MPRE Competence and Diligence 4

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?

Accepted Answer

Rule 1.3 — diligence, specifically the duty of promptness

Answer

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?

Accepted Answer

When the lawyer can achieve the requisite competence through reasonable preparation before and during the representation

Answer

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?

Accepted Answer

Both the partner (for inadequate supervision) and potentially the associate (for incompetent work)

Answer

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:

Accepted Answer

Assess the legal basis honestly, advise the client, and pursue the claim if it has a non-frivolous basis

Answer

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?

Accepted Answer

An attorney repeatedly fails to return client calls and lets months pass without updating the client on case status

Answer

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).

MPRE Practice Test

MPRE Practice Test

MPRE Competence and Diligence 4