topic stringclasses 1
value | correct_idx int64 0 3 | problem_number int64 1 500 | candidate_answers sequence | source stringclasses 1
value | correct_answer stringlengths 0 587 | problem_statement stringlengths 56 3.02k |
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3 | 1 | [
"Yes, because Conglomerate Corporation owns more than half of Giant Company, so the two corporate entities are one client for purposes of the rules regarding conflicts of interest.",
"Yes, because the virtual impossibility of obtaining an appraisal of the fair market value of the property means that the lawyer do... | MPRE | No, not unless the attorney first obtains effective informed consent of the management of Giant Company, as well as that of Conglomerate, because the ownership of Conglomerate and Giant is not identical, and their interests materially differ in the proposed transaction. | Conglomerate Corporation owns a little more than half the stock of Giant Company. Conglomerate’s stock, in turn, is public, available on the public stock exchange, as is the remainder of the stock in Giant Company. The president of Conglomerate Corporation has asked Attorney Stevenson to represent Giant Company in a de... | |
0 | 2 | [
"Yes, the likelihood of conflicting positions in such matters as plea bargaining requires the attorney to obtain the informed consent of both clients before proceeding with the representation.",
"Yes, because it will always be in the best interest of a corporation to blame the individual who acted in the situatio... | MPRE | Yes, the likelihood of conflicting positions in such matters as plea bargaining requires the attorney to obtain the informed consent of both clients before proceeding with the representation. | Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces criminal charges of discussing prices with the president of a competing firm. If found guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil and criminal penalties under state and federal antitrust laws. An attorney has... | |
3 | 3 | [
"Yes, because the client and the attorney may have different cost-benefit calculations.",
"Yes, for an attorney may prefer that his client accept a low settlement offer to ensure that the attorney receives his fee, while the client wants to reject a settlement offer and take his chances at trial.",
"No, insuran... | MPRE | No, the attorney may purchase litigation cost protection insurance so long as she does not allow the terms of the coverage to adversely affect her independent professional judgment, the client-lawyer relationship, or the client’s continuing best interests. | An attorney decides to purchase “litigation cost protection” insurance for matters she handles on a contingency fee basis. Plaintiffs’ lawyers can buy this type of insurance on a case-by-case basis, for a one-time premium payment. The insurance is available for purchase up to three months after the filing of the initia... | |
1 | 4 | [
"Yes, because the Model Rules do not purport to regulate insurance for lawyers, which is a matter of state statute.",
"Yes, if the amount charged to the client is fair and reasonable, and the lawyer fully explains to the client what litigation cost protection insurance is, why the lawyer believes a litigation cos... | MPRE | Yes, if the amount charged to the client is fair and reasonable, and the lawyer fully explains to the client what litigation cost protection insurance is, why the lawyer believes a litigation cost protection policy will serve the client’s best interests, that the client should get the advice of independent legal counse... | An attorney purchased “litigation cost protection” insurance at the outset of representing a plaintiff in a personal injury case. When the attorney recovered funds for the client through a settlement or favorable trial verdict, the attorney proposed to receive reimbursement for the insurance premium from the judgment o... | |
3 | 5 | [
"Yes, because their legal and factual assertions appear identical in this case, so the risk of contradiction or adverse positions in the litigation is de minimis.",
"Yes, although the likelihood of conflicting positions in such matters as plea bargaining requires the attorney to obtain the informed consent of bot... | MPRE | No, the conflicting positions between Conglomerate and Mr. Burns are so great that the same lawyer cannot provide adequate legal representation to both, so consent to the conflict is ineffective. | Mr. Burns, the chief executive officer of Conglomerate Corporation, now faces criminal charges of discussing prices with the president of a competing firm. If found guilty, both Mr. Burns and Conglomerate Corporation will be subject to civil and criminal penalties under state and federal antitrust laws. An attorney has... | |
0 | 6 | [
"Yes, because ignorance caused by a failure to institute reasonable procedures, appropriate for the size and type of firm and practice, will not excuse a lawyer's violation of the Rules regarding conflicts of interest.",
"Yes, because there is a presumption that a company owning several subsidiaries will have at ... | MPRE | Yes, because ignorance caused by a failure to institute reasonable procedures, appropriate for the size and type of firm and practice, will not excuse a lawyer's violation of the Rules regarding conflicts of interest. | Big Firm represents hundreds of corporate clients out of a dozen offices in different states. The firm has no formal procedures in place to check for conflicts at the outset of representation for new clients, but the managing partner of the firm has an incredible memory and has never failed to spot a potential conflict... | |
1 | 7 | [
"Yes, because one matter is in state court and the other matter is a completely unrelated federal administrative proceeding.",
"Yes, but the attorney must seek court approval where necessary and take steps to minimize harm to the clients, and he must continue to protect the confidences of the client from whose re... | MPRE | Yes, but the attorney must seek court approval where necessary and take steps to minimize harm to the clients, and he must continue to protect the confidences of the client from whose representation the lawyer has withdrawn. | An attorney sued Giant Company on behalf of a client in a personal injury matter. During the protracted litigation that ensued, Conglomerate bought Giant Company. The attorney was already representing Conglomerate in a regulatory compliance matter before a federal administrative agency. Assuming this development was un... | |
3 | 8 | [
"Yes, because it appears on these facts that there will be no assets in dispute at all, so the theoretical conflict of interest would have no bearing on their case.",
"Yes, because both clients consented in writing, the dual representation does not violate law, and the attorney could have a reasonable belief that... | MPRE | No, because the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal | A husband and wife decide to divorce and reach an agreement to share the same lawyer in hopes of saving money. They hire an attorney to represent each of them in Family Court for the dissolution of marriage. The attorney explains that there is an obvious conflict of interest here, but the husband and wife insist, and s... | |
1 | 9 | [
"Yes, if the attorney has a reasonable belief that he will be able to provide competent and diligent representation to each client, because the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a ... | MPRE | Yes, because the mere possibility of subsequent harm does not itself require disclosure and consent. | Three individuals plan to form a joint venture and ask an attorney to represent them in drafting the necessary documents and making the necessary filings with government agencies. They have already agreed that everyone will contribute exactly one-third of the startup funds for the venture, each will own a one-third sha... | |
3 | 10 | [
"No, because the attorney and her sister are not close enough for there to be a substantial risk that they will share confidential information, and the matter seemed unlikely to turn into litigation.",
"No, so long as both sisters give informed consent in writing, and each believes that she will be able to provid... | MPRE | The attorney would be subject to disqualification, but ordinarily the other lawyers in her firm would not be subject to disqualification. | A client owns a partnership share of a closely-held business, and the other partners vote to impose an involuntary buy-out of the client to remove him from the firm. The client is clearly upset about this, but the partnership agreement clearly permits involuntary buyouts by a majority vote of the other shareholders. Th... | |
3 | 11 | [
"Yes, assuming the client gives informed consent to the representation despite the conflict of interest here.",
"Yes, because there is no clear conflict of interest here, because the attorney has not yet started working at Big Firm and could not have participated at all in drafting the contract provision that is ... | MPRE | No, because when a lawyer has discussions concerning potential employment with an opponent of the lawyer's client, or with a law firm representing the opponent, such discussions could materially limit the lawyer's representation of the client. | An attorney has applied to make a lateral move from her firm to Big Firm, and she has already gone through the first two of three rounds of interviews for the position. Then the attorney agrees to represent a client in filing a breach of contract claim against Construction Company over a commercial development project.... | |
2 | 12 | [
"Yes, because the mere possibility of subsequent harm does not itself require disclosure and consent.",
"Yes, assuming the attorney has a reasonable belief that he will be able to provide competent and diligent representation to each client, because the representation does not involve the assertion of a claim by ... | MPRE | No, the situation is likely to limit materially Attorney’s ability to recommend or advocate all potential positions that each might take because of his duty of loyalty to the others; representing the group’s overall interests in effect forecloses alternatives that would otherwise be available to the client. | A group of several individuals seeking to form a joint venture asked an attorney to represent them in drafting the necessary documents and making the necessary filings with government agencies. Two of the individuals were to provide most of the initial funds for the startup; two others were experienced inventors who we... | |
0 | 13 | [
"Yes, when undertaking representation of multiple clients in a single matter, the information must include the implications of the common representation, including potential effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved.",
"Yes, if the liability insure... | MPRE | Yes, when undertaking representation of multiple clients in a single matter, the information must include the implications of the common representation, including potential effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved. | Three individuals hire an attorney to represent them as co-defendants in a tort action. At the outset, the attorney tells them that there could be a potential conflict of interest if he represents all three of them, and that they will need to sign informed consent forms, which they do. The three individuals have common... | |
2 | 14 | [
"Yes, assuming each provides written consent after receiving warnings about the potential conflicts that often emerge in dual representation",
"Yes, because this is a transactional matter, not litigation in which adverse claims could arise.",
"No, because the attorney cannot violate the duty of confidentiality ... | MPRE | No, because the attorney cannot violate the duty of confidentiality to Husband, which would be necessary to obtain informed consent from Wife. | Husband and Wife wanted to hire a certain attorney to prepare their wills. Before the formalities of representation were final, husband spoke with the attorney privately by phone and disclosed that Husband had been having an affair, and that his lover might be pregnant. Husband forbids the attorney to tell Wife about t... | |
1 | 15 | [
"Yes, the attorney can potentially continue to represent Business Manager but not Shift Supervisor, because Shift Supervisor engaged in misconduct that was unknown to Business Manager, and Business Manager is the one who arranged for the payment of the legal fees.",
"Yes, the attorney can potentially continue rep... | MPRE | Yes, the attorney can potentially continue representing Shift Supervisor but not Business Manager, given the nature of the conflict, the fact that Business Manager revoked consent because of a material change in circumstances, the expectations of Shift Supervisor, and so on. | Business Manager and Shift Supervisor, who worked at a customer service call-center, became co-defendants in a lawsuit by a disgruntled former employee. The plaintiff claimed to have been the victim of gender discrimination in the form of a hostile work environment, as well as intentional and negligent infliction of em... | |
0 | 16 | [
"Yes, if the client agrees to consent to a specific type of conflict with which the client is already familiar, then the consent ordinarily will be effective regarding that type of conflict.",
"Yes, because the conflict of interest was unforeseeable at the time the representation began, and Client was aware that ... | MPRE | Yes, if the client agrees to consent to a specific type of conflict with which the client is already familiar, then the consent ordinarily will be effective regarding that type of conflict. | An attorney has a private practice in a large rural township, and she specializes in commercial real estate transactions, such as the sale and lease of farmland, stables, granaries, and mills. As the only lawyer in the township with expertise in this area, she has represented most of the parties who buy and sell commer... | |
2 | 17 | [
"Yes, because the attorney represents clients whose interests are directly adverse, and he did not seek or obtain written informed consent to the conflict of interest.",
"Yes, because the client will obviously feel betrayed when she learns that the attorney is representing the defendant in the class action lawsui... | MPRE | No, because a lawyer seeking to represent an opponent in a class action does not typically need the consent of an unnamed member of the class whom the lawyer represents in an unrelated matter. | An attorney represented a client in a residential real estate transaction. At the same time, the attorney agreed to represent the defendant in a large class-action lawsuit, an alcoholic beverage maker that understated the alcohol content of its products on its labels, leading to numerous cases of inadvertent intoxicati... | |
2 | 18 | [
"No, the mere fact that advocating a legal position on behalf of one client might create precedent adverse to the interests of a client represented by the lawyer in an unrelated matter does not create a conflict of interest.",
"No, given that both are declaratory judgment actions, it is not possible that one clie... | MPRE | Yes, a conflict of interest exists if there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different case, as when a decision favoring one client will create a precedent likely to seriously weaken the position tak... | Two separate clients hired the same attorney, signing their retainer agreements one week apart, on unrelated matters, though both involve property owners’ rights under the state’s common law doctrine of public trust for beaches, which guarantees public access to beaches up to the vegetation line on the shore. In one ca... | |
1 | 19 | [
"Yes, attorneys may include waivers of future conflicts assuming clients are aware of the waiver.",
"Yes, attorneys can include waiver clauses for specific future conflicts in their contracts, if the clients are aware of the waiver, and if the contract delineates the types of future representations that may arise... | MPRE | Yes, attorneys can include waiver clauses for specific future conflicts in their contracts, if the clients are aware of the waiver, and if the contract delineates the types of future representations that may arise. | An experienced attorney handles claims against banks for many clients for issues regarding the failure of banks to investigate in a timely manner claims of fraud or unauthorized use of bankcards. Most of the attorney’s work consists of sending demand letters, and most cases never actually result in the filing of a suit... | |
0 | 20 | [
"Yes, a lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary, and the lawyer for an organization may provide representation adverse to an affiliate in an unrelated matter... | MPRE | Yes, a lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary, and the lawyer for an organization may provide representation adverse to an affiliate in an unrelated matter. | A certain attorney represents Conglomerate Corporation in a regulatory compliance matter, drafting documents for Conglomerate to file with the Securities and Exchange Commission and the Federal Trade Commission regarding executive salaries (for the SEC) and product market share (for the FTC’s antitrust inquiry). Conglo... | |
0 | 21 | [
"Yes, assuming both clients provide written informed consent, common representation is permissible where the clients’ interests mostly align, even though there is some difference in interest among them, so a lawyer may seek an agreement between them on an amicable and mutually advantageous basis",
"Yes, because c... | MPRE | Yes, assuming both clients provide written informed consent, common representation is permissible where the clients’ interests mostly align, even though there is some difference in interest among them, so a lawyer may seek an agreement between them on an amicable and mutually advantageous basis | The Workers’ Union at a manufacturing plant is having annual collective bargaining negotiations with the Management. Wages and benefits are not in dispute this year, as the parties reached an agreement in the previous year’s collective bargaining about a five-year schedule for wages and benefits that was acceptable to ... | |
0 | 22 | [
"Yes, regarding the attorney-client privilege, the prevailing rule is that, as between jointly represented clients, the privilege does not attach, and lawyers should assume that if litigation eventuates between the clients, the privilege will not protect any such communications.",
"Yes, regarding the attorney-cli... | MPRE | Yes, regarding the attorney-client privilege, the prevailing rule is that, as between jointly represented clients, the privilege does not attach, and lawyers should assume that if litigation eventuates between the clients, the privilege will not protect any such communications. | Two brothers work together in a family landscaping business, and each is a named defendant in a lawsuit over a broken sewage pipe on a client’s property where the brothers were digging holes to plant new trees. The two brothers hire their family’s attorney to represent them. Though the brothers get along reasonably wel... | |
0 | 23 | [
"Yes, in limited circumstances like this, it would be appropriate for the lawyer to proceed with the representation when the clients have agreed, after receiving adequate disclosures, that the lawyer will keep certain information confidential.",
"Yes, because no litigation is pending between the clients and the l... | MPRE | Yes, in limited circumstances like this, it would be appropriate for the lawyer to proceed with the representation when the clients have agreed, after receiving adequate disclosures, that the lawyer will keep certain information confidential. | A producer of popular energy drinks and the owner of a popular chain of video-rental kiosks wanted to undertake a joint venture to distribute energy drinks and DVD rentals through the same kiosks. They approached a certain attorney to work out the details of the joint venture and draft the necessary legal documents. Th... | |
2 | 24 | [
"Yes, because common representation requires informed consent in writing from each client at the outset of representation.",
"Yes, because the fact that it was a transactional matter and not litigation means that the attorney could easily have waited three weeks until all clients could be present to sign written ... | MPRE | No, it was not feasible to obtain or transmit the writing at the time the client gives informed consent, so the lawyer could obtain or transmit it within a reasonable time thereafter. | A certain attorney agrees to represent a group of three individuals in the same matter, a business transaction. Their interests are not directly adverse. This attorney has represented each of the clients in separate matters previously, and he is already working under a retainer to do legal work for each under the same ... | |
3 | 25 | [
"The attorney is subject to discipline, because the responsibilities of the two roles may conflict, as when Attorney must advise the corporation in matters involving actions of the directors, and there is always a material risk that the dual role will compromise the lawyer's independence of professional judgment",
... | MPRE | The attorney must advise the other board members that in some circumstances, matters they discuss at board meetings while the attorney is there as a fellow director would not be protected by the attorney-client privilege in later litigation; and that conflict of interest considerations might require the attorney’s recu... | An attorney serves as the lawyer for a corporation and is a member of its board of directors. Which of the following is true regarding this situation? | |
2 | 26 | [
"Yes, common representation is permissible where the clients’ interests align overall, even though there is some difference in interest among them, so the attorney may pursue an agreement on an amicable and mutually advantageous basis.",
"Yes, because conflicts of interest rules do not apply outside the litigatio... | MPRE | No, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, even in a negotiation. | A municipal election for a seat on the city council was remarkably close one year, resulting in a run-off election that was ever closer. Both candidates claimed victory, and each accused the opposing candidate of voter fraud and violations of various election rules. There is potential for litigation if the two cannot a... | |
1 | 27 | [
"Yes, but only if discharging the lawyer will not be prejudicial to the interests of the buyer, who has already invested a lot of time and energy in the negotiations to purchase the property.",
"Yes, each client in the common representation has the right to discharge the lawyer as stated in Rules of Professional ... | MPRE | Yes, each client in the common representation has the right to discharge the lawyer as stated in Rules of Professional Conduct and the accompanying Comments. | Two sisters are co-tenants of a house that they inherited from their father. They want to sell the house and hire an attorney to handle the real estate transaction. This attorney explains the potential for conflicts of interest in detail, and each sister readily agrees to provide written informed consent in the form of... | |
0 | 28 | [
"Yes, common representation is permissible where the clients’ interests mostly align, even though there is some difference in interest among them, so the attorney may pursue an agreement on an amicable and mutually advantageous basis.",
"Yes, because conflicts of interest rules do not apply outside the litigation... | MPRE | Yes, common representation is permissible where the clients’ interests mostly align, even though there is some difference in interest among them, so the attorney may pursue an agreement on an amicable and mutually advantageous basis. | Three co-owners of a successful startup business hire a certain attorney to help with working out the financial reorganization of their enterprise. The attorney seeks to resolve potentially adverse interests by developing the parties' mutual interests. In assenting to represent all the parties as clients simultaneously... | |
2 | 29 | [
"The attorney must obtain informed consent, confirmed in writing, from the school district and the citizen group regarding the conflict of interest.",
"The attorney cannot represent the citizens group against the county, because that would constitute a nonconsentable conflict of interest.",
"The attorney would ... | MPRE | The attorney would have no obligation under the ethical rules to inform the citizens group about her representation of the school district, or the school district about her representation of the citizens group against the county planning commission in the roadwidening dispute. | An experienced attorney practiced at a small firm in a rural area. The attorney regularly represented the county school district in employment discrimination matters. One day, a group of citizens asked the attorney to represent them before the county planning commission to oppose the widening of a county road. The scho... | |
0 | 30 | [
"Yes, the attorney gave inadequate notice the client regarding the desirability of seeking independent legal counsel for the transaction.",
"Yes, it was impermissible for the attorney to borrow money from a current client, even though the attorney fully repaid the loan.",
"No, the attorney repaid the loan with ... | MPRE | Yes, the attorney gave inadequate notice the client regarding the desirability of seeking independent legal counsel for the transaction. | An attorney made an agreement to borrow money from a client who had received a large inheritance. The attorney agreed to pay the client the same interest rate that banks in that area were charging for unsecured business loans, and she gave the client a detailed written disclosure of the terms and conditions of the loan... | |
1 | 31 | [
"Yes, because the attorney repaid the loan with interest, so the client suffered no adverse consequences.",
"Yes, because the attorney complied with the requirements of the Model Rules for this type of transaction with a client.",
"No, based on the facts here, the client did not sign the written advisement to s... | MPRE | Yes, because the attorney complied with the requirements of the Model Rules for this type of transaction with a client. | An attorney made an agreement to borrow money from a client who had received a large inheritance. The attorney agreed to pay the client the same interest rate that banks in that area were charging for unsecured business loans, and she gave the client a detailed written disclosure of the terms and conditions of the loan... | |
2 | 32 | [
"The attorney must fully disclose in writing all the terms of the development corporation ownership agreement to the developer and the venture capitalist in language they understand, and the terms of the agreement are objectively fair and reasonable the two clients.",
"The attorney must advise the developer and t... | MPRE | The attorney must withdraw from representing the venture capitalist and the developer on the other matters, at least until the process of forming the corporation is complete, to avoid conflicts of interest. | An attorney, a venture capitalist, and a land developer agreed to form a corporation to develop a new shopping mall. Their agreement allocates ownership shares based on the appraised value of the venture capitalist’s land, which he is contributing for this enterprise, the market value of the developer’s design and cons... | |
1 | 33 | [
"Yes, because the essential terms of the agreement were in writing, and it does not appear that the attorney charged the client any additional legal fees for this transaction.",
"Yes, this is a standard commercial transaction between the attorney and the client for a service that the client normally would market ... | MPRE | Yes, this is a standard commercial transaction between the attorney and the client for a service that the client normally would market to others. | An attorney represented a client who was a stockbroker in a boundary dispute with the client’s neighbor. Before the conclusion of the representation, the attorney also made some personal investments using the same client’s brokerage services, receiving the same terms, services, and fee waivers that other customers of t... | |
3 | 34 | [
"Yes, because the attorney did not advise the client in writing to seek the opinion of independent legal counsel for this transaction.",
"Yes, the client did not provide signed, written consent regarding about the attorney’s role in the transaction.",
"No, because the client had representation by another lawyer... | MPRE | No, because Rule 1.8 does not apply to ordinary fee arrangements between client and lawyer. | A transactional attorney agreed to represent a new client who already had representation by trial counsel on another matter. The client agreed to a complex fee arrangement, which included a fixed flat fee for the first phase of the transaction, a modest hourly rate for the remainder of the transaction, and a modest con... | |
3 | 35 | [
"Yes, the lawyer complied with the Model Rules’ notice requirements for business transactions with clients.",
"Yes, because the client felt disappointed after the transaction, and the attorney should have given more consideration to the client’s feelings.",
"No, because the client could not realistically afford... | MPRE | No, because the transaction was objectively unfair. | A certain client needed to sell a parcel of real estate to pay off a large amount of credit card debt. He brought this situation to the attention of his attorney, who was representing him in his interactions with collection agencies and credit bureaus. The attorney offered to purchase the property immediately for the f... | |
0 | 36 | [
"Yes, because the client had representation by another lawyer in the transaction.",
"Yes, because the joint investment did not relate to the attorney’s representation of the client, which pertained to a litigation matter.",
"No, because the attorney did not advise the client in writing to seek the opinion of in... | MPRE | Yes, because the client had representation by another lawyer in the transaction. | An attorney represented a client in a litigation matter, and while the matter was still pending, the attorney and the client also agreed to purchase an investment property together. The client had another lawyer who regularly represented the client in transactional matters, but not litigation. The litigation attorney a... | |
3 | 37 | [
"The attorney may share non-confidential information and opinions about clients in a public forum that generates revenue for the lawyer.",
"The attorney can share confidential information about clients on social media after the representation has ended, if the client has refused to pay the legal fees owed to the ... | MPRE | The attorney has a common-law fiduciary duty not to profit from using client information even if the use complies with the lawyer's ethical obligations, without accounting to the client for any profits made. | An attorney has a successful blog about legal practice, and the blog generates substantial side income for the attorney. The attorney posts entertaining stories about his clients that attract the attention of his readers and make the blog successful and lucrative. He does not obtain client consent for these posts, but ... | |
3 | 38 | [
"Yes, attorneys shall not enter into transactions with clients that result in joint ownership of property.",
"Yes, attorneys shall not engage in social activities with current clients or enter into transactions that result in joint ownership of property.",
"No, attorneys may enter into transactions with clients... | MPRE | No, attorneys can enter into fair and reasonable business transactions with clients, assuming the client receives an advisory in writing of the benefit of seeking advice from independent counsel and gives informed consent, in writing and signed by the client, of the transaction details. | A certain attorney represents a client in a civil suit. The client and the attorney often discuss their hunting trips and have gone hunting together on several occasions. The client tells the attorney he is purchasing a piece of property for hunting with five other people and asks the attorney if he would like to go in... | |
0 | 39 | [
"Yes, the attorney may accept payment by Asylum Now and may agree to make contentions that Asylum Now wishes to have tested by the litigation.",
"Yes, if the attorney agrees to prioritize the interests of Asylum Now as the payor over the personal wishes of the refugee, who is merely a representative of the larger... | MPRE | Yes, the attorney may accept payment by Asylum Now and may agree to make contentions that Asylum Now wishes to have tested by the litigation. | Asylum Now is a nonprofit organization that advocates for refugees and immigrants from poor countries. The Board of Directors for Asylum Now wants to bring a test case in federal court to challenge the constitutionality of detaining refugees who enter the country under duress without a visa. Asylum Now has offered to p... | |
1 | 40 | [
"Yes, a lawyer shall not accept compensation for representing a client from one other than the client, especially an employer.",
"Yes, without specific authorization from the employee-client, the attorney may not disclose to Conglomerate how the employee intends to testify.",
"No, a lawyer may represent a clien... | MPRE | Yes, without specific authorization from the employee-client, the attorney may not disclose to Conglomerate how the employee intends to testify. | Conglomerate Corporation hired an attorney to represent one of its employees, a delivery truck driver, who is the defendant in a personal injury lawsuit. The incident that caused the plaintiff’s injury was potentially within the scope of the employee’s duties, and under Conglomerate’s ultimate supervision. Conglomerate... | |
3 | 41 | [
"Yes, because the client asked her for suggestions about potential heirs and was excited about leaving something in the will to the attorney.",
"Yes, because the attorney was not depriving any other potential heirs of the specific items she requested, as the client had no surviving relatives.",
"No, because the... | MPRE | No, because the attorney should not have prepared the will if the document made a significant bequest to the attorney. | An attorney was preparing a will for one of her wealthy elderly clients. The client had no surviving family members – her spouse had passed away years before, as had her siblings, and she had no children. The client asked the attorney for suggestions about potential beneficiaries of the estate, besides her favorite cha... | |
2 | 42 | [
"Yes, attorneys cannot include substantial gifts to themselves in legal instruments such as wills prepared by the attorney for the client.",
"Yes, attorneys cannot recommend that a client appoint the attorney as the executor unless the client obtains the advice of independent legal counsel and gives informed cons... | MPRE | No, attorneys may permissibly include gifts to themselves in a will prepared by an attorney for a person related to the attorney, even if the gift is substantial. | A certain attorney, a partner at a law firm, prepares a will for Sister. In the will, Sister directs the attorney to receive a substantial part of her estate. Then the attorney also recommends Sister appoint the attorney as the executor of the will because of his knowledge in this field. The attorney explains to Sister... | |
1 | 43 | [
"Yes, because assuming a lawyer does not solicit the gift, there is no restriction on lawyers accepting unsolicited gifts from clients.",
"Yes, a lawyer may accept a simple gift such as a present given at a holiday or as a token of appreciation.",
"No, a lawyer shall not accept any substantial gift from a clien... | MPRE | Yes, a lawyer may accept a simple gift such as a present given at a holiday or as a token of appreciation. | A certain attorney obtained a successful outcome in a client’s matter, and the client was grateful. The client sent the attorney a gift basket that year as a holiday gift, containing high-quality fresh fruit, sample-size jars of gourmet fruit preserves, and a few other delicacies. The gift basket cost the client $50. I... | |
1 | 44 | [
"Yes, because the fact that the lawyer owns the adjacent real estate to the client’s parcel of land means that he has a special conflict of interest with the client that would not necessarily apply to the other lawyers in the same firm.",
"Yes, because a prohibition on conduct by an individual lawyer under the co... | MPRE | Yes, because a prohibition on conduct by an individual lawyer under the conflicts of interest rules would automatically apply to all lawyers associated in a firm with the personally prohibited lawyer, even if the first lawyer is not personally involved in the representation of the client. | A client hires an attorney to represent her in business litigation. Another lawyer in the firm, unknown to the attorney, approaches the client with a proposal for an unrelated business transaction, the sale of a parcel of real estate adjacent to the lawyer’s own land. The client agrees to sell the other lawyer in the f... | |
1 | 45 | [
"Yes, because the clients gave informed consent, confirmed in writing.",
"Yes, a lawyer may make an agreement with the client to arbitrate legal malpractice claims, provided such agreements are enforceable and the lawyer fully informs the client of the scope and effect of the agreement.",
"No, a lawyer may not ... | MPRE | Yes, a lawyer may make an agreement with the client to arbitrate legal malpractice claims, provided such agreements are enforceable and the lawyer fully informs the client of the scope and effect of the agreement. | An attorney had his own firm specializing in small business transactions. The clients were small business owners who did not have in-house counsel or other legal representation. His representation agreements with clients included all necessary disclosures, fee schedules and rates, and a clause stipulating that all pote... | |
0 | 46 | [
"Yes, the attorney is making an agreement prospectively limiting the lawyer's liability to a client for malpractice, and the client does not have independent representation in making the agreement.",
"Yes, because she did not advise the client in writing about the desirability of seeking independent legal counsel... | MPRE | Yes, the attorney is making an agreement prospectively limiting the lawyer's liability to a client for malpractice, and the client does not have independent representation in making the agreement. | An attorney regularly represented clients in transactional matters. While she was representing a certain client in negotiating and drafting a contract, the client asked the attorney to represent her in a lawsuit as well. The attorney felt nervous because she rarely did litigation work, so she asked the client to sign a... | |
1 | 47 | [
"Yes, because the attorney is representing industry rivals or competitors of his former client and employer, Conglomerate Corporation, without obtaining Conglomerate’s consent.",
"Yes, because the attorney is making an agreement prospectively limiting the lawyer's liability to a client for malpractice, and the cl... | MPRE | Yes, because the attorney is making an agreement prospectively limiting the lawyer's liability to a client for malpractice, and the client does not have independent representation in making the agreement. | An attorney worked in the legal department of Conglomerate Corporation for a few years, then left there to start his own firm. His experience at Conglomerate proved useful, as he regularly represented some of Conglomerate’s newer industry rivals in their transactional and pre-litigation work – small startup businesses ... | |
1 | 48 | [
"Yes, because the plaintiff already had independent representation by counsel, so it was improper for the attorney to attempt to shift all potential liability onto another lawyer.",
"Yes, the attorney made an agreement with an otherwise unrepresented client that prospectively limited his liability for malpractice... | MPRE | Yes, the attorney made an agreement with an otherwise unrepresented client that prospectively limited his liability for malpractice. | A plaintiff who had prevailed at trial needed representation for the appeal, because the defendant in the case appealed the verdict. Plaintiff’s counsel did only trial work, not appellate work, and referred the client to an appellate attorney nearby. The trial lawyer even offered to accompany the plaintiff to the initi... | |
3 | 49 | [
"Yes, because the plaintiff already had independent representation by counsel, so it was improper for the attorney to attempt to shift all potential liability onto another lawyer.",
"Yes, the attorney made an agreement prospectively limiting his liability to a client for malpractice.",
"No, when a lawyer brings... | MPRE | No, the plaintiff already had independent legal counsel in connection to the malpractice waiver. | A plaintiff who had prevailed at trial needed representation for the appeal, because the defendant in the case appealed the verdict. Plaintiff’s counsel did only trial work, not appellate work, and referred the client to an appellate attorney nearby. The trial lawyer even accompanied the plaintiff to the initial consul... | |
3 | 50 | [
"Yes, the attorney has now acquired an impermissible proprietary interest in the cause of action or subject matter of the client’s litigation.",
"Yes, the Model Rules forbid a lawyer to acquire a lien merely to secure the lawyer's fee or expenses.",
"No, if a client refuses to pay the fees that a lawyer has alr... | MPRE | No, a lawyer may acquire and act upon a lien authorized by law to secure the lawyer's fee or expenses. | An experienced attorney had his own solo law practice. The attorney agreed to provide representation to a certain client, which would entail researching and writing several legal opinions for the client pertaining to the client’s anticipated litigation, and the attorney’s usual hourly rate. The proposed research and wr... | |
1 | 51 | [
"Yes, because the items are so expensive, and Ashby used the machine for only a week before it became unusable.",
"Yes, Attorney Stevenson cannot seek to rescind on behalf of a new client a contract drafted on behalf of the former client.",
"No, because Ashby is not seeking any damages besides a refund in excha... | MPRE | Yes, Attorney Stevenson cannot seek to rescind on behalf of a new client a contract drafted on behalf of the former client. | Attorney Stevenson did not know anything about the construction industry, but he thought he knew how to draft contracts. Giant Equipment Corporation manufactures cranes, bulldozers, and large backhoes used for building construction. These machines are pricey. Twenty-seven months ago, the manufacturer hired Attorney Ste... | |
3 | 52 | [
"Yes, because both matters involve the same commercial real estate property, so the matters have a substantial factual relationship, creating a presumption that Attorney Stevenson has confidential information that would be prejudicial to the opposing party in the new matter.",
"Yes, because the lawyer now represe... | MPRE | No, the matters are not related enough, because they do not involve the same transaction or legal dispute, and any confidential information learned while obtaining the construction permits prior would be unimportant for the nonpayment of rent by a tenant sometime later. | Attorney Stevenson was willing to represent anyone, and rarely turned clients away. In fact, Attorney Stevenson would push the permissible limits under the conflicts of interest rules. At one point, Stevenson helped a construction company obtain the necessary permits from federal, state, and municipal agencies for cons... | |
1 | 53 | [
"The court should grant it because the codefendant in the case, the hospital, was a former client of the attorney.",
"The court should deny it because the government has not met its burden of showing that the attorney would be a necessary witness in the case, or that he possessed confidential information about th... | MPRE | The court should deny it because the government has not met its burden of showing that the attorney would be a necessary witness in the case, or that he possessed confidential information about the other doctor who will serve as a hostile witness in the case. | A doctor was facing criminal charges for an illegal kickback scheme – accepting bribes to refer patients to a certain hospital. The attorney representing the doctor in the criminal matter previously represented the hospital, and he had drafted one of the contractual agreements between the doctor and the hospital that f... | |
0 | 54 | [
"Yes, because they obtained confidential information during the negotiations in the same matter, or a matter with significant overlap.",
"Yes, but only if the lawyers at Three Brothers Firm advised the sports bar to abandon the tentative settlement agreement.",
"No, because the attorneys are blood relatives wor... | MPRE | Yes, because they obtained confidential information during the negotiations in the same matter, or a matter with significant overlap. | Media Company holds the exclusive right to license and distribute certain pay-per-view sporting events, which commercial establishments must license to broadcast at their facilities. It sued a sports bar, for broadcasting one of its major sporting events without a license. The Three Brothers Law Firm were involved befo... | |
2 | 55 | [
"Yes, because resolving disputes with a government entity involves numerous procedural protections and administrative burdens of proof that are inapplicable in divorce proceedings in Family Court.",
"Yes, because the attorney’s representation of Businesswoman terminated at the resolution of the tax matter, so the... | MPRE | No, matters are "substantially related" if there is a substantial risk that confidential information from the prior representation would materially advance the client's position in the subsequent matter, such as personal financial information. | A business person hired a certain attorney to represent her in a tax dispute with the government, in which the government accused her of hiding assets in overseas accounts and failing to report income from certain obscure investments. During this representation, the attorney learned extensive private financial informat... | |
3 | 56 | [
"Yes, because the “taint” that the attorney brings from being part of a firm disqualified from the matter will now be imputable to the other lawyers in the new firm, without adequate screening measures in place.",
"Yes, unless the opposing party gives informed consent, confirmed in writing, to the new firm’s repr... | MPRE | No, there is no doctrine of double-imputation that would impute a purely imputed conflict from the attorney onto the other lawyers in the new firm. | An attorney worked at Big Firm, which a court disqualified from representing a client in a case because one of the other lawyers at the firm had a conflict of interest regarding a former client, and this conflict was imputable to the entire firm. The firm was not timely in implementing screening measures and became sub... | |
1 | 57 | [
"Yes, because it was misleading advertising for a firm in one state to identify a separate firm in another state as “affiliated,” as this creates the impression for potential clients that the lawyers from one firm are also employees of the other.",
"Yes, because separate firms that publicly identify themselves as... | MPRE | Yes, because separate firms that publicly identify themselves as “affiliated,” even if they are located several states away from each other, count as the same firm for purposes of imputed conflicts of interest under Rule 1.10. | A thirty-lawyer firm in Chicago affiliated with Boutique Firm, three lawyers in a small city in New England. Each firm includes, on its masthead under the list of its own lawyers, the affiliation of the other firm (with its lawyers each named). Each firm also mentions the affiliation with the other in its Martindale-Hu... | |
2 | 58 | [
"Yes, if the client consents to the potential conflict of interest.",
"Yes, because there is no conflict of interest if the appellate attorney’s own conduct is not in question.",
"No, because under the legal standard for ineffective assistance of counsel, the appeal would potentially require the attorney to dis... | MPRE | No, because under the legal standard for ineffective assistance of counsel, the appeal would potentially require the attorney to disparage the representation of his own colleague as being unreasonably poor. | A jury convicted a defendant of murder, and they sentenced him to death. His lawyer at trial was unimpressive, and there were potential points to raise in an ineffective assistance of counsel appeal. For his appeal, the defendant used a different attorney from the same firm as his trial lawyer - one of the lawyers at t... | |
2 | 59 | [
"The court should deny the motion, if no client-lawyer relationship formed between the attorney and the heir who is now requesting the disqualification.",
"The court should deny the motion, if the attorney who had the confidential information is not participating at all in the estate matter.",
"The court should... | MPRE | The court should grant the motion, because lawyers have some ongoing duties of confidentiality toward prospective clients, even after declining the representation, and the other lawyer has a conflict of interest by imputation. | A potential client sought representation from an attorney in a legal dispute over the inheritance rights in an estate matter. The attorney was indecisive, because the estate was extremely complicated, so he met with the client several times over the next few months, trying to understand the intricacies of the will, the... | |
0 | 60 | [
"Yes, because the partner’s conflict of interest would impute to all the other lawyers in the firm, especially if the managing partner has the conflict and associates are handling the representation with his permission.",
"Yes, because the motivation of the partner and the associate is to generate legal fees for ... | MPRE | Yes, because the partner’s conflict of interest would impute to all the other lawyers in the firm, especially if the managing partner has the conflict and associates are handling the representation with his permission. | An associate in a law firm consulted with a prospective client about providing legal representation. The prospective client wanted to file a lawsuit against a nightclub. A fistfight had erupted at the nightclub between two other patrons, and the potential client had intervened to try to break it up. One of the fighting... | |
2 | 61 | [
"Yes, because personal conflicts of interest automatically impute to the other lawyers at the same firm.",
"Yes, because conflicts based on marriage or family relationships receive special scrutiny from the courts and are the most frequent basis for disqualification.",
"No, because a conflict arising from a law... | MPRE | No, because a conflict arising from a lawyer’s marriage to another lawyer at an opposing law firm does not necessarily impute to all other lawyers in the firm. | Alpha Firm and Beta Firm represent the two parties in a high-stakes commercial transaction – the sale of a subsidiary corporation from one large, international conglomerate to the other. An attorney at Alpha Firm is married to a lawyer at Beta firm, but the spouse at Beta Firm is not involved in the representation. If ... | |
3 | 62 | [
"Yes, because one lawyer’s conflict of interest applies by imputation to all other lawyers at the firm, and an affiliated firm is functionally the same firm for purposes of conflicts analysis.",
"Yes, because obviously the representation of the new client and the patent infringer by the respective firms in the ne... | MPRE | No, because the fact that Xavier Firm and Yankee firm represent opposing clients in a different, unrelated matter would not prevent their affiliation in the patent matter. | Xavier Firm is about to file a patent-infringement action on behalf of a new client against an alleged infringer (the opposing party). Xavier Firm has no patent lawyers in its office, so it affiliates with Yankee Firm, which specializes in patent and trademark law, to handle the representation. Yankee Firm has had no c... | |
0 | 63 | [
"Neither Attorney Ames nor any other member of Company's corporate legal office may represent Company without obtaining Stevenson’ informed consent.",
"Attorney Adams can screen himself from the matter, and then Attorney Ames can represent Risk Company as in-house counsel in appearances before the agency official... | MPRE | Neither Attorney Ames nor any other member of Company's corporate legal office may represent Company without obtaining Stevenson’ informed consent. | Attorney Ames and Attorney Adams work in the corporate legal office of Risk Company. A federal regulatory agency is investigating of the activities of Risk Company and is deciding whether to initiate criminal charges against Risk Company, some of its employees, or both. The regulatory agency has a long-established prac... | |
1 | 64 | [
"The new attorney, or any other lawyer in the prosecutor’s office, could proceed with the prosecution, because there an exception in the conflict of interest rules for prosecutors.",
"The office must either hire a special prosecutor for the case, borrow a prosecutor from a neighboring jurisdiction, or implement e... | MPRE | The office must either hire a special prosecutor for the case, borrow a prosecutor from a neighboring jurisdiction, or implement effective screening measures to exclude the new attorney from the prosecution. | An Assistant District Attorney, who has recently joined a county prosecutor's office, represented a defendant at a preliminary hearing in a pending criminal case while in private practice. Now that this attorney has joined the prosecutor’s office, how can the office proceed with the prosecution of the same defendant? | |
3 | 65 | [
"No, because Lawyer Best worked on the same matter, so his conflict of interest applies by imputation to all the lawyers who worked with him at ABC firm.",
"No, unless Conglomerate gives informed consent, in writing, to the potential conflict of interest that arose from having Lawyer Best at the firm until recent... | MPRE | Attorney Stevenson is a partner in ABC law firm, and Lawyer Best formerly was a partner. A new client has sought to retain Attorney Stevenson to file suit on behalf of the client against Conglomerate Corporation. Before joining the ABC firm, Lawyer Best had represented Conglomerate Corporation at an earlier stage of th... | ||
2 | 66 | [
"Boutique Firm cannot avoid imputation of the attorney’s conflict of interest because it should have known about the attorney’s prior work before it hired him, and the matter is, in substance, the same as the matter the attorney worked on a Big Firm.",
"If Boutique Firm immediately terminates the attorney and for... | MPRE | At most, Boutique Firm would need to screen the attorney from the matter and have other lawyers represent the Developer, but even this may be unnecessary, because the attorney learned no confidential information about Big Bank at his previous firm. | An attorney was an associate at Big Firm. In his first year there, as a recent law school graduate, the attorney had a twenty-minute conversation with a more senior associate about research strategies involving a narrow issue of venue in federal court. The research was part of the representation of Big Bank, in the cas... | |
3 | 67 | [
"No, because Big Firm complied with the screening requirements of the Model Rules, and it was unreasonable for the bank to require more screening procedures than those delineated in the Model Rules.",
"No, because Big Bank consented to the conflict of interest, and it was not Big Firm’s fault that it took a long ... | MPRE | Yes, a client's informed consent to a conflict can be qualified or conditional, as here, and Big Firm violated the client’s condition, so it did not have valid consent to the conflict. | Big Bank hired Big Firm to represent it in a matter against Developer. Big Firm’s partners explained to Big Bank before commencing the representation that they had hired an associate who previously worked for the firm that was representing Developer, and that he had worked on various matters for Developer while there. ... | |
1 | 68 | [
"Boutique Firm cannot represent the defendant in the case because an attorney there learned confidential information from the opposing party as a prospective client during an initial consultation two months ago, and it would be subject to disqualification if it handled the litigation.",
"The other lawyer at Bouti... | MPRE | The other lawyer at Boutique Firm can represent the defendant in the matter if the first attorney has not disclosed any confidential information to others in the firm, and the firm carefully screens the attorney completely from the matter and provides written notice to the other party. | A prospective client met with an attorney at Boutique Firm for an initial consultation about a personal injury lawsuit over injuries the prospective client had sustained. The attorney declined the representation because he thought the client’s case was unwinnable and would therefore generate no fees. During the consult... | |
1 | 69 | [
"The other lawyer at Boutique Firm can represent the defendant in the matter if the first attorney has not disclosed any confidential information to others in the firm, and he does not in fact disclose any confidential information the attorney learned during the consultation.",
"Boutique Firm cannot represent the... | MPRE | Boutique Firm cannot represent the defendant in the case because an attorney there learned confidential information from the opposing party as a prospective client during an initial consultation two months ago, unless Boutique Firm obtains informed consent in writing from both the defendant and the opposing party, who ... | A prospective client met with an attorney at Boutique Firm for an initial consultation about a personal injury lawsuit over injuries the prospective client had sustained. The attorney declined the representation because he thought the client’s case was unwinnable and would therefore generate no fees. During the consult... | |
0 | 70 | [
"It should reverse the disqualification order because the imputed conflict of interest disappeared when the attorney left Big Firm to work for Regional Cancer Center, given that the attorney knew no confidential information about MindGames.",
"It should reverse the disqualification because so much time has elapse... | MPRE | It should reverse the disqualification order because the imputed conflict of interest disappeared when the attorney left Big Firm to work for Regional Cancer Center, given that the attorney knew no confidential information about MindGames. | An attorney was an associate in Big Firm for eighteen months from early 2003 to late 2004. Another lawyer at Big Firm had been representing MindGames Inc., a creditor in the bankruptcy proceeding of Education Support International since 1999. The associate left Big Firm in 2004 to work for Regional Cancer Center as gen... | |
2 | 71 | [
"Yes, because there is an irrebuttable presumption that an attorney from another firm with confidential information will share that information with other lawyers at his new firm.",
"Yes, because the case involves a class action, where courts are particularly sensitive to the problems of confidential information ... | MPRE | No, because the firm avoided imputation of the conflict by implementing effective screening measures, and the fact that the lawyer was geographically in another office, and has already departed to work elsewhere, also support denying the motion. | The plaintiffs’ lawyers in a large class action suit against an insurer contacted an attorney at another firm seeking some advice. The attorney they called was a former commissioner with the state Insurance Commission, so he had vast insider knowledge of the regulation of the insurance industry in that state. The attor... | |
3 | 72 | [
"Yes, if the chairperson honors her promise to abstain from voting or even participating in the debate about the police union proposal.",
"Yes, the police union is not the client of the chairperson of the city council.",
"No, because some of the other city council members are already supporting the police union... | MPRE | No, due to imputation of the chairperson’s conflict of interest to her law firm partner. | A large municipality has a labor dispute with its police union. The chairperson of the city council is a lawyer – she works for the city council part time, and she also has a law partnership with one other lawyer. As chairperson of the city council, she has the final word on which items will be on the council’s agenda ... | |
3 | 73 | [
"No, because the named partner at the firm has a material limitation that creates a conflict of interest that would be imputed to the rest of the lawyers at the firm.",
"No, because the lawyers at the firm hold opposing political beliefs on a matter that is material to the representation, and this disagreement cr... | MPRE | Yes, because even though Attorney McCorvey could not effectively represent the client due to her political beliefs, this would not materially limit the representation by the associate at the firm. | A local abortion clinic hires the McCorvey Law Firm to represent it in an enforcement action brought by a state health agency. The action pertains to alleged health code violations at the clinic. The firm’s principle partner, Norma McCorvey, has strong, outspoken political beliefs against abortion, and cannot set aside... | |
0 | 74 | [
"The court will disqualify the attorney from serving as defense counsel because she had participated in the matter personally and in a substantial way as a prosecutor.",
"The court will disqualify both her and the prosecutor from the case, as they were colleagues when she participated in the matter personally and... | MPRE | The court will disqualify the attorney from serving as defense counsel because she had participated in the matter personally and in a substantial way as a prosecutor. | An attorney worked as a prosecutor in a local district attorney’s office. A month before leaving there to go into private practice, she briefly worked on a case in which applied for the search warrants for the police to try to locate a fugitive suspect. When the police apprehended the fugitive a few weeks later, anothe... | |
3 | 75 | [
"Yes, the Model Rules prohibit lawyers representing the government from simultaneously representing a private party in the same matter, even with consent from the would-be clients.",
"Yes, because the private party’s interests are purely financial, while the state’s interests involve a balancing of various compet... | MPRE | No, after obtaining the necessary written consent, the attorney may represent both the private party and a government agency. | Conglomerate Corporation spilled a large quantity of toxic sludge along the edge of its property, and spillage polluting two adjacent properties, one parcel owned by a private individual, and the adjoining parcel that was state-owned. The subdivision of the state that owned the polluted parcel agreed with the private l... | |
0 | 76 | [
"Yes, when a lawyer is employed by a city and subsequently is employed by a federal agency, the latter agency does not have to screen the lawyer.",
"Yes, the EPA can always assert federal preemption over a municipality if a conflict arises in litigation.",
"No, because the attorney may know confidential governm... | MPRE | Yes, when a lawyer is employed by a city and subsequently is employed by a federal agency, the latter agency does not have to screen the lawyer. | After law school, an attorney worked for the local City Attorney’s office in a mid-sized municipality, working mostly on enforcement of anti-pollution and anti-littering ordinances. After five years, the attorney left the position at the municipality and went to work for the federal Environmental Protection Agency (EPA... | |
0 | 77 | [
"Yes, the attorney had access to confidential government information from his time working for the state.",
"Yes, a former government lawyer cannot represent any clients against the same state entity for whom the lawyer once worked.",
"No, there is no conflict because the lawyer did not participate directly or ... | MPRE | Yes, the attorney had access to confidential government information from his time working for the state. | The Office of the Attorney General in Texas ordered administrative suspensions of driver's licenses for parents who failed to pay child support, pursuant to state statutes. An attorney worked for the State Office of Administrative Hearings (SOAH), the agency that adjudicated license suspensions like this one. When he d... | |
3 | 78 | [
"Yes, because Comment to the Model Rules contains a specific exception to the prohibition on contingent fess in divorce and custody cases, allowing contingent fee representation for enforcement of existing child support orders.",
"Yes, because the attorney will not be deciding the enforcement case as a judge, and... | MPRE | No, because the attorney would be representing a party in seeking enforcement of his own order from his time on the bench. | A certain state has specialized family courts that handle divorces, child custody, child removal cases brought by state social service agencies, and spousal or child support enforcement. An unmarried couple had split up but they had two children, and the family court judge awarded custody of the children to the single ... | |
2 | 79 | [
"Yes, the fact that the judge sent recommendation letters for the clerk to these firms constituted an ex parte contact by the judge and the clerk.",
"Yes, interviewing with firms that have pending matters before the judge, and where this fact was the subject of a comment or discussion in the interview, constitute... | MPRE | No, a law clerk to a judge may negotiate for employment with a party or lawyer, even if the prospective employer is involved in a matter in which the clerk is participating personally, after the lawyer has notified the judge. | A federal judge hired clerk for the first two years after the clerk graduated from law school. During his second year as a clerk, he began applying for associate positions at local law firms, to secure a job that would begin immediately after his clerkship ended. A few of the firms to which he applied had pending matte... | |
1 | 80 | [
"Yes, interviewing with firms that have pending matters before the judge, and where this fact was the subject of a comment or discussion in the interview, constituted an ex parte contact by the judicial clerk with a party in a litigation matter.",
"Yes, the fact that the judge did not have notice of where the cle... | MPRE | Yes, the fact that the judge did not have notice of where the clerk applied, or which firms were interviewing the clerk. | A federal judge hired clerk for the first two years after the clerk graduated from law school. During his second year as a clerk, he began applying for associate positions at local law firms, to secure a job that would begin immediately after his clerkship ended. A few of the firms to which he applied had pending matte... | |
0 | 81 | [
"Yes, as it appears all parties to the proceeding gave informed consent, confirmed in writing.",
"Yes, a mediator or arbitrator selected as a partisan of a party in a multimember arbitration panel may subsequently represent that party.",
"No, a lawyer who served as a mediator may not represent a client in a mat... | MPRE | Yes, as it appears all parties to the proceeding gave informed consent, confirmed in writing. | An attorney served for several years as a professional mediator. She decided to change careers and become a litigator, and one of the parties from her final mediation sought to retain her as their attorney in a matter closely related to the subject of the litigation. The other party, which already had legal representat... | |
1 | 82 | [
"Yes, the judge should not have talked to the two lawyers together, because if one of them immediately offers the judge a job at his firm, the other will also feel compelled to do so, may even feel it necessary to offer a higher salary than the first.",
"Yes, under the Model Rules, a lawyer shall not negotiate fo... | MPRE | Yes, under the Model Rules, a lawyer shall not negotiate for employment with any person who is involved as a party or as lawyer for a party in a matter in which the lawyer is participating as a judge personally and in a substantial way. | During a trial recess, the judge asked the lawyers for both parties to meet with him briefly in chambers. Once there, the judge explained that he planned to retire from the bench soon and was wondering if either of their firms were hiring litigation attorneys, as he might be interested. Could the judge be subject to di... | |
3 | 83 | [
"Yes, sentencing municipal defendants to probation is merely an administrative matter that would not necessitate the disqualification of a former judge who later represents the same individuals in seeking to end their probationary terms.",
"Yes, filing a motion to end probation early due to good behavior is not t... | MPRE | No, a lawyer who served as a judge may not represent a client in a matter in which the lawyer had personal and substantial involvement. In re Moncus, 733 S.E.2d 330 (Ga. 2012) | An attorney served for a while as a municipal court judge, and during that time, she sentenced certain defendants facing criminal charges to terms of probation. Eventually the judge left the court and returned to private practice. Once settled in her new practice, three prospective clients sought to hire her to file mo... | |
2 | 84 | [
"The court should deny the motion because the moving party already consented to the conflict by choosing not to oppose the motion to substitute counsel.",
"The court should deny the motion because the former appellate judge had merely affirmed some trial orders in the ancillary probate matter, so there is no actu... | MPRE | The court should grant the motion as the matters related to each other, and the moving party did not have adequate notice about the conflict to give informed consent. | An attorney served for several years as an appellate court judge. At one point, the judge was on a panel that affirmed two trial orders in an ancillary probate proceeding. Soon thereafter, the attorney left the appellate court and returned to private practice at Boutique Firm. The larger probate matter was still draggi... | |
1 | 85 | [
"Yes, the signed express written disclaimer functions as a contractual agreement that no lawyer-client relationship exists.",
"No, the lawyer is reviewing court documents and providing legal advice about pending legal proceedings, which constitutes the practice of law by the lawyer, even if the representation has... | MPRE | No, the lawyer is reviewing court documents and providing legal advice about pending legal proceedings, which constitutes the practice of law by the lawyer, even if the representation has a limited scope. | An attorney grew up in poverty but worked hard to overcome obstacles and achieve success. Now a successful practitioner, the attorney is idealistic and passionate about helping the less fortunate. Every Saturday morning, he uses a small conference room at the local YMCA to assist pro se litigants in divorce and custody... | |
0 | 86 | [
"Yes, because a lawyer may take whatever actions the client has impliedly authorized as part of the representation.",
"Yes, unless the client is an English teacher or a professional editor and might therefore have special expertise in proofreading texts for grammatical errors and stylistic problems.",
"No, beca... | MPRE | Yes, because a lawyer may take whatever actions the client has impliedly authorized as part of the representation. | A client hired a certain attorney to represent her in a personal injury lawsuit in which the client is the plaintiff. After an initial consultation and two meetings to review the main evidence in case and to discuss the nature of the claims, the attorney drafted the initial pleadings, served the opposing party, and fil... | |
3 | 87 | [
"Yes, because the attorney did not win the case on behalf of this client, so justice prevailed in the end, as this client advocates intolerance of others in our society.",
"No, because the attorney has a duty under the Rules of Professional Conduct to refuse representation of a client if he cannot endorse the cli... | MPRE | Yes, because a lawyer's representation of a client does not constitute an endorsement of the client's political, economic, social, or moral views or activities. | Client is the leader of a radical religious group that protests at the funerals of soldiers who died tragic combat deaths overseas. The protests are not against the war, however, but against society’s increasing tolerance of homosexuality and gay marriage. The client and his followers stand outside the funerals as grie... | |
1 | 88 | [
"Yes, because clients have a right to dictate the overall objectives of the representation, but the lawyer has a right to decide the means of achieving that objective.",
"Yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer.",
... | MPRE | Yes, because the client has previously indicated that the proposal will be unacceptable and has authorized the lawyer to reject the offer. | A certain defendant was indigent and received court-appointed defense counsel in his felony larceny case. The defendant insisted that he was completely innocent and that he would not accept any plea bargains, because he wanted an opportunity to prove his innocence at trial. When the defendant told the attorney his expe... | |
3 | 89 | [
"Yes, because the appeals are clearly a waste of public resources in a case where the defendant will die anyway before the appeals process would be complete.",
"No, because filing appeals is merely a matter of strategy and methods, and lawyers do not have to defer to the client about strategy and methods.",
"No... | MPRE | Yes, because a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as to how to pursue these ends. | A certain attorney represents a defendant in a murder case. At trial, the jury convicted the client and sentenced him to death, and the appellate courts upheld the conviction as well as the sentence. The attorney has now offered to file a habeas corpus petition in federal court to appeal the case to the United States S... | |
1 | 90 | [
"Yes, because the lawyer was clearly incompetent or negligent if he lost the trial even without the prosecutor having the photographs or the prostitute’s testimony to admit as evidence.",
"Yes, because a lawyer shall not assist a client in conduct that the lawyer knows is criminal or fraudulent, such as destroyin... | MPRE | Yes, because a lawyer shall not assist a client in conduct that the lawyer knows is criminal or fraudulent, such as destroying evidence when there is a pending criminal investigation. | An attorney represents criminal defendants. One day, a client appeared in the attorney’s office and explained that he had been blackmailing his former employer for the last year. The client had hired a prostitute to seduce the former employer in a room with hidden cameras, then showed the embarrassing photographs to hi... | |
0 | 91 | [
"Yes, because given the complexity of the subject and the uncertainty about this certain point of law, two hours was not a reasonable amount of time to yield advice upon which the client could rely.",
"Yes, because the other artists have a right to receive compensation for their creative work, and the attorney is... | MPRE | Yes, because given the complexity of the subject and the uncertainty about this certain point of law, two hours was not a reasonable amount of time to yield advice upon which the client could rely. | A client hired an attorney to research the legality of a musical “mash-up,” a sound recording that includes brief sound clips and samples from many other artists’ commercial recordings. The client’s unique approach puts it in the gray area around “fair use” and “composite works of art” under prevailing copyright law, a... |
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