MPRE Competence and Diligence 4 — Questions and Answers
Question 1: A lawyer handles a transaction competently but then fails to follow up on closing conditions for six months without any communication to the client. What rule is primarily at issue?
- Rule 1.7 — conflict of interest
- Rule 1.3 — diligence, specifically the duty of promptness (Correct answer)
- Rule 1.6 — confidentiality
- Rule 1.8 — prohibited transactions
Correct answer: Rule 1.3 — diligence, specifically the duty of promptness
Leaving a matter unattended for months without client communication violates the promptness and persistence obligations under Rule 1.3.
Question 2: Under what circumstances may a lawyer who lacks competence in a new area still accept and handle the representation without associating with another attorney?
- Only if the client signs a waiver acknowledging the attorney's inexperience
- When the lawyer can achieve the requisite competence through reasonable preparation before and during the representation (Correct answer)
- Whenever the lawyer discloses the lack of experience in the fee agreement
- Only in transactional matters, not litigation
Correct answer: When the lawyer can achieve the requisite competence through reasonable preparation before and during the representation
Rule 1.1 Comment 4 allows a lawyer to handle novel matters if competence can be achieved through adequate study and preparation without associating with another lawyer.
Question 3: A law firm partner assigns a complex antitrust matter to a first-year associate and provides no supervision. The associate misses a key legal argument and the client loses the case. Under the Model Rules, who may be subject to discipline?
- Only the associate, who bore personal responsibility for the work product
- Only the partner, who improperly delegated the matter
- Both the partner (for inadequate supervision) and potentially the associate (for incompetent work) (Correct answer)
- Neither, because supervision disputes are internal firm matters
Correct answer: Both the partner (for inadequate supervision) and potentially the associate (for incompetent work)
Rule 5.1 holds supervisory lawyers responsible for ensuring subordinates comply with the Rules, and the associate may be independently responsible under Rules 1.1 and 5.2.
Question 4: A client tells her attorney she wants to countersue the opposing party for claims the attorney considers legally unfounded but not completely frivolous. Under the diligence and competence rules, the attorney should:
- Refuse to file any counterclaim not supported by strong precedent
- Assess the legal basis honestly, advise the client, and pursue the claim if it has a non-frivolous basis (Correct answer)
- File every counterclaim the client requests without independent legal analysis
- File the counterclaim only if the client agrees to pay a higher fee for the added risk
Correct answer: Assess the legal basis honestly, advise the client, and pursue the claim if it has a non-frivolous basis
Diligence requires pursuing the client's lawful objectives, while competence requires honest legal analysis; the attorney should advise candidly and file non-frivolous claims.
Question 5: Which of the following best illustrates a violation of diligence rather than competence under the Model Rules?
- An attorney files a brief without researching controlling precedent in the jurisdiction
- An attorney repeatedly fails to return client calls and lets months pass without updating the client on case status (Correct answer)
- An attorney misunderstands the elements of a cause of action and pleads the wrong claim
- An attorney fails to recognize a potentially applicable defense strategy
Correct answer: An attorney repeatedly fails to return client calls and lets months pass without updating the client on case status
Failing to communicate and leaving a client without updates is a diligence (Rule 1.3) violation, while misapplication of legal knowledge implicates competence (Rule 1.1).
Question 6: A lawyer suffers from untreated depression that causes chronic procrastination and neglect of client files. Several clients miss deadlines as a result. Under the MPRE framework, which of the following is most accurate?
- Mental health conditions are a complete defense to disciplinary proceedings under the ADA
- The attorney may face discipline for violating Rule 1.3 regardless of the underlying cause (Correct answer)
- The attorney's duty of diligence is excused during periods of recognized mental illness
- The attorney is only subject to malpractice liability, not professional discipline
Correct answer: The attorney may face discipline for violating Rule 1.3 regardless of the underlying cause
While mental health issues may be mitigating factors in discipline, they do not excuse violations of the duty of diligence under Rule 1.3.
Question 7: An attorney who has practiced for 20 years receives a case involving a rapidly evolving area of cyber law. The attorney fails to research recent developments and provides outdated advice. Under Rule 1.1, this attorney has failed to:
- Seek pro hac vice admission before providing advice
- Keep abreast of changes in the law and its practice, including the benefits and risks of relevant technology (Correct answer)
- Associate with a licensed cyber law specialist before giving any advice
- Obtain the client's informed written consent to provide advice outside the attorney's specialty
Correct answer: Keep abreast of changes in the law and its practice, including the benefits and risks of relevant technology
Rule 1.1 Comment 8 requires lawyers to keep abreast of changes in the law, including technological and legal developments relevant to practice.
MPRE Competence and Diligence 4
A lawyer handles a transaction competently but then fails to follow up on closing conditions for six months without any communication to the client.
What rule is primarily at issue?