MPRE Advocacy 4

Question 1

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?

Accepted Answer

Counsel the client on the consequences and urge her to correct the false evidence

Answer

Under Rule 3.3, before taking other remedial measures, the attorney must first remonstrate with the client and urge correction of the false evidence.

Question 2

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:

Accepted Answer

Challenge the juror for cause or use a peremptory challenge during voir dire

Answer

Rule 3.5 prohibits improper communication with jurors, but the proper mechanism for addressing juror bias is through challenges during the voir dire process.

Question 3

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:

Accepted Answer

Disclose the adverse authority to the tribunal

Answer

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.

Question 4

Which of the following is a permissible method of witness preparation under Rule 3.4?

Accepted Answer

Reviewing anticipated questions and helping the witness organize truthful recollections

Answer

Rule 3.4 permits attorneys to prepare witnesses by reviewing anticipated questions and helping them organize their truthful recollections, but prohibits coaching false testimony.

Question 5

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:

Accepted Answer

Impermissible because the attorney must have a non-frivolous basis before filing

Answer

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.

MPRE Practice Test

MPRE Practice Test

MPRE Advocacy 4