Law Firms 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 Law Firms flashcards as text
A law firm discovers that a contract attorney it hired failed to disclose a prior disciplinary suspension when applying. The firm continued using the attorney for six months. Under the Model Rules, the firm:
Answer: May be responsible for the attorney's conduct under supervisory rules
Under Rule 5.1, firms are responsible for establishing systems to ensure all lawyers comply with ethical rules, including verifying credentials.
A law firm represents a defendant in litigation while a different partner at the same firm simultaneously represents the plaintiff in an unrelated matter. This situation:
Answer: Creates a conflict that must be analyzed under Rule 1.7
Under Rule 1.10, conflicts of interest are imputed across all lawyers in a firm, so representing adverse parties in any matters triggers conflict analysis.
A law firm instructs its associates to always recommend mediation to clients before filing suit, primarily because the firm owns a stake in a local mediation company. This practice:
Answer: Requires disclosure to clients as a business interest that could affect advice
Rule 1.7 and 1.8 require disclosure when an attorney has a personal financial interest that could materially limit independent judgment.
A law firm hires a former prosecutor who handled a major drug case. The prosecutor is now 'screened' from the firm's current representation of the drug defendant. Under the Model Rules:
Answer: Timely screening may allow the firm to continue the representation
Rule 1.11 permits timely screening of former government lawyers to allow a firm to continue representing the opposing party.
A law firm partner retires and joins a competing firm. The second firm now represents clients whose interests are adverse to clients of the first firm. The first firm should:
Answer: Determine if imputed conflict rules and screening apply to the departed partner's knowledge
Rule 1.9 governs duties to former clients, and the firm must analyze what confidential information the retired partner possessed.
An attorney's law firm dissolves. Which of the following is the attorney's PRIMARY obligation regarding pending client matters?
Answer: To give clients sufficient notice to obtain other counsel
When a firm dissolves, the paramount duty is to protect clients by providing adequate notice so they can find replacement counsel.
A law firm's partnership agreement requires departing partners to forfeit deferred compensation if they take clients with them when they leave. Under the Model Rules, this agreement is:
Answer: Void because it restricts a lawyer's right to practice after departure
Rule 5.6 prohibits agreements that restrict a lawyer's right to practice after leaving a firm, including financial penalties that effectively discourage competition.