MPRE Advocacy 2 — Questions and Answers
Question 1: During trial, an attorney learns that her client has offered false testimony. The client refuses to correct it. Under Rule 3.3, what must the attorney do?
- Keep the client's confidence and take no action
- Withdraw from representation immediately without informing the court
- Take reasonable remedial measures, including disclosure to the tribunal if necessary (Correct answer)
- Seek a mistrial on procedural grounds to avoid addressing the perjury
Correct answer: Take reasonable remedial measures, including disclosure to the tribunal if necessary
Rule 3.3(b) requires a lawyer to take reasonable remedial measures when a client has offered false material evidence, including disclosure to the tribunal if the client refuses to correct it.
Question 2: A prosecutor discovers exculpatory DNA evidence after a defendant has been convicted. The defendant is still serving his sentence. What is the prosecutor's obligation under Rule 3.8(d)?
- No obligation exists once conviction is final
- Disclose the evidence to the defendant only if the defendant requests it
- Promptly disclose the new evidence to the defendant (Correct answer)
- Refer the matter to the state bar for guidance before taking any action
Correct answer: Promptly disclose the new evidence to the defendant
Rule 3.8(d) requires a prosecutor who knows of new, credible, and material evidence creating a reasonable likelihood of wrongful conviction to promptly disclose it to the defendant.
Question 3: An attorney files a motion that has no legal merit but is filed solely to delay proceedings and inconvenience opposing counsel. This violates which rule?
- Rule 3.2 only, because it fails to expedite litigation
- Rule 3.4 only, because it is unfair to opposing counsel
- Both Rule 3.1 and Rule 3.4 (Correct answer)
- Neither rule, because the attorney owes a duty of zealous advocacy
Correct answer: Both Rule 3.1 and Rule 3.4
Filing meritless motions violates Rule 3.1 (meritorious claims) and Rule 3.4(d) (prohibiting frivolous tactics that delay or burden the opposing party).
Question 4: A defense attorney in a criminal case wants to call a witness she knows will perjure herself to provide her client an alibi. What must the attorney do?
- Call the witness because zealous defense requires presenting all available evidence
- Refuse to call the witness and take steps to prevent the perjury (Correct answer)
- Call the witness but ask only open-ended questions to avoid suborning perjury
- Inform the prosecutor before trial so opposing counsel can impeach the witness
Correct answer: Refuse to call the witness and take steps to prevent the perjury
Under Rule 3.3, an attorney must not knowingly offer false evidence and must refuse to call a witness the lawyer knows will commit perjury.
Question 5: An attorney sends a letter to a juror after a verdict thanking the juror for service and asking about the juror's experience during deliberations. This conduct violates which rule?
- Rule 3.5, which restricts post-verdict communication with jurors who have expressed unwillingness to communicate (Correct answer)
- Rule 3.5, but only if the attorney asks about specific deliberation details
- No rule, because post-verdict contact with jurors is freely permitted
- Rule 3.6, because it constitutes improper trial publicity
Correct answer: Rule 3.5, which restricts post-verdict communication with jurors who have expressed unwillingness to communicate
Rule 3.5(c) prohibits post-verdict communication with a juror if the juror has made known a desire not to communicate or if the communication involves misrepresentation, coercion, or harassment.
Question 6: During closing argument, a prosecutor vouches for the credibility of a key witness by stating, 'I personally know this officer never lies.' This conduct:
- Is permissible because prosecutors may comment on witness credibility
- Violates Rule 3.4(e) as an improper personal opinion about witness credibility (Correct answer)
- Is permissible only if the prosecutor has personal knowledge of the officer's reputation
- Violates Rule 3.8 as a special prosecution obligation
Correct answer: Violates Rule 3.4(e) as an improper personal opinion about witness credibility
Rule 3.4(e) prohibits a lawyer from asserting a personal opinion about the credibility of a witness during trial.
Question 7: A lawyer is both a necessary witness and an advocate in a civil case. Under Rule 3.7, which of the following is most accurate?
- The lawyer may serve as both advocate and witness in all circumstances
- The lawyer must withdraw as advocate but may continue as witness
- The lawyer is generally prohibited from acting as advocate and must withdraw unless an exception applies (Correct answer)
- The lawyer may continue if the client gives informed consent
Correct answer: The lawyer is generally prohibited from acting as advocate and must withdraw unless an exception applies
Rule 3.7(a) generally prohibits a lawyer from acting as advocate at a trial where the lawyer is likely to be a necessary witness, subject to three narrow exceptions.
MPRE Advocacy 2
During trial, an attorney learns that her client has offered false testimony.
The client refuses to correct it.
Under Rule 3.3, what must the attorney do?