MPRE Competence and Diligence 3 — Questions and Answers
Question 1: A client asks her attorney to pursue an appeal that the attorney believes is frivolous. The client insists. Under the duty of diligence and related rules, what should the attorney do?
- File the appeal immediately because the client controls the objectives of representation
- Explain the assessment to the client and, if still directed to proceed, withdraw if the appeal is truly frivolous (Correct answer)
- Proceed with the appeal since the duty of diligence requires zealous pursuit of all client goals
- Secretly file a motion to dismiss the appeal to protect the court system
Correct answer: Explain the assessment to the client and, if still directed to proceed, withdraw if the appeal is truly frivolous
While clients control objectives, a lawyer must advise the client candidly and may withdraw or is required to withdraw if pursuing a frivolous claim would violate Rule 3.1.
Question 2: A lawyer in an estate planning practice begins using AI software to draft wills but does not review the AI output before sending documents to clients. Several wills contain errors. Which rule is most directly implicated?
- Rule 5.5 — unauthorized practice
- Rule 1.1 — competence, including supervision of technology (Correct answer)
- Rule 1.15 — safekeeping property
- Rule 8.4 — misconduct
Correct answer: Rule 1.1 — competence, including supervision of technology
Rule 1.1 Comment 8 requires lawyers to keep abreast of changes in law and technology, including the benefits and risks of relevant technology, and to supervise its use.
Question 3: Under the Model Rules, a lawyer's duty of diligence is best described as requiring the lawyer to:
- Win every case on behalf of the client
- Pursue the client's matter with reasonable promptness and persistence (Correct answer)
- Respond to all client communications within 24 hours
- Guarantee a successful outcome through zealous advocacy
Correct answer: Pursue the client's matter with reasonable promptness and persistence
Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, not guarantee outcomes or meet arbitrary response-time standards.
Question 4: A client fires her attorney midway through litigation and hires new counsel. Under the diligence rule, what obligation does the departing attorney have?
- No further obligations once representation is terminated
- Take reasonably practicable steps to protect the client's interests during transition, including delivering the file (Correct answer)
- Immediately withdraw all filings to ensure new counsel starts fresh
- Demand payment in full before transferring any client materials
Correct answer: Take reasonably practicable steps to protect the client's interests during transition, including delivering the file
Rule 1.16(d) requires that upon termination, a lawyer take steps reasonably practicable to protect the client's interests, including surrendering the client's papers and property.
Question 5: What does the 'throughness' component of competence under Rule 1.1 primarily require of an attorney?
- Completing every possible legal action available to the client regardless of cost
- Adequate inquiry into the facts and law relevant to the representation (Correct answer)
- Billing the client for all research time spent on the matter
- Filing all available motions to ensure nothing is overlooked
Correct answer: Adequate inquiry into the facts and law relevant to the representation
Thoroughness under Rule 1.1 means conducting adequate factual and legal inquiry so the attorney understands the matter before taking action.
Question 6: A client instructs her attorney to settle a case quickly even though the attorney believes more discovery would yield a better settlement. Under the rules on competence and client autonomy, the attorney should:
- Override the client's instruction because the attorney knows best
- Advise the client of the potential benefits of additional discovery, then follow the client's decision (Correct answer)
- Withdraw from the representation if the client rejects the attorney's advice
- Conduct the discovery anyway to fulfill the duty of diligence
Correct answer: Advise the client of the potential benefits of additional discovery, then follow the client's decision
The client controls the objectives of representation including settlement decisions; the lawyer's role is to advise, then defer to the informed client's choice.
Question 7: An attorney who previously practiced family law begins accepting criminal defense cases without taking any additional training or associating with criminal law experts. The first client receives a longer sentence due to the attorney's failure to request a mandatory suppression hearing. What is most accurate?
- The attorney satisfied competence requirements because any bar-licensed attorney may handle any matter
- The attorney violated Rule 1.1 by undertaking representation without the requisite legal knowledge and skill (Correct answer)
- The attorney's error is only actionable in malpractice, not in a disciplinary proceeding
- The attorney is not responsible because the client should have verified the attorney's experience
Correct answer: The attorney violated Rule 1.1 by undertaking representation without the requisite legal knowledge and skill
Undertaking criminal defense without adequate preparation or association with competent counsel when lacking experience violates the competence requirement of Rule 1.1.
MPRE Competence and Diligence 3
A client asks her attorney to pursue an appeal that the attorney believes is frivolous.
The client insists.
Under the duty of diligence and related rules, what should the attorney do?