Advocacy Flashcards
7 cards from real MPRE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Advocacy flashcards as text
A lawyer's client admits during trial preparation that she fabricated a key document that is now in evidence. The client refuses to correct the record. What is the lawyer's FIRST obligation?
Answer: Counsel the client on the consequences and urge her to correct the false evidence
Under Rule 3.3, before taking other remedial measures, the attorney must first remonstrate with the client and urge correction of the false evidence.
During voir dire, a juror reveals she has strong opinions about the type of case being tried but claims she can be impartial. The attorney believes the juror cannot be fair. Under Rule 3.5, the attorney may:
Answer: Challenge the juror for cause or use a peremptory challenge during voir dire
Rule 3.5 prohibits improper communication with jurors, but the proper mechanism for addressing juror bias is through challenges during the voir dire process.
An attorney knows that a legal precedent directly adverse to her client's position exists in the controlling jurisdiction but opposing counsel has not cited it. Under Rule 3.3(a)(2), the attorney must:
Answer: Disclose the adverse authority to the tribunal
Rule 3.3(a)(2) requires a lawyer to disclose directly adverse controlling legal authority to the tribunal even if opposing counsel has not cited it.
Which of the following is a permissible method of witness preparation under Rule 3.4?
Answer: Reviewing anticipated questions and helping the witness organize truthful recollections
Rule 3.4 permits attorneys to prepare witnesses by reviewing anticipated questions and helping them organize their truthful recollections, but prohibits coaching false testimony.
An attorney files a civil complaint without adequate factual investigation, believing the facts supporting the claim 'will probably come out in discovery.' Under Rule 3.1, this conduct is:
Answer: Impermissible because the attorney must have a non-frivolous basis before filing
Rule 3.1 requires lawyers to have a non-frivolous basis for all claims before filing; hoping discovery will supply missing facts does not satisfy this requirement.
A defense attorney in a criminal case wants to present the 'narrative' approach because her client insists on testifying but she knows the testimony is false. Under the Model Rules, the attorney should:
Answer: Allow the narrative only if the jurisdiction's rules expressly permit it and she does not vouch for its truth
Some jurisdictions permit the narrative approach for defendant perjury as a compromise, but it is only permissible where allowed by local rules and the attorney must not vouch for the testimony.
Under Rule 3.8, a prosecutor who knows before trial that a defendant is not legally competent to stand trial must:
Answer: Disclose the information to the defense and seek a competency evaluation
Rule 3.8 requires prosecutors to make reasonable efforts to ensure defendants have been advised of their rights, which includes not knowingly prosecuting an incompetent defendant.