MPRE Advocacy 2

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?

Accepted Answer

Take reasonable remedial measures, including disclosure to the tribunal if necessary

Answer

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)?

Accepted Answer

Promptly disclose the new evidence to the defendant

Answer

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?

Accepted Answer

Both Rule 3.1 and Rule 3.4

Answer

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?

Accepted Answer

Refuse to call the witness and take steps to prevent the perjury

Answer

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?

Accepted Answer

Rule 3.5, which restricts post-verdict communication with jurors who have expressed unwillingness to communicate

Answer

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.

MPRE Practice Test

MPRE Practice Test

MPRE Advocacy 2