantial hardship on the client.",
"Yes, because the advocate-witness prohibition does not apply to pro se litigants who are attorneys.",
"No, because a lawyer shall not act as advocate at a trial in w... | MPRE | 1 | 205 | An attorney is representing himself in his divorce proceeding. Would it be proper, under the advocate-witness rule, for the attorney to testify as a witness on his own behalf in the proceeding in which he represents himself? | |
No, because disqualification of the lawyer would not work substantial hardship on the client. | [
"Yes, because disqualification of the lawyer would work substantial hardship on the client.",
"Yes, because this is a criminal prosecution and the client has a Sixth Amendment right to counsel.",
"No, because disqualification of the lawyer would not work substantial hardship on the client.",
"No, because a la... | MPRE | 2 | 206 | A famous professional athlete faced charges for murdering his wife and her male companion one evening outside their Beverly Hills home. The defendant assembled a legal “dream team” of the five most famous criminal defense lawyers from around the country. One of the lawyers was in possession of a handwritten letter from... | |
No, because the prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows does not have probable cause. | [
"Yes, because he is trying to protect the public from a dangerous criminal, and the defendant still has a fair chance to beat the charges in the new case, especially if the evidence is weak.",
"Yes, because the “beyond a reasonable doubt” burden of proof in a criminal case provides protection for defendants when ... | MPRE | 3 | 207 | A prosecutor brought charges against a defendant for rape and murder, but only one witness could link the defendant to the crime, and that witness disappeared mysteriously while the defendant was out on bail awaiting trial. The prosecutor’s case collapsed, and the defendant won an easy acquittal, even though the defend... | |
No, because a prosecutor may bring charges if the prosecutor knows the charges have probable cause. | [
"Yes, because a prosecutor in a criminal case shall not seek a conviction unless the prosecutor believes in good faith that the defendant is guilty beyond a reasonable doubt.",
"Yes, because the prosecutor should have conducted more investigation before commencing the proceedings so that he could ensure a convict... | MPRE | 3 | 208 | A certain attorney works as a prosecutor and brings charges against a defendant. In this instance, the attorney clearly has probable cause for alleging that the defendant committed the crime, but he also doubts that a judge or jury will find that the evidence satisfies the standard of “beyond a reasonable doubt.” Yet t... | |
No, because federal statute, as well as Department of Justice regulations, subject federal prosecutors to the ethics rules of the state where such the attorney engages in that the attorney’s duties. | [
"Yes, because of federal preemption of state law, a federal prosecutor who litigates exclusively in federal court, under federal law, does not come under the jurisdiction of the local bar disciplinary authorities.",
"Yes, because under the USA Patriot Act, federal prosecutors are immune from disciplinary actions ... | MPRE | 3 | 209 | An Assistant U.S. Attorney (federal prosecutor) is working for the Department of Justice, and he must prosecute the defendants arrested in a high-profile sting operation against a terrorist cell. This attorney faces tremendous political and media pressure to win convictions at any cost. As a result, the attorney argues... | |
No, because a prosecutor must not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing. | [
"Yes, because he is making a good-faith effort to expedite the proceedings, which is good for the defendants who are innocent and want to get their trials done sooner rather than later.",
"Yes, because he is apprising them of their rights before asking them to waive the right to a preliminary hearing.",
"No, be... | MPRE | 3 | 210 | A prosecutor sees the backlog of prosecutions coming from his office and feels concern about whether all the cases will come to trial in time to comply with the Speedy Trial Act. To expedite some of the simpler cases, the prosecutor asks arrestees to waive their right to a pre-trial hearing, which saves up to a week du... | |
Yes, the prosecutor must promptly disclose that evidence to an appropriate court or authority. | [
"Yes, the prosecutor must notify the defense counsel of the wrongfully-convicted man and must investigate to see if there is corroboration for the new confession to the crime by the New York defendant.",
"Yes, the prosecutor must promptly disclose that evidence to an appropriate court or authority.",
"No, the p... | MPRE | 1 | 211 | A prosecutor in New York is engaged in plea bargain negotiations with a defendant and defense counsel. The defendant offers to confess to a much more serious crime, committed several years ago in California, if the prosecutor will drop the current charges, which will put the defendant in danger of retaliation from his ... | |
Yes, when a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant in his jurisdiction did not commit an offense of which the defendant was convicted, the prosecutor shall promptly disclose that evidence to the defendant unless a court authorizes delay, and u... | [
"Yes, when a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant in his jurisdiction did not commit an offense of which the defendant was convicted, the prosecutor shall promptly\fdisclose that evidence to the defendant unless a court authorizes delay,... | MPRE | 0 | 212 | Three years after prosecuting a defendant and obtaining a conviction for murder, another individual comes to the police station and confesses to committing the very murder for which the defendant is already serving time. The defendant always maintained his innocence and the basis of his conviction was an identification... | |
The prosecutor would have to disclose that two eyewitnesses failed to identify the defendant as the assailant and that an informant attributed the assault to someone else, because the prosecutor knew that information from communications with the police. | [
"If the information is not “material” for purposes of constitutional case law under the Brady doctrine, the prosecutor does not have to inform defense counsel about the other unreliable witnesses.",
"The prosecutor would have to disclose that two eyewitnesses failed to identify the defendant as the assailant and ... | MPRE | 1 | 213 | A prosecutor obtained an indictment from a grand jury against a defendant on a multiple-count assault and robbery of a woman, that is, a violent mugging in which the perpetrator stole the woman’s purse. The victim did not know her assailant, but afterward she identified the defendant in a photo array and then picked hi... | |
No, Rule 3.8 does not require the prosecutor to review or request such files unless the prosecutor knows or infers from the circumstances, or it is obvious, that the files contain favorable evidence or information. | [
"Yes, the rule requires prosecutors to find and disclose favorable evidence immediately so that the defense can decide on its utility.",
"Yes, the prosecutor at least has a duty at the outset of the plea negotiations to inform defense counsel that he has not yet reviewed the voluminous files of corporate records,... | MPRE | 2 | 214 | A defendant faced charges in a white-collar crime case – corporate espionage, securities fraud, and so forth. The police brought the prosecutor voluminous files, with the file boxes filling an entire storage room at the district attorney’s office. These dozens of file boxes were only part of the evidence the police had... | |
No, to allow the defendant to make a well-advised plea at the time of arraignment, prior to a guilty plea, the prosecutor must disclose known evidence and information that would be relevant or useful to establishing a defense or negating the prosecution's proof. | [
"Yes, there is no constitutional right to plea bargain, so the Brady disclosure rule does not apply until the trial begins.",
"Yes, the existence of the other witnesses does not matter at the plea-bargaining stage, but only if they are necessary at trial to contradict the testimony from the victim and the other e... | MPRE | 3 | 215 | A grand jury indicted a defendant on a multiple-count assault and robbery of a woman, a violent mugging in which the perpetrator stole the woman’s purse. The victim did not know her assailant, but afterward she identified the defendant in a photo array and then picked him out of a line-up. A bystander made the same ide... | |
Yes, within the district attorney’s office, supervisory lawyers must establish procedures to ensure that each prosecutor involved has the exculpatory evidence to disclose. | [
"Yes, within the district attorney’s office, supervisory lawyers must establish procedures to ensure that each prosecutor involved has the exculpatory evidence to disclose.",
"Yes, the Model Rules require that the same prosecutor handle a criminal matter from the indictment through its conclusion, to avoid this v... | MPRE | 0 | 216 | A major city has large district attorney’s office with many prosecutors. In most cases, several prosecutors share responsibility for parts of a single criminal case, so different prosecutors have responsibility for investigating the matter, presenting the indictment, and trying the case. Inevitably, some less important... | |
Yes, because 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. | [
"Yes, because 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.",
"Yes, because the lawyer pretended that he was hoping to save on his taxes, but the privatization of prisons often t... | MPRE | 0 | 217 | An attorney testified before a state legislative committee about the need for the state to privatize its dysfunctional prison system. The attorney said he was there to testify as a concerned citizen of the state and a taxpayer, and the attorney did in fact believe that prison privatization was smart public policy. Yet ... | |
Yes, a lawyer cannot submit false statements or comments to a regulatory agency functioning in its rulemaking capacity. | [
"Yes, lawyers have a duty to argue in the interest of the public when making submissions to a regulatory agency, rather than advocate for a special interest group, such as a client.",
"Yes, a lawyer cannot submit false statements or comments to a regulatory agency functioning in its rulemaking capacity.",
"No, ... | MPRE | 1 | 218 | An attorney represented Conglomerate Corporation in the company’s regulatory compliance work. The Environmental Protection Agency (EPA) proposed new pollution emission regulations through notice-and-comment rulemaking procedures as proscribed under the Administrative Procedure Act. The proposed new regulations would im... | |
No, the attorney obstructed another party' s access to evidence and destroyed documents or other material having potential evidentiary value. | [
"Yes, a lawyer should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf.",
"Yes, this was not an adjudicative proceeding or appearance before a tribunal, so the attorney’s duty to protect client confidentiality was paramount.",
"No, lawyers have... | MPRE | 3 | 219 | An attorney worked as in-house general counsel for Big Bank. The Federal Trade Commission was holding a series of hearings about the consolidation of the industry and anticompetitive activities, and certain consumer protection groups were advocating in the hearings for regulatory reforms. In one instance, the consumer ... | |
No, a lawyer may not submit false statements or false evidence through another to a rulemaking agency, which should be able to rely on the integrity of the submissions made to it. | [
"Yes, the Model Rules governing advocacy in nonadjudicative proceedings do not apply to representation of a client in a negotiation or other bilateral transaction with a governmental agency or in connection with an application for a license or other privilege.",
"Yes, the executives were not testifying under oath... | MPRE | 2 | 220 | An attorney represented a large pharmaceutical company that was part of an industry consortium. The industry consortium was pressuring the Food and Drug Administration (FDA) to relax its requirements for approval of new drugs. Regulators within the FDA had divergent views on this from a policy standpoint. The issue did... | |
Yes, he lacks basic knowledge and skills necessary, despite his efforts and good intentions. | [
"Yes, if he was never supposed to graduate from law school in the first place, but for that professor’s mistake that inured to his benefit.",
"Yes, he lacks basic knowledge and skills necessary, despite his efforts and good intentions.",
"No, the evaluation of competence takes into consideration how hard the la... | MPRE | 1 | 221 | An attorney had graduated from law school near the bottom of his class, but he told himself that every year someone at graduation had to be at the bottom of their class. Besides, his mentor always told him that law school classes have nothing to do with the actual practice of law. The attorney was unaware that his 1L C... | |
No, an attorney can provide competent representation in an entirely new area with adequate study and preparation. | [
"Yes, he has never done a criminal trial before and a defendant is completely depending on him.",
"Yes, he did not spend time carefully considering the decision before agreeing to take the case, and took the case because of a midlife crisis, which is improper.",
"No, an attorney can provide competent representa... | MPRE | 2 | 222 | An attorney has spent his entire career practicing family law, and he has never done a criminal trial before. When asked to take a pro bono criminal case, he whimsically agreed, because the attorney was going through a midlife crisis and wants to try something new. The attorney invested time studying and researching th... | |
No, the attorney seems competent, based on the facts given, regardless of the pattern of unfavorable outcome in his cases, which could be due to other factors. | [
"Yes, clients have a contractual expectation of effective representation, which means some of the outcomes should be favorable.",
"Yes, it is incompetent to take on clients whose cases seem likely to lose, or where the opposing party has far greater resources to hire the most elite law firms.",
"No, even though... | MPRE | 3 | 223 | An attorney was highly knowledgeable and skillful, but he lost every case that he undertook, either because the law was unfavorable to his clients, or the other side could afford an entire army of elite lawyers, or because he was an unattractive person. He also regularly took on clients that no other lawyer wanted to r... | |
Yes, a lawyer shall provide competent representation to a client, regardless of the outcome. | [
"Yes, a lawyer shall provide competent representation to a client, regardless of the outcome.",
"Yes, because it is not fair to other lawyers who are competent if an incompetent lawyer can win.",
"No, the attorney’s ability to prevail in the matter on behalf of his client, notwithstanding the efforts of opposin... | MPRE | 0 | 224 | A very winsome, likable attorney was objectively incompetent in providing representation to his client, but he was lucky - the other side had a terrible case on the merits, and opposing counsel was unlikable and abrasive, so the attorney prevailed in his client's case. Could the attorney nevertheless be subject to disc... | |
Yes, agreements between the lawyer and the client regarding the scope of the representation may limit the matters for which the lawyer is responsible. | [
"Yes, clients and lawyers have wide latitude in their contractual agreements, and a lawyer can contract with a client to provide representation that would seem objectively incompetent to most other lawyers.",
"Yes, agreements between the lawyer and the client regarding the scope of the representation may limit th... | MPRE | 1 | 225 | An attorney has spent his entire career practicing family law, and he has never done a criminal trial before. When asked to take a criminal case, he agreed to do only the preliminary pre-trial work, such as the arraignment or bond hearing, initial rounds of plea negotiations, and some basic factual investigation. The c... | |
No, a lawyer should keep abreast of changes in the law and its practice and engage in continuing study and education. | [
"Yes, the Model Rules use an objective, outcomes-based standard for evaluating competence.",
"Yes, the Model Rules measure competence based on the education, experience, and reputation of the lawyer.",
"No, the Model Rules measure the required attention and preparation primarily by what is at stake.",
"No, a ... | MPRE | 3 | 226 | A brilliant attorney graduated at the top of his class from Harvard Law School. He was supremely intelligent and well-studied in the law, remarkably handsome, witty, and well-spoken. As he progressed through his career, he was in such high demand that he could afford to take only the cases he knew were mostly likely to... | |
No, a newly admitted lawyer can be as competent as a practitioner with extensive experience, even if the outcome in this case was unfavorable. | [
"Yes, expertise in a specific field of law is a requirement in some circumstances, as when opposing counsel is a renowned expert.",
"Yes, the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any specific specialized knowl... | MPRE | 2 | 227 | An attorney had just graduated and passed the bar when he agreed to represent a certain client. Even though he was new to the practice of law, he devoted plenty of time to study and preparation to understand the relevant statutes and case law, correctly identified all the issues in the case, and conducted a thorough in... | |
Yes, to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. | [
"Yes, to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.",
"Yes, unless the client gives informed consent, confirmed in writing, to the fact that the attorney does not know how to... | MPRE | 0 | 228 | An attorney graduated from law school in the early 1970’s, and he spent his career in solo practice in a small rural town, mostly drafting wills and simple contracts for sale for farm machinery. He has a landline phone in his office and home, but has never had or needed a cell phone, does not use a computer, and has ne... | |
Yes, even in emergencies, a lawyer should limit assistance to what is necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest. | [
"Yes, even in emergencies, a lawyer should limit assistance to what is necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest.",
"Yes, competent handling of a specific matter includes inquiry into and analysis of the factual and legal elements of ... | MPRE | 0 | 229 | An attorney specialized in transactional work for corporate clients, and he focused his practice on this area for many years. An emergency arose in which an attorney needed to give immediate telephone advice to an individual client who had to make an urgent decision. Referring the case to another firm, or even consulti... | |
No, in emergencies a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. | [
"Yes, according to the Model Rules, a lawyer must not give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required.",
"Yes, competent handling of a specific matter includes inquiry into and analysis of the factual and legal elements of the problem, and the use of methods a... | MPRE | 2 | 230 | An attorney specialized in transactional work for corporate clients, and he focused his practice on this area for many years. An emergency arose in which an attorney needed to give immediate telephone advice to an individual client who had to make an urgent decision. Referring the case to another firm, or even consulti... | |
Yes, a client and lawyer may agree to limit a duty that a lawyer would otherwise owe to the client if the client has enough information and consents, and the terms of the limitation are reasonable in the circumstances. | [
"Yes, if a corporate client has in-house counsel, there are no restrictions on what types of agreements the corporation can make with outside counsel.",
"Yes, a client and lawyer may agree to limit a duty that a lawyer would otherwise owe to the client if the client has enough information and consents, and the te... | MPRE | 1 | 231 | Conglomerate Corporation decided to hire Big Firm to represent it in litigation for an important but complex matter. First, however, Conglomerate offered a proposed budget for the entire litigation. A partner at Big Firm explained to Conglomerate’s in-house counsel that such a limited budget would be feasible only if t... | |
No, a lawyer does not have to press for every advantage that might be potentially achievable for a client, having professional discretion to determine how a matter should be pursued. | [
"Yes, a lawyer should pursue a matter on behalf of a client despite opposition or personal inconvenience, taking whatever lawful and ethical measures might be necessary to vindicate a client's cause or endeavor.",
"Yes, a lawyer must also act with commitment and dedication to the interests of the client and with ... | MPRE | 3 | 232 | An attorney represented a client as the plaintiff in a legal malpractice action against another lawyer for simple negligence. The plaintiff’s attorney sent a demand letter to the other lawyer, who immediately notified his malpractice insurer. The insurer offered to settle immediately, for the full amount that the clien... | |
Yes, lawyers must control their workload so that each matter receives competent, diligent representation. | [
"Yes, every criminal defendant has a constitutional right to a jury trial, and lawyers should not advise them to waive this important right and accept a plea bargain instead.",
"Yes, lawyers must control their workload so that each matter receives competent, diligent representation.",
"No, there is a special ex... | MPRE | 1 | 233 | The Office of the Public Defender in a large urban center lacked the budget to hire the number of lawyers they needed. The number of indigent defendants who requiring representation always exceeded the capacity of the lawyers there. An attorney worked as a prosecutor for a few years to get experience, then became a pub... | |
Yes, a lawyer's duty to act with reasonable promptness does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client. | [
"Yes, a lawyer's duty to act with reasonable promptness does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client.",
"Yes, the attorney had a duty to accommodate the request for a more time, assuming the delay will not prejudice the client in... | MPRE | 0 | 234 | A litigation attorney represented Big Bank in a lawsuit involving many complex issues and numerous expert witnesses. At a preliminary hearing, opposing counsel requested a three-month postponement of the previously scheduled trial date, to allow more time for deposing expert witnesses and the top managers from Big Bank... | |
No, an attorney must discuss the possibility of an appeal prior to relinquishing responsibility for a client’s case, unless there was a prior agreement about whether the lawyer would handle the appeal process. | [
"Yes, the same lawyer cannot represent a client at trial and on appeal, and the client should have been aware of this rule.",
"Yes, a lawyer does not have to continue working on a case for a client after trial unless the attorney and the client specifically agreed that the attorney would continue to be employed a... | MPRE | 2 | 235 | An experienced litigation attorney represented Small Business as a client in a civil lawsuit. The trial resulted in an unfavorable verdict for the client, who then hoped to reverse the decision on appeal. Nevertheless, the attorney and the client had never agreed that the attorney would handle the appeal, so the attorn... | |
Yes, because a lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect. | [
"No, because a lawyer has a duty to provide zealous advocacy and to pursue every advantage for the client’s interests.",
"No, because provoking a hostile witness into an angry outburst on the stand violates the lawyer’s strict duty to preserve the decorum of the proceedings.",
"Yes, because a lawyer's duty to a... | MPRE | 2 | 236 | An attorney represents a client in patent infringement litigation. The client is a longtime business rival of the opposing party and has successfully sued the opposing party before over an unrelated matter. The opposing party still loses his temper whenever someone brings up the previous lawsuit he lost, because he fel... | |
No, the attorney has an ethical duty to limit the number of deals offered, to devote adequate time and attention to each matter. | [
"Yes, if the lawyer indeed gives the discount to each client bearing the PleaseTryThis coupon, because the Model Rules allow lawyers to advertise their services, assuming the communications are truthful.",
"Yes, but only if the lawyer gives the same deal to every new client who comes in during the PleaseTryThis a... | MPRE | 2 | 237 | An attorney worked for Big Firm for several years, but he failed to make partner there because he was unable to recruit any new clients to the firm. He also observed numerous minor ethical violations occurring regularly at Big Firm, but none seemed serious enough to warrant a report to the state bar disciplinary author... | |
Yes, because he has violated the requirement of diligent representation under Rule 1.3, and courts have inherent authority to discipline attorneys who appear before the court in a matter. | [
"Yes, because he has violated the requirement of diligent representation under Rule 1.3, and courts have inherent authority to discipline attorneys who appear before the court in a matter.",
"Yes, because his reason for abandoning the cases was purely profit-motivated, rather than out of a genuine concern for the... | MPRE | 0 | 238 | An attorney agreed to represent a client before the Tax Court, to challenge the amount the Internal Revenue Service said he owed in unpaid taxes. The attorney filed an appearance in the matter and the initial pleadings and forms. Nevertheless, when the client did not pay even the first installment of fees, and did not ... | |
Yes, the attorney is subject to liability to the client for negligent breach of fiduciary duty. | [
"Yes, law firms have strict liability for their fiduciary duties, so the reasonableness of the attorney is irrelevant.",
"Yes, the attorney is subject to liability to the client for negligent breach of fiduciary duty.",
"No, she is not liable for a breach of fiduciary duty, but the firm could be subject to disq... | MPRE | 1 | 239 | An attorney undertook the representation of represent a new client, but the attorney’s firm forgot to screen for conflicts of interest. The attorney normally relied on her firm to screen for conflicts with clients of the other attorneys, and assumed this had occurred, so she drafted and filed a complaint at the client’... | |
No, she is not liable for a breach of fiduciary duty, but the firm could be subject to disqualification from the other client’s matter. | [
"Yes, law firms have strict liability for their fiduciary duties, so the reasonableness of the attorney is irrelevant.",
"Yes, the attorney is subject to liability to the client for negligent breach of fiduciary duty.",
"No, she is not liable for a breach of fiduciary duty, but the firm could be subject to disq... | MPRE | 2 | 240 | An attorney undertook the representation of represent a new client, and the attorney’s firm searched for potential conflicts of interest. Unfortunately, despite conducting an otherwise adequate conflict search, the opposing party in the new matter had changed its name in the two years since the prior representation (by... | |
No, the attorney could have prevented the breach of fiduciary duty without violating the ethical duty to protect client confidentiality. | [
"Yes, the attorney had no attorney-client relationship with the beneficiary, and therefore owes no legal duties to that party that could be the basis of liability.",
"Yes, the attorney told the client not to make the transfer, and the client disregarded the attorney’s instructions.",
"No, the attorney could hav... | MPRE | 2 | 241 | An attorney undertook the representation of a client, but the representation was in the client's capacity as trustee of an express trust for the benefit of a beneficiary. The client informed the attorney that he wanted to transfer funds into the client’s own account, which would legally constitute embezzlement. The att... | |
Yes, for the attorney did not owe the beneficiary a duty to use care because attorney was unaware that appropriate action was necessary to prevent a breach of fiduciary duty by the client, even though further investigation would have revealed this. | [
"Yes, for the attorney did not owe the beneficiary a duty to use care because attorney was unaware that appropriate action was necessary to prevent a breach of fiduciary duty by the client, even though further investigation would have revealed this.",
"Yes, the attorney cannot be liable to third party beneficiari... | MPRE | 0 | 242 | An attorney undertook the representation of a client, but the representation was in the client's capacity as trustee of an express trust for the benefit of a beneficiary. The client informed the attorney that he wanted to transfer funds into a certain account, which the client says is the trust account, even though it ... | |
Yes, a lawyer owes a duty to the nonclient beneficiary to intervene only where the breach is a crime or fraud or the lawyer has assisted or is assisting the breach. | [
"Yes, a lawyer never owes a duty of care to a nonclient such as the beneficiary.",
"Yes, a lawyer owes a duty to the nonclient beneficiary to intervene only where the breach is a crime or fraud or the lawyer has assisted or is assisting the breach.",
"No, the attorney had a fiduciary duty to protect the fiscal ... | MPRE | 1 | 243 | An attorney undertook the representation of a client, but the representation was in the client's capacity as trustee of an express trust for the benefit of a beneficiary. The client informed the attorney that he wanted to invest trust funds in a way that would be unlawful, but it would not constitute a crime or fraud u... | |
Yes, lawyers who invite reasonable reliance from another party in a transactional setting can be subject to liability to nonclients who rely on the lawyer’s promises. | [
"No, lawyers cannot be subject to liability for negligence to nonclients.",
"No, lawyers cannot be subject to liability for negligence to nonclients in transactional scenarios, even if they could be liable to nonclients in litigation matters.",
"Yes, but only if the seller had independent representation by coun... | MPRE | 3 | 244 | At a real estate closing, the seller's attorney offered to record the deed for the buyer. Could the lawyer be subject to liability to the buyer for negligence in doing so, even if the buyer did not thereby become a client of the lawyer? | |
No, as a rule, lawyers have no duty of care to the opposing party in litigation that could furnish the basis for liability to that party. | [
"Yes, lawyers whose negligence in their legal work imposes unnecessary costs on the opposing party are liable for legal malpractice to the party that suffered the injury.",
"Yes, lawyers who undertake the representation of a litigant have strict liability for failures to conduct an exhaustive factual investigatio... | MPRE | 3 | 245 | An attorney provided representation to a plaintiff in a personal injury lawsuit against Conglomerate Corporation. During the discovery phase of the litigation, the attorney was overwhelmed with other client cases and distracted by family issues at home, and she did not conduct a thorough factual investigation. Her misu... | |
Yes, the attorney knew that the client intended, as one of the primary objectives of the representation, that the attorney’s services benefit the nonclient beneficiary. | [
"Yes, the attorney knew that the client intended, as one of the primary objectives of the representation, that the attorney’s services benefit the nonclient beneficiary.",
"Yes, the attorney invited the nonclient to rely on the attorney’s opinion or provision of other legal services, and the nonclient so relied."... | MPRE | 0 | 246 | A certain client retained an experienced attorney for the drafting and execution of a will. The client wanted the will to leave the client's entire estate to her favorite professor from her law school, the one who had taught her Professional Responsibility course in her 3L year. The attorney prepared the will naming th... | |
Yes, but only by producing clear and convincing evidence that the client communicated her intent to the attorney that the professor should be the legatee. | [
"Yes, the attorney had an automatic fiduciary duty to the beneficiary when the client expressed the desire to benefit the nonclient beneficiary.",
"Yes, but only by producing clear and convincing evidence that the client communicated her intent to the attorney that the professor should be the legatee.",
"No, be... | MPRE | 1 | 247 | A certain client retained an experienced attorney for the drafting and execution of a will. The client wanted the will to leave the client's entire estate to her favorite professor from her law school, the one who had taught her Professional Responsibility course in her 3L year. The attorney prepared the will by copyin... | |
No, the attorney is not subject to liability for negligence to the heir who set aside the will. | [
"Yes, a lawyer drafting a will has an implied fiduciary duty to whomever the legitimate heirs may be.",
"Yes, if a court has already determined that the client was mentally incompetent, this establishes the attorney’s negligence as a matter of law.",
"No, the attorney is not subject to liability for negligence ... | MPRE | 2 | 248 | A certain client retained an experienced attorney for the drafting and execution of a will. The client wanted the will to leave the client's entire estate to her favorite professor from her law school, the one who had taught her Professional Responsibility course in her 3L year. The attorney drafted the will accordingl... | |
No, even though the attorney owed some duty of care to the beneficiary, the original client’s time constraints are relevant to what constitutes ordinary competence, and the beneficiary cannot exact from the attorney greater care than the attorney owed the client. | [
"Yes, a lawyer owes a duty of care to beneficiaries of testamentary instruments that the lawyer drafts.",
"Yes, a lawyer owes a fiduciary duty to beneficiaries of testamentary instruments that the lawyer drafts.",
"No, the beneficiary was not a client of the attorney, and without privity, the attorney owed no d... | MPRE | 3 | 249 | A client asked her attorney to draft a will leaving a bequest in trust to a specific beneficiary, and to do so within one day, as the client was on her deathbed. The attorney wrote the will accordingly. After the client's death, however, the bequest was set aside. The invalidity of the will was due to a defect that mos... | |
Yes, it was reasonable for the buyer to rely upon the opinion letter, as the client invited this reliance, so the attorney had a duty to follow customary practice in rendering the opinion. | [
"Yes, it was reasonable for the buyer to rely upon the opinion letter, as the client invited this reliance, so the attorney had a duty to follow customary practice in rendering the opinion.",
"Yes, a lawyer preparing opinion letters has fiduciary duties to anyone who reads and relies upon the lawyer’s written dec... | MPRE | 0 | 250 | A client was selling some property to a buyer, and they reached an agreement that, as a condition for the sale, the client would supply an opinion letter by her attorney regarding liens on the property. The attorney knows about the agreement. Nevertheless, the client privately instructs the attorney to rely on the clie... | |
The attorney should have forfeited her right to fees by committing malpractice and must pay the full award amount to the client. | [
"The attorney should keep two thousand, for the hours she in fact worked on the matter and should pay the client $98,000 in damages.",
"The attorney should keep however much the client originally anticipated paying in attorney’s fees, when the representation began, and should pay the remainder to the client in da... | MPRE | 2 | 251 | A client hired an attorney to represent her as the plaintiff in a contract action. The client sought to recover $100,000 under the contract. The attorney agreed to provide representation on an hourly basis, at a rate of two hundred dollars per hour. The attorney spent ten hours working on the matter, and then withdrew ... | |
No, there was no client-lawyer relationship between Attorney Stevenson and the other lawyer, at least under the facts delineated here. | [
"Yes, the other lawyer gave harmful advice, and it was reasonable for Attorney Stevenson to follow the advice.",
"Yes, consultations between attorneys create strict liability for malpractice claims, because a higher standard of care applies in such situations.",
"No, Attorney Stevenson is a lawyer and can think... | MPRE | 3 | 252 | The state bar association operated peer-support program. As a participant in the program, Attorney Stevenson consulted with another lawyer in confidence about a thorny issue that Attorney Stevenson was having with his representation of a client. The other lawyer gave Attorney Stevenson some bad advice, which Attorney S... | |
Yes, the individual relied on the attorney by not seeking other counsel when that was still practicable, and this reliance was reasonable because the attorney practiced in this area, the receptionists solicited the individual’s papers needed for the proceeding, and the hearing was imminent. | [
"Yes, if someone at the firm has a live telephone conversation with a potential client, a client-lawyer relationship has commenced until the lawyer expressly declines the representation or withdraws.",
"Yes, the individual relied on the attorney by not seeking other counsel when that was still practicable, and th... | MPRE | 1 | 253 | A potential client called an attorney’s office and told the receptionist that he wanted to hire the attorney to represent him at his drivers-license revocation hearing, which was set for two weeks from that date. The attorney regularly represented clients at license revocation hearings and appeals. The receptionist ins... | |
The attorney could not be liable under these facts because no client-lawyer relationship existed. | [
"The attorney could not be liable under these facts because no client-lawyer relationship existed.",
"The attorney could not be liable under these facts because malpractice actions are due to conflicts of interest, not missing the statute of limitations.",
"The attorney could be liable because it was reasonable... | MPRE | 0 | 254 | A potential plaintiff sent an email to an attorney that described a medical-malpractice suit that sender wanted to bring. The email asked the attorney to represent the victim in the matter. The attorney read but never responded to the email. Fourteen months later, the applicable statute of limitations on the claim expi... | |
No, the attorney’s violation of the solicitation rule does not prove that the attorney negligently mishandled the representation of the client. | [
"Yes, the state disciplinary authority has already determined that the attorney violated the ethical rules, so the attorney’s representation was malpractice per se.",
"Yes, the client received an unfavorable outcome after hiring the attorney in response to an improper solicitation.",
"No, it would constitute do... | MPRE | 3 | 255 | A state disciplinary authority issued a public reprimand of an attorney for a clear violation of the state’s rules about solicitation of clients, and the tribunal ordered the attorney to pay a modest sum for costs and penalties. One of the attorney’s improperly solicited clients, whose matter the attorney had handled c... | |
The attorney communicated a willingness to represent the client by her actions. | [
"If the attorney never explicitly agreed to represent the client in the matter, no attorney-client relationship exists.",
"The potential client merely asked the attorney to discuss strategy, so no attorney-client relationship exists.",
"The attorney communicated a willingness to represent the client by her acti... | MPRE | 2 | 256 | A client called the same attorney that had previously represented her, asking the attorney to handle a pending antitrust investigation. She requested that the attorney come to the client's corporate headquarters to explore litigation strategies. The attorney visited the headquarters and spent four hours meeting with th... | |
Most insurers will not agree to cover claims arising from services performed during a period for which the lawyer had no insurance in place. | [
"Most insurers will not agree to cover claims arising from services performed during a period for which the lawyer had no insurance in place.",
"Most insurers automatically cover claims arising from services performed during a period for which the lawyer had no insurance in place.",
"The attorney should continu... | MPRE | 0 | 257 | An attorney has his own solo practice. As a solo practitioner, the attorney has practiced “bare,” or without insurance, for a several years. The number of clients has grown to the point where he can finally afford to purchase malpractice liability insurance. Can that attorney buy a claims-made policy that will cover pr... | |
The attorney is liable to the client for a negligent breach of fiduciary duty. | [
"The attorney could not face malpractice liability because the client cannot show damages over a delayed preliminary injunction, as opposed to the eventual outcome on the merits.",
"The attorney properly withdrew when the conflict of interest arose, so there should be no malpractice liability to the client.",
"... | MPRE | 2 | 258 | An attorney agreed to represent a client, but the attorney’s firm did not search for potential conflicts of interest. The attorney filed the lawsuit in court. During the pleading and motion stage, the attorney discovered that one of her law firm partners formerly represented the opposing party in a closely related matt... | |
She should be able to purchase insurance coverage that will cover claims arising from acts or omissions prior to the start of her solo practice. | [
"She will not be able to purchase insurance coverage for prior acts if another insurer covered her during her previous legal work.",
"She should go without insurance for a while to be able to purchase a new policy that will cover prior acts and omissions.",
"She should ask all her new clients for a malpractice ... | MPRE | 3 | 259 | An attorney leaves her law firm and begins her own solo practice. Her prior firm maintains coverage for claims arising from acts or omissions while at the firm. Which of the following should be the attorney’s best option when purchasing insurance for her new practice? | |
The attorney may have no coverage from now on for any claim that arises out of her work while employed at Big Firm. | [
"The attorney has no coverage from now on for any claim that arises out of her work while employed at Boutique Firm.",
"The attorney has enough coverage from now on for any claim that arises out of her work while employed at Big Firm, because Big Firm did not preempt it but purchasing ERC.",
"The attorney may h... | MPRE | 2 | 260 | An attorney left her job at Big Firm and joined Boutique Firm. Big Firm’s malpractice liability policy had no provision for the purchase of an individual tail. The malpractice liability insurer for Boutique Firm, on the other hand, would only agree to cover claims arising from acts or omissions of the attorney after sh... | |
Yes, because even disclosures of information contained in the public record must have client authorization. | [
"It depends on whether there was a sealed record in the client’s divorce case.",
"No, because the divorce and court order regarding child support are a matter of public record.",
"No, because the client authorized the attorney to issue the press release, which impliedly authorized the disclosure of other helpfu... | MPRE | 3 | 261 | An attorney represents a client who went through a divorce several years ago in another state, and the divorce resulted in a court order for child support and spousal maintenance. The client then moved to the attorney’s state, started a new career in politics, and formed new relationships. She has kept her previous mar... | |
Yes, because she did not consult first with the client before making the disclosure. | [
"Yes, because she did not consult first with the client before making the disclosure.",
"Yes, because it was incompetent for her to believe that a subpoena could have legal force binding a corporate entity, as opposed to individuals.",
"No, because the client is a corporation, not an individual.",
"No, becaus... | MPRE | 0 | 262 | An attorney is representing a corporate client on a variety of litigation matters. The attorney receives a subpoena (compulsory process) for information and a document relating to one of her corporate clients. The attorney promptly produces the information and document required by the subpoena, and then informs the cli... | |
No, because lawyers in a firm may disclose to each other information relating to a client of the firm, unless the client has instructed that certain information be available only to specified lawyers. | [
"Yes, because a lawyer has a duty to preserve the confidentiality of client information, even from other lawyers in his law firm, unless the client expressly authorizes disclosure.",
"Yes, because the disclosure automatically created potential conflicts of interest for the other lawyers in the firm who might repr... | MPRE | 2 | 263 | An attorney is a partner in a seven-lawyer firm. The client retained the attorney to handle his workers’ compensation matter. Yet the attorney did not discuss with the client that he would normally disclose to the other partners in the firm some of the details about his cases and clients. At the weekly meeting of the p... | |
Yes, because the attorney disclosed more than what details were necessary to accomplish his purpose. | [
"Yes, because the attorney disclosed more than what details were necessary to accomplish his purpose.",
"Yes, because attorneys shall not discuss client matters with other lawyers not also serving as counsel for their client.",
"No, because attorneys may discuss their cases with other lawyers to ensure they are... | MPRE | 0 | 264 | Client, a large auto dealer, retains an attorney to represent him in a bankruptcy case. This attorney’s firm represents a bank, through which the client has several large loans that covered loans for the dealership. The loans are all contained in the bankruptcy. The attorney is concerned about whether there is a confli... | |
No, because attorneys cannot disclose client representation information and the death had already occurred, therefore, the disclosure would not prevent certain death or substantial bodily injury. | [
"Yes, because attorneys have a duty to reveal information, even if confidential, that relates to a crime or fraud committed by his client.",
"Yes, because attorneys no longer have a duty not to disclose information relating to the representation of a client once the attorney’s representation of that client termin... | MPRE | 3 | 265 | A client hired an attorney to represent her in a burglary charge. During a meeting with the attorney and with the understanding that any information would be confidential, the client advised the attorney about a murder she committed. A wrongfully-accused man was presently on trial for that same murder. Eventually, the ... | |
Yes, because the lawyer revealed more client information than was necessary to secure legal advice about the lawyer's compliance with the Rules | [
"Yes, because the attorney used a hypothetical that was obvious enough that the other lawyer immediately knew the identity of the client and the client’s information that the attorney was supposed to protect.",
"Yes, because the lawyer revealed more client information than was necessary to secure legal advice abo... | MPRE | 1 | 266 | An attorney has been practicing for many years, and he is now representing a client who is a notorious celebrity-turned-criminal in a criminal case involving drug charges. The attorney is confused about whether he may publicly disclose information that he learned in confidence from his client if the information is alre... | |
No, because the “generally known” exception does not apply to disclosures by the attorney about former clients. | [
"Yes, because the information received widespread public attention in that area.",
"Yes, because the representation ended when the client fired the attorney, and the duty of confidentiality no longer applied.",
"No, because the “generally known” exception applies only after the client’s death.",
"No, because ... | MPRE | 3 | 267 | While representing a client, an attorney learned confidential information about the client’s previous marriage and divorce, which occurred many years before in another country. Before the attorney could conclude the matter, the client terminated the representation. Over the next three years, the now-former client becam... | |
Yes, because the attorney disclosed the information solely to detect and resolve conflicts of interest arising from the lawyer’s change of employment. | [
"Yes, so long as the attorney informs the clients subsequently that such disclosures have occurred.",
"Yes, because the attorney disclosed the information solely to detect and resolve conflicts of interest arising from the lawyer’s change of employment.",
"No, because the attorney did not obtain consent or auth... | MPRE | 1 | 268 | Small Firm is considering hiring an attorney, who currently works for Big Firm, in a lateral move. The attorney is a transactional lawyer, so none of the information he possesses is “privileged” in that it was not in anticipation of litigation. To facilitate the checks for conflicts of interest, the attorney discloses ... | |
Yes, because state law requires the disclosure, and a lawyer may reveal information relating to the representation of a client to the extent the lawyer has a reasonable belief that it is necessary to comply with other law. | [
"Yes, because state law requires the disclosure, and a lawyer may reveal information relating to the representation of a client to the extent the lawyer has a reasonable belief that it is necessary to comply with other law.",
"Yes, because the mother was only a prospective client who was ineligible for representa... | MPRE | 0 | 269 | An attorney works for a state-operated legal aid clinic, which under a state statute counts as a social service agency. The state has a mandatory reporting law for child abuse, which statutorily requires employees of social service agencies to report any instances of child abuse they discover among their clients or con... | |
The attorney has an ethical obligation to warn the client not to communicate about the matter via her work computer through any email account, and a duty to refrain from emailing the client’s workplace email account or responding to emails from the client’s workplace email account. | [
"The attorney does not need to warn the client because any correspondence between the client and the attorney would have already the protection of attorney-client privilege, even if the employer reads the emails.",
"The attorney does not need to warn the client because the pre-existence of the written, internal p... | MPRE | 3 | 270 | An employee of Conglomerate Corporation retained an attorney to advise her about a potential claim against her employer. Like most corporate employees, this client has a cubicle workstation with a computer assigned for her exclusive use at work. Conglomerate Corporation’s written internal policy states that the company... | |
The attorney cannot disclose the information to anyone, and must withdraw from representing the employer, the employee, and the insurer. | [
"The attorney must disclose the information to the other clients in the representation, that is, the insurer and the employer, because the facts directly impact their legal rights and liabilities.",
"The attorney cannot disclose the information to anyone, and must withdraw from representing the employer, the empl... | MPRE | 1 | 271 | An insurance company retained an attorney to defend both the insured employer and one of its employees, whose conduct is at issue and for which the employer might be vicariously liable. During a private consultation with the attorney, the employee recounts some facts about the incident that are self-incriminating. In f... | |
The attorney’s ethical duty of confidentiality to the client. | [
"The attorney’s ethical duty of confidentiality to the client.",
"The attorney work product doctrine.",
"Attorney-client privilege.",
"A duty of loyalty to the others present."
] | MPRE | 0 | 272 | A wealthy client invited his attorney to visit the client’s lavish home, so that they could update the client’s will and other estate planning instruments. They updated these documents every year. On this occasion, a few others were present during their conversation about the client’s estate planning issues: the client... | |
Yes, lawyers must employ reasonable efforts to monitor the technology and office resources connected to the internet, external data sources, and external vendors providing services relating to data and the use of data. | [
"The firm is not subject to discipline, but the clients may demand contractually that the firm constantly monitor for a data breach, and the firm could be liable for malpractice.",
"No, the Model Rules require lawyers to have adequate protections against a data security breach, not necessarily to monitor constant... | MPRE | 2 | 273 | An attorney was the managing partner at a firm. The firm had current, up-to-date network security, firewalls, password protection, email encryption, and so on. As managing partner, the attorney would revisit this issue every year in January, checking with the relevant vendors to see if there were important software upd... | |
Yes, unauthorized access to, or disclosure of, client information does not constitute a violation of the Model Rules if the lawyer has made reasonable efforts to prevent the access or disclosure. | [
"Yes, unauthorized access to, or disclosure of, client information does not constitute a violation of the Model Rules if the lawyer has made reasonable efforts to prevent the access or disclosure.",
"Yes, even if their network security was inadequate, the clients did not in fact suffer any harm to their legal or ... | MPRE | 0 | 274 | An attorney was a partner at Big Firm, which represented Conglomerate Corporation in their corporate merger negotiations with Giant Company. Big Firm had state-of-the-art network firewalls, virus protection, password protection, and other data security features in place. Nevertheless, one Friday evening some hackers ma... | |
In this litigation, the memorandum from the entrepreneur to his previous attorney is not privileged and is therefore discoverable. | [
"In this litigation, the memorandum from the entrepreneur to his previous attorney is not privileged and is therefore discoverable.",
"In this litigation, the memorandum from the entrepreneur to his previous attorney is privileged and is therefore not discoverable.",
"The venture capitalist would need to show h... | MPRE | 0 | 275 | Two clients, an entrepreneur and a venture capitalist, jointly consulted an attorney about establishing a business. The two clients had not yet agreed on the confidentiality of their separate communications with the attorney. The entrepreneur later sent the attorney a confidential memorandum outlining his own proposed ... | |
Neither the attorney nor the client would have to disclose or testify about any of its contents. | [
"The portions of the email relying on information from third parties is discoverable, but the parts relying on the client’s information or the attorney’s own research are privileged.",
"Both the attorney and the client would have to disclose the email or testify its contents.",
"Neither the attorney nor the cli... | MPRE | 2 | 276 | An attorney wrote a confidential email to a client offering legal advice on a tax matter. The client had sought the attorney’s legal opinion on the question. The attorney’s answer relied partly on information that the client had provided, partly on information the attorney himself obtained from third parties, and partl... | |
Yes, privilege still applies to the document due to its originally privileged nature. | [
"Yes, privilege still applies to the document due to its originally privileged nature.",
"Yes, because once privilege attaches to a document, it remains privileged permanently.",
"No, the client waived privilege by showing it to another lawyer.",
"No, the privilege for the communication with the first attorne... | MPRE | 0 | 277 | A client kept in his files an old memorandum that the client had prepared for his attorney during an earlier representation by the attorney. After some time, the client takes the memorandum to another lawyer, in confidence, to obtain legal services on a different matter. The memorandum qualified as a privileged communi... | |
No, the records gain no privileged status by the fact that the client delivered them to the attorney to obtain legal advice. | [
"Yes, the records gain privileged status by the fact that the client delivered them privately to the attorney to obtain legal advice.",
"No, the records gain no privileged status by the fact that the client delivered them to the attorney to obtain legal advice.",
"Privilege applies to the records only if the cl... | MPRE | 1 | 278 | A client confidentially delivered his own business records to his attorney, who specializes in tax matters, to obtain the attorney’s legal advice about taxes. The business records were routine bookkeeping files, not prepared for obtaining legal advice. When the IRS eventually brought an enforcement action against the c... | |
The contents of the message transmitted through the friend are privileged and therefore both undiscoverable and inadmissible at trial, because the friend was acting as an agent of the client. | [
"The contents of the message transmitted through the friend are privileged and therefore both undiscoverable and inadmissible at trial, because the friend was acting as an agent of the client.",
"The contents of the message are not privileged because the client disclosed them to a third party to transmit the info... | MPRE | 0 | 279 | The police arrested Professor Stevenson and would not permit him to communicate directly with his attorney. Professor Stevenson asked his longtime friend and confidant, Sisyphus, to convey to his attorney that the attorney should not permit the police to search Professor Stevenson’s home. Later, the prosecution calls t... | |
Yes, because the interpreter acted as an agent of the client in facilitating the provision of legal services. | [
"Yes, but only if the interpreter signed a nondisclosure agreement and understood that the conversation was privileged.",
"Yes, because the interpreter acted as an agent of the client in facilitating the provision of legal services.",
"No, the interpreter was unnecessary, because a client could easily find anot... | MPRE | 1 | 280 | A client who spoke only Spanish hired a local attorney who spoke English and no other languages. The client used an interpreter to communicate an otherwise privileged message to the attorney. The interpreter was an acquaintance of the client. The opposing party later tried to have the interpreter testify at trial about... | |
No, because the parents are there to facilitate the representation on behalf of their minor child. | [
"Yes, because the attorney is discussing confidential matters with a client in the presence of nonclients.",
"Yes, unless the parents have previously signed a nondisclosure agreement and understand that they must preserve the privilege on behalf of the client.",
"No, because the parents are there to facilitate ... | MPRE | 2 | 281 | An attorney agreed to represent an underage client in a legal matter. The client was fifteen years old, and the youth’s parents were present at the consultations and other meetings with the attorney. Would the presence of the parents during confidential communications between the attorney and the underage client waive ... | |
Yes, because the accountant is acting as the client’s agent in this scenario, just as if her were a foreign language interpreter. | [
"Yes, because the client and the attorney consented to having the accountant present.",
"Yes, because the accountant is acting as the client’s agent in this scenario, just as if her were a foreign language interpreter.",
"No, the presence of the accountant means the conversation was not confidential and privile... | MPRE | 1 | 282 | An accountant advised Professor Stevenson to consult a lawyer about a legal problem involving complex questions of tax accounting. Professor Stevenson is easily distractible, and he and does not fully understand the nature of the accounting questions, and he asks his accountant to accompany him to a consultation with h... | |
Yes, the legal guardian is necessary for rendering legal services to the client, and functions as the client’s agent in this scenario. | [
"Yes, the legal guardian is necessary for rendering legal services to the client, and functions as the client’s agent in this scenario.",
"Yes, privilege applies to the oral communications, but not to messages relayed by the guardian between the client and the attorney.",
"No, privilege does not apply to legal ... | MPRE | 0 | 283 | An attorney agreed to represent a client who suffered from severe mental illness that had resulted in his institutionalization. The client complained that the staff mistreated her and wanted the attorney to litigate. At the end of this litigation, the court appointed a family member as the legal guardian for the client... | |
The defendant’s attorney is correct that his client did not waive attorney-client privilege by testifying regarding the same facts at trial. | [
"It depends on whether the facts in question would constitute material questions of fact in the case.",
"It depends on whether the client claimed attorney-client privilege for all prior conversations with her attorney before she began testifying about the same events.",
"The defendant’s attorney is correct that... | MPRE | 2 | 284 | An attorney represented a defendant in a personal-injury action. The client made a confidential communication to the attorney concerning the circumstances of the accident. Later, in the judicial proceedings, the attorney was conducting direct examination of the client, and the client testified about the occurrence. She... | |
The plaintiff’s lawyer is correct that the defendant opened the door referencing the previous privileged conversations at trial, thereby waiving privilege for the prior conversations. | [
"It depends on whether the facts in question would constitute material questions of fact in the case.",
"It depends on whether the client claimed attorney-client privilege for all prior conversations with her attorney before she began testifying about the same events.",
"The defendant’s attorney is correct that... | MPRE | 3 | 285 | An attorney represented a defendant in a personal-injury action. The client made a confidential communication to the attorney concerning the circumstances of the accident. Later, in the judicial proceedings, the attorney was conducting direct examination of the client, and the client testified about the occurrence. Whe... | |
The attorney is correct that privilege would still apply, and the documents are inadmissible. | [
"The prosecutor is correct that attorney-client privilege no longer protects the documents, now that they easily available exposed to the public.",
"The attorney is correct that privilege would still apply, and the documents are inadmissible.",
"It depends on whether the brief case remained locked when the poli... | MPRE | 1 | 286 | Professor Stevenson was walking alone through a high-crime neighborhood late at night, carrying his brief case, which contained copies of confidential and privileged correspondence between the Professor Stevenson and his attorney. Robbers mugged Professor Stevenson and ran off with his brief case, which they soon disca... | |
The appellate tribunal is incorrect that privilege cannot reattach even if the disclosure was in response to an incorrect ruling by another tribunal, and the disclosure did not waive privilege for subsequent litigation. | [
"The appellate tribunal is correct that privilege cannot reattach even if the disclosure was in response to an incorrect ruling by another tribunal, and the disclosure-under-protest also waived privilege for subsequent litigation.",
"The appellate tribunal is correct that privilege cannot reattach even if the dis... | MPRE | 3 | 287 | An attorney represented a client in a license-revocation hearing before an administrative law judge. At one point, the government lawyer asked the client a question about a confidential communication with the client’s attorney, and the attorney objected that the conversation clearly came under attorney-client privilege... | |
The attorney who made the inadvertent disclosure, without negligence, can properly reassert privilege. | [
"Opposing counsel is correct that the attorney waived privilege by disclosing the confidential document during discovery.",
"Privilege does not apply because the plaintiff has not yet filed a claim in court.",
"The attorney who made the inadvertent disclosure, without negligence, can properly reassert privilege... | MPRE | 2 | 288 | An attorney represented a client who was a potential defendant in a personal injury lawsuit. The victim of the accident has threatened the client with litigation unless the client can convince the victim’s lawyers that the client is not at fault. The victim also gives a deadline for producing such evidence, after which... | |
No, it is privileged communication from a client to a lawyer. | [
"Yes, due to the business records exception to attorney-client privilege.",
"Yes, the report constitutes an admission of a party opponent.",
"No, because the distribution manager is not one of the corporate directors.",
"No, it is privileged communication from a client to a lawyer."
] | MPRE | 3 | 289 | A soda company had a delivery truck that collided with a school bus full of children on a field trip. The soda company’s distribution manager wrote a report of the accident and provided it to the company’s litigation counsel. The manager did not share the report with anyone except the attorney. When lawsuits from the i... | |
The conversation comes under the protection of attorney client privilege because at the time it occurred, the driver and owner were both clients and the investigator was there to assist the attorney. | [
"The deposition can go forward, and the investigator’s disclosures will be admissible, because his presence in the conversation as a non-client waived attorney-client privilege for the others.",
"The deposition can go forward, and the investigator’s disclosures will be admissible, because the driver and the owner... | MPRE | 2 | 290 | A small independent soda company had a delivery truck that collided with a school bus full of children on a field trip. The company’s owner and the driver, who were co-defendants in the first lawsuit over the incident, met with their litigation attorney – the owner agreed to pay the fees for representing them both. As ... | |
The deposition can go forward, and the investigator’s disclosures will be admissible, because the driver and the owner are now adverse parties in the litigation. | [
"The deposition can go forward, and the investigator’s disclosures will be admissible, because his presence in the conversation as a non-client waived attorney-client privilege for the others.",
"The deposition can go forward, and the investigator’s disclosures will be admissible, because the driver and the owner... | MPRE | 1 | 291 | A small independent soda company had a delivery truck that collided with a school bus full of children on a field trip. The company’s owner and the driver, who were co-defendants in the first lawsuit over the incident, met with their litigation attorney – the owner agreed to pay the fees for representing both. As they ... | |
No, documents and information about billable hours, scheduling, and so forth are not privileged. | [
"Yes, the attorney’s hourly records are her own work product.",
"Yes, because the client and the attorney have become adverse parties in litigation.",
"No, because a lawyer cannot invoke privilege without the relevant client’s consent.",
"No, documents and information about billable hours, scheduling, and so ... | MPRE | 3 | 292 | Conglomerate Corporation hired outside counsel to represent the organization in a lawsuit, but part way through the representation, Conglomerate’s managers decided to fire the attorney and hire someone else with more experience. Conglomerate’s former attorney then sued the organization for her unpaid legal fees for the... | |
The conversation is not privileged because of the client’s illegal purpose in seeking the information. | [
"The conversation is privileged, because it was a private conversation between a client and lawyer to obtain legal advice.",
"The conversation is privileged, because the attorney was unaware that the client was engaged in illegal conduct.",
"The conversation is not privileged because of the client’s illegal pur... | MPRE | 2 | 293 | A client consulted with his attorney privately about how to wire funds to an offshore bank account legally, in a manner that would not violate tax laws or draw the attention of federal regulators. The attorney was not aware at the time that his client was engaged in illegal activity, and thought he merely wanted a secu... | |
Yes, because the investigator was acting as an agent of the attorney, and the conversation was a confidential communication with a client for the purpose of obtaining legal services. | [
"Yes, because the investigator was acting as an agent of the attorney, and the conversation was a confidential communication with a client for the purpose of obtaining legal services.",
"Yes, but only if the attorney in fact reviewed a recording or transcript of the conversation afterward, which would make the in... | MPRE | 0 | 294 | An attorney heard from one of his clients in county jail that the client’s cellmate did not have a lawyer, so the attorney sent a message offering to represent him, and the cellmate agreed and hired the attorney. The new client was under investigation for a variety of financial crimes, so the attorney hired a private f... | |
Yes, because attorney-client privilege does not apply to underlying facts, even if those facts were under discussion in an otherwise privileged communication. | [
"Yes, because the lawyer who wrote the memorandum was in-house counsel at the manufacturer, so the company never communicated with an outside law firm seeking legal advice.",
"Yes, because attorney-client privilege does not apply to underlying facts, even if those facts were under discussion in an otherwise privi... | MPRE | 1 | 295 | The parents of an autistic child submitted a complaint to a vaccine manufacturer, claiming that its early childhood inoculation for Mumps-Measles-Rubella had caused the child’s autism. The vaccine producer referred the complaint to its legal department. Its in-house counsel investigated the complaint, and eventually co... | |
Yes, because the corporate directors requested the information from the in-house attorney, and the information was work-related, and was necessary for obtaining legal advice | [
"Yes, because the corporate directors requested the information from the in-house attorney, and the information was work-related, and was necessary for obtaining legal advice",
"Yes, because providing the information to an attorney made privilege attach.",
"No, because the inquiries and written responses are un... | MPRE | 0 | 296 | Conglomerate Corporation has several overseas facilities, and a mid-level manager at one of these locations bribed local government officials to obtain lucrative government contracts. The matter came to the attention of Conglomerate’s top management and Board, who recognized that the incident was an egregious violation... | |
No, because the documents were not part of rendering legal advice, but rather for the employees to use in processing claims, and they were not confidential enough to create privilege. | [
"Yes, because the attorney prepared them on behalf of the client, at the client’s request.",
"Yes, because the attorney prepared them as part of rendering legal services to the client, and the manuals were for internal, nonpublic use by the insurance adjusters.",
"No, because attorney-client privilege applies o... | MPRE | 3 | 297 | An attorney prepared the policy manuals for a corporate client, an insurance company. The manuals guide the client’s claims adjusters about claims reporting procedures, such as assigning counsel, closing files, reporting bad-faith claims, maintaining records, settlement authority, and so forth. These attorney-drafted p... | |
Yes, because the communications, though confidential, were in furtherance of committing a crime or fraud. | [
"Yes, because the privilege belongs to the client, so only the client could assert it, not the attorney.",
"Yes, because the communications, though confidential, were in furtherance of committing a crime or fraud.",
"No, the communication comes squarely under the protection of attorney-client privilege.",
"No... | MPRE | 1 | 298 | An attorney met a small business proprietor at a social event, and the proprietor mentioned that he routinely hires lawyers for lease and contract issues. The attorney offered to provide representation for such matters in the future, and gave him his business card, and the proprietor called the next day to engage the a... | |
No, blanket privilege inscriptions on law firm correspondence do not guarantee that privilege will apply to the contents of the email, because emails sent to non-clients (or copying non-clients as additional recipients) would not be privileged. | [
"Yes, because the disclaimer informs anyone who reads the email that it is a private communication between the lawyers at the firm and individuals seeking legal assistance.",
"Yes, the disclaimer asserts the privilege explicitly, but any emails from a law firm would automatically trigger the attorney-client privi... | MPRE | 3 | 299 | Howard Hamlin is a partner at the law firm Hamlin, Hamlin, & McGill (HHM). HHM’s computer network automatically inserts the firm’s “Hamlindigo Blue” logo and letterhead into every email sent from the firm’s email accounts, as well as a legal disclaimer at the end of every email that reads, “NOTICE: This email may conta... | |
No, because sending the memorandum to so many employees who had no connection to the matter waived the privilege. | [
"Yes, because the communication was part of a private communication between a lawyer and a client who was seeking legal advice.",
"Yes, because the memorandum was prepared in anticipated of upcoming litigation, and therefore qualifies as attorney work product.",
"No, the attorney was investigating a few separat... | MPRE | 3 | 300 | Conglomerate Corporation has several offices around the state. After receiving a few employee complaints about workplace discrimination from one office, Conglomerate’s corporate officers asked the company’s attorney to advise them about potential liability in the matter. The attorney conducted a careful investigation a... |
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