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 large law firm operates a legal staffing subsidiary that places contract attorneys with other firms. The subsidiary is wholly owned by the law firm. Under the Model Rules, this arrangement:
Answer: Requires compliance with rules on non-lawyer assistance and fee splitting
Rule 5.4 and 5.7 require that ancillary business services comply with rules on fee splitting, supervision, and non-interference with professional judgment.
A law firm partner seeks to settle a malpractice claim with a former client by offering compensation conditioned on the client not reporting the misconduct to the bar. This condition:
Answer: Is prohibited because it restricts reporting of professional misconduct
Rule 8.4 and 8.3 principles prohibit conditioning settlements on a client's agreement to refrain from reporting professional misconduct.
An attorney at a large firm is asked by a senior partner to alter the dates on documents in a client's file to make them appear to have been created earlier. The attorney should:
Answer: Refuse and take steps to prevent or mitigate the harm
Rule 5.2 states that a subordinate attorney must not follow instructions that constitute a clear ethical violation such as document falsification.
A law firm that practices exclusively immigration law wants to call itself 'The Immigration Law Specialists.' Under the Model Rules, this name:
Answer: May only be used if each attorney at the firm is certified as a specialist by an approved organization
Rule 7.4 restricts use of 'specialist' terminology to lawyers certified by an organization approved by the state bar.
A law firm employs a suspended attorney as a paralegal during the attorney's suspension period. Under the Model Rules, this arrangement:
Answer: May be permissible if the suspended attorney is supervised and performs only non-legal tasks
A suspended attorney may work in a law firm in a non-legal capacity only under adequate supervision that prevents unauthorized practice of law.
A law firm's retainer agreement includes a clause stating: 'Client waives the right to file any bar complaint arising from this representation.' This clause is:
Answer: Void and unenforceable as contrary to public policy
Agreements that prospectively waive a client's right to report misconduct are void as against public policy under professional conduct rules.
A law firm partner wants to use a client's name in firm marketing materials as a reference without the client's authorization. Under the Model Rules, this practice:
Answer: Violates the duty of confidentiality even if the representation is common knowledge
Rule 1.6 prohibits disclosing information relating to a client's representation, including using a client's name for marketing, without consent.