MPRE Competence and Diligence 2 — Questions and Answers
Question 1: An attorney agrees to handle a complex securities fraud case despite never having practiced securities law. Under the Model Rules, which approach would satisfy the competence requirement?
- Decline the case entirely because competence cannot be acquired quickly enough
- Associate with a lawyer competent in securities law or study the necessary law before proceeding (Correct answer)
- Hire a paralegal with securities experience to handle the substantive work
- Proceed immediately to avoid prejudicing the client by delay
Correct answer: Associate with a lawyer competent in securities law or study the necessary law before proceeding
Rule 1.1 permits a lawyer to handle unfamiliar matters by associating with competent counsel or through adequate preparation and study.
Question 2: A lawyer representing a client in a custody dispute becomes seriously ill mid-case and is unable to work for several months. What does the duty of diligence require?
- The lawyer may pause the case until recovery since illness is an emergency
- The lawyer must arrange for another qualified attorney to handle the matter promptly (Correct answer)
- The lawyer should notify the court and request an indefinite continuance
- The duty of diligence is suspended during a medical emergency
Correct answer: The lawyer must arrange for another qualified attorney to handle the matter promptly
Diligence under Rule 1.3 requires ensuring the client's matter is handled even when the attorney is incapacitated, including arranging substitute counsel.
Question 3: Under the MPRE framework, 'competence' as defined in Rule 1.1 requires which combination of attributes?
- Intelligence, experience, and bar licensure in the relevant jurisdiction
- Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (Correct answer)
- Passing the bar exam and completing CLE requirements annually
- Specialization certification and at least five years of practice experience
Correct answer: Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
Rule 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Question 4: A client hires an attorney to file a breach of contract claim. The attorney repeatedly delays drafting the complaint without informing the client, and the statute of limitations expires. Which rule(s) has the attorney most clearly violated?
- Rules 1.1 and 1.3 (Correct answer)
- Rules 1.4 and 1.7
- Rules 1.6 and 1.9
- Rules 1.2 and 1.5
Correct answer: Rules 1.1 and 1.3
Allowing the statute of limitations to expire through inaction violates both the competence requirement (Rule 1.1) and the diligence requirement (Rule 1.3).
Question 5: Which factor does the Model Rules commentary identify as relevant in determining whether a lawyer possesses adequate skill for a given matter?
- The lawyer's years of practice in any area of law
- The complexity and specialized nature of the matter (Correct answer)
- Whether the client is paying full market-rate fees
- The size of the law firm handling the matter
Correct answer: The complexity and specialized nature of the matter
Comment 1 to Rule 1.1 identifies the complexity and specialized nature of the matter as a key factor in assessing whether a lawyer has adequate skill.
Question 6: An attorney licensed only in State A is asked by a longtime client to handle litigation in State B. The attorney has no pro hac vice admission in State B. What is the most appropriate course of action under competence and related rules?
- Handle the matter remotely since the attorney knows the client's background well
- Associate with State B counsel or assist the client in obtaining State B counsel (Correct answer)
- Advise the client to represent themselves since the attorney lacks jurisdiction
- File in federal court to avoid state licensure requirements
Correct answer: Associate with State B counsel or assist the client in obtaining State B counsel
Competence includes ensuring proper authorization to practice; the attorney should associate with admitted counsel or help the client find State B counsel.
Question 7: A solo practitioner is handling 80 active cases simultaneously and misses a key filing deadline in one client's case because of the overwhelming workload. Under the Model Rules, what principle does this scenario implicate?
- A lawyer may accept as many clients as the market will bear so long as fees are reasonable
- Diligence requires a lawyer not to take on more work than can be handled competently (Correct answer)
- Overwork is a complete defense to a disciplinary complaint if documented
- Missing deadlines is only sanctionable if the client suffers monetary harm
Correct answer: Diligence requires a lawyer not to take on more work than can be handled competently
Rule 1.3 Comment 2 warns that a lawyer must control workload so that each matter can be handled competently and with reasonable promptness.
MPRE Competence and Diligence 2
An attorney agrees to handle a complex securities fraud case despite never having practiced securities law.
Under the Model Rules, which approach would satisfy the competence requirement?