MPRE Competence and Diligence 5

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:

Accepted Answer

Rule 1.1, because the attorney lacked sufficient preparation for the representation

Answer

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:

Accepted Answer

Procrastination that causes unnecessary harm or risk

Answer

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?

Accepted Answer

Rule 1.1 — competence, including adequate investigation of facts

Answer

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?

Accepted Answer

Acquire the necessary competence through study, preparation, or association with federal court experienced counsel

Answer

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?

Accepted Answer

Once representation has concluded, the attorney has no further diligence obligation to the client

Answer

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.

MPRE Practice Test

MPRE Practice Test

MPRE Competence and Diligence 5