MPRE Communication 2 — Questions and Answers
Question 1: A lawyer negotiating a settlement receives an offer from opposing counsel. The client has previously told the lawyer she will accept nothing less than $500,000, and the offer is $350,000. What must the lawyer do?
- Reject the offer without telling the client since it falls below the stated minimum
- Promptly inform the client of the offer regardless of her prior instruction (Correct answer)
- Accept the offer if the lawyer believes it is fair
- Wait until the end of negotiations to disclose all offers at once
Correct answer: Promptly inform the client of the offer regardless of her prior instruction
Rule 1.4 requires a lawyer to promptly inform the client of any settlement offer, even if it falls below a threshold the client previously stated.
Question 2: An attorney represents a client with a severe cognitive impairment who cannot understand the litigation proceedings. The client's adult son asks the attorney to copy him on all communications so he can 'keep things straight.' What should the attorney do?
- Copy the son on all communications because it serves the client's interests
- Refuse unless the client has granted the son formal power of attorney or the attorney seeks a guardian appointment (Correct answer)
- Withdraw from representation due to the communication difficulty
- Communicate only with the son going forward as a practical matter
Correct answer: Refuse unless the client has granted the son formal power of attorney or the attorney seeks a guardian appointment
Under Rule 1.14, a lawyer whose client has diminished capacity may take protective action but must still protect the client's interests, which requires formal authorization before disclosing communications to third parties.
Question 3: A client sends three emails over two weeks asking for a status update on his case. The attorney is very busy and has no new information to report. Under the Model Rules, the attorney should:
- Respond only when there is substantive new information to share
- Acknowledge the client's inquiries and explain there is no new information yet (Correct answer)
- Have a paralegal tell the client to stop emailing until there is news
- Respond within 30 days as a matter of professional courtesy
Correct answer: Acknowledge the client's inquiries and explain there is no new information yet
Rule 1.4(a)(4) requires a lawyer to promptly comply with reasonable requests for information, even if the only response is that nothing new has occurred.
Question 4: A lawyer handling a personal injury case concludes that a particular expert witness would be unhelpful and decides not to hire one without telling the client. The client later asks if an expert was considered. The lawyer says 'I handled the strategy.' Which rule was most likely violated?
- Rule 1.1 (Competence)
- Rule 1.2 (Scope of Representation)
- Rule 1.4 (Communication) (Correct answer)
- Rule 3.4 (Fairness to Opposing Party)
Correct answer: Rule 1.4 (Communication)
Rule 1.4 requires the lawyer to keep the client reasonably informed about significant strategic decisions, including the choice not to use an expert witness.
Question 5: A client tells her attorney that she wants all communications sent to her work email and not her home. Later, the attorney learns that the client's spouse has access to the work email. The attorney should:
- Continue using the work email because the client authorized it
- Inform the client of the potential confidentiality risk and seek updated instructions (Correct answer)
- Switch to the home email to protect confidentiality without telling the client
- Refuse to use email at all and communicate only in person
Correct answer: Inform the client of the potential confidentiality risk and seek updated instructions
The lawyer should promptly notify the client of newly discovered risks to confidentiality so the client can make an informed choice about how to communicate.
Question 6: During representation, a lawyer discovers that she made a significant mistake in a motion filing that may have damaged the client's position. She believes she can fix the error without the client ever knowing. What does Rule 1.4 require?
- The lawyer may correct the error silently as long as no harm results
- The lawyer must disclose the error to the client even if it can be corrected (Correct answer)
- The lawyer only needs to disclose if the error results in malpractice liability
- Disclosure is optional but recommended as a best practice
Correct answer: The lawyer must disclose the error to the client even if it can be corrected
Rule 1.4 requires keeping the client reasonably informed, which includes disclosing material errors because the client needs this information to make informed decisions about the representation.
Question 7: A client and attorney agree to limit communication to monthly written reports, with no phone calls or emails in between. A month into the representation, an urgent development requires immediate client input on a 48-hour deadline. What must the attorney do?
- Honor the agreement and wait until the monthly report
- Contact the client immediately despite the prior agreement (Correct answer)
- Make the decision for the client under implied authority
- Request a 48-hour extension from opposing counsel and then consult the client
Correct answer: Contact the client immediately despite the prior agreement
Reasonable limitations on communication can be agreed upon under Rule 1.4, but such agreements cannot prevent disclosure of information the client needs to avoid prejudice to their interests.
MPRE Communication 2
A lawyer negotiating a settlement receives an offer from opposing counsel.
The client has previously told the lawyer she will accept nothing less than $500,000, and the offer is $350,000.
What must the lawyer do?