MPRE Competence and Diligence 5 — Questions and Answers
Question 1: A client retains an attorney to negotiate a commercial lease. The attorney has never handled commercial real estate but believes she can learn quickly. She reviews no resources before the first negotiation session and the client loses favorable terms. This conduct most likely violates:
- Rule 1.3 only, because the attorney was present and actively negotiating
- Rule 1.1, because the attorney lacked sufficient preparation for the representation (Correct answer)
- Rule 1.5, because the attorney charged a fee without adequate knowledge
- Rule 1.2, because the attorney controlled the objectives without client input
Correct answer: Rule 1.1, because the attorney lacked sufficient preparation for the representation
Rule 1.1 requires adequate preparation before and during representation; entering negotiations without any preparation in an unfamiliar area violates the competence standard.
Question 2: The comment to Rule 1.3 states that a lawyer may agree to ordinary working limits, but also warns against:
- Charging flat fees for complex matters
- Procrastination that causes unnecessary harm or risk (Correct answer)
- Accepting matters in unfamiliar practice areas
- Communicating too frequently with the client about case status
Correct answer: Procrastination that causes unnecessary harm or risk
Comment 3 to Rule 1.3 specifically warns that procrastination can cause clients unnecessary harm and anxiety, making it a diligence violation.
Question 3: A criminal defense attorney fails to investigate an available alibi witness before trial. The defendant is convicted. Which rule is most directly implicated by the failure to investigate?
- Rule 3.4 — fairness to opposing party
- Rule 1.1 — competence, including adequate investigation of facts (Correct answer)
- Rule 1.6 — confidentiality of client information
- Rule 3.8 — special responsibilities of prosecutors
Correct answer: Rule 1.1 — competence, including adequate investigation of facts
Rule 1.1 requires thoroughness and preparation, which in criminal defense includes investigating available witnesses and defenses before trial.
Question 4: A client wants her attorney to handle litigation in a federal district court. The attorney has never appeared in federal court and is unfamiliar with local rules. Under Rule 1.1, what must the attorney do before proceeding?
- Inform the client the matter is outside the attorney's practice area and immediately decline
- Acquire the necessary competence through study, preparation, or association with federal court experienced counsel (Correct answer)
- Appear in the matter and rely on the court to explain procedural requirements
- Seek a blanket continuance until the attorney has time to learn the local rules
Correct answer: Acquire the necessary competence through study, preparation, or association with federal court experienced counsel
Rule 1.1 permits handling unfamiliar matters by acquiring competence through adequate preparation or associating with a lawyer experienced in federal practice.
Question 5: A lawyer handles an immigration matter and obtains a favorable result for the client. Two years later, the law changes significantly and the client faces new immigration risks related to the same status. The attorney takes no further action because the representation concluded. Which of the following is most accurate?
- The attorney has an ongoing duty of diligence to monitor law changes affecting former clients
- Once representation has concluded, the attorney has no further diligence obligation to the client (Correct answer)
- The attorney must contact all former clients whenever relevant law changes
- The attorney's diligence duty continues until the client's immigration status is finally resolved
Correct answer: Once representation has concluded, the attorney has no further diligence obligation to the client
Diligence obligations apply during the scope of representation; absent an agreement to monitor or an ongoing representation, a concluded matter does not impose continuing duties.
Question 6: Under the Model Rules, a lawyer who is competent in both labor law and tax law is asked to handle a complex matter that substantially involves both areas. Which statement best reflects the competence standard?
- The lawyer automatically meets the competence standard for any matter combining areas in which the lawyer is competent
- The lawyer must evaluate whether the combined complexity of the matter falls within the lawyer's actual competence for this specific representation (Correct answer)
- The lawyer must associate with a second attorney because the matter spans two practice areas
- Competence in two practice areas means competence in all matters combining those areas
Correct answer: The lawyer must evaluate whether the combined complexity of the matter falls within the lawyer's actual competence for this specific representation
Competence is evaluated for each specific representation; having expertise in component areas does not automatically ensure competence for the particular combined complexity of a given matter.
Question 7: A client terminates representation and demands the return of all client files. The attorney refuses to return the files until the client pays outstanding legal fees. Under the rules on diligence and client protection, which statement is most accurate?
- The attorney may retain all files as a retaining lien until fees are fully paid in all jurisdictions
- Most jurisdictions require return of the client file even if a fee dispute exists, to protect the client's interests (Correct answer)
- The attorney has no obligation to return files until a court orders it
- The attorney may keep the file permanently if the retainer agreement authorizes a lien
Correct answer: Most jurisdictions require return of the client file even if a fee dispute exists, to protect the client's interests
Rule 1.16(d) and most state rules require the lawyer to surrender the client's file to protect the client's interests upon termination, regardless of a fee dispute, though some jurisdictions permit limited retaining liens.
MPRE Competence and Diligence 5
A client retains an attorney to negotiate a commercial lease.
The attorney has never handled commercial real estate but believes she can learn quickly.
She reviews no resources before the first negotiation session and the client loses favorable terms.
This conduct most likely violates: