MPRE Conflicts of Interest 2

Question 1

A government attorney leaves public service and joins a private firm. A former government matter on which the attorney personally and substantially participated is now before the firm. Under Model Rule 1.11, what is the most accurate statement?

Accepted Answer

The former government attorney is disqualified, but the firm may continue if it screens the attorney, provides written notice to the agency, and certifies compliance

Answer

Rule 1.11(b) allows the firm to continue representation despite the former government attorney's disqualification if the attorney is timely screened, receives no fee from the matter, and written notice is provided to the appropriate government agency.

Question 2

An attorney consults with a prospective client who ultimately retains a different lawyer. The prospective client shared confidential information during the consultation. Under Model Rule 1.18, the attorney is subsequently asked to represent the opposing party in the same matter. Which statement is correct?

Accepted Answer

The attorney is disqualified if the information received could significantly harm the prospective client, unless the prospective client provides informed written consent or the firm screens the attorney

Answer

Under Rule 1.18(c), a lawyer who received disqualifying information from a prospective client is prohibited from representing a materially adverse party in the same or substantially related matter unless the prospective client consents or the firm uses appropriate screening.

Question 3

An attorney represents 10 plaintiffs in a personal injury matter. The defendant offers a lump-sum settlement to be allocated among all plaintiffs. Under Model Rule 1.8(g), what must the attorney do?

Accepted Answer

Obtain informed consent from each client regarding the participation of each person in the settlement and the terms affecting each client

Answer

Rule 1.8(g) prohibits aggregate settlements unless each client gives informed consent in a signed writing after receiving disclosure of the existence and nature of all claims or defenses and the participation of each person in the settlement.

Question 4

A client tells the attorney she cannot afford litigation costs. Under Model Rule 1.8(e), which form of financial assistance to the client is permitted?

Accepted Answer

Advancing court costs and litigation expenses, repayable from the proceeds of the matter

Answer

Rule 1.8(e) permits a lawyer to advance court costs and litigation expenses, contingent on repayment from the outcome, but prohibits providing broader financial assistance to clients.

Question 5

Before or during representation, an attorney negotiates to acquire literary or media rights to the client's story. Under Model Rule 1.8(d), this is:

Accepted Answer

Prohibited until the representation is concluded

Answer

Rule 1.8(d) prohibits a lawyer from making or negotiating an agreement for literary or media rights based on information relating to the representation prior to the conclusion of all aspects of the matter.

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Conflicts of Interest 2