MPRE Communication 2

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?

Accepted Answer

Promptly inform the client of the offer regardless of her prior instruction

Answer

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?

Accepted Answer

Refuse unless the client has granted the son formal power of attorney or the attorney seeks a guardian appointment

Answer

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:

Accepted Answer

Acknowledge the client's inquiries and explain there is no new information yet

Answer

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?

Accepted Answer

Rule 1.4 (Communication)

Answer

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:

Accepted Answer

Inform the client of the potential confidentiality risk and seek updated instructions

Answer

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.

MPRE Practice Test

MPRE Practice Test

MPRE Communication 2