MPRE Communication 5

Question 1

An attorney advertises: 'I have never lost a criminal case.' In fact, two of his clients pleaded guilty and received favorable plea deals. Under Rule 7.1, this advertisement is:

Accepted Answer

False or misleading because it creates an unjustified expectation about outcomes

Answer

Rule 7.1 prohibits communications that are false or misleading, including statements that create unjustified expectations about likely results; claiming never to have lost when the record is more complex violates this rule.

Question 2

A lawyer sends a targeted direct mail solicitation to accident victims within two days of their accidents, offering legal services. Under the Model Rules, this is:

Accepted Answer

Prohibited within 30 days of the accident under Rule 7.3

Answer

Rule 7.3 prohibits direct mail solicitation of prospective clients who have been involved in an accident for 30 days after the accident if the communication concerns that event.

Question 3

Two attorneys are co-counsel representing joint clients in a business dispute. One client instructs the attorneys to withhold certain damaging information from the other joint client. The attorneys should:

Accepted Answer

Disclose to the other joint client because joint representation does not permit concealment between co-clients

Answer

In a joint representation, each client is entitled to be informed of information material to the representation; confidentiality as between co-clients does not permit one co-client to secretly direct counsel to withhold material information from the other.

Question 4

A lawyer uses a cloud-based email platform. He learns the platform had a data breach that may have exposed client communications. Under Rule 1.4, he should:

Accepted Answer

Notify affected clients of the breach so they can take appropriate protective steps

Answer

Rule 1.4 requires a lawyer to keep clients reasonably informed of significant developments; a data breach affecting client communications is material information clients need to protect their interests.

Question 5

A criminal defense attorney learns through plea negotiations that the prosecutor would accept a plea deal the attorney personally believes is very favorable. The client has said he wants to go to trial 'no matter what.' The attorney should:

Accepted Answer

Communicate the offer to the client and ensure he understands it before honoring his prior instruction

Answer

Rule 1.4 requires the attorney to communicate any plea offer to the client; a client's prior general instruction to go to trial does not waive the right to be informed of and consider a specific offer.

MPRE Practice Test

MPRE Practice Test

MPRE Communication 5