MPRE Conflicts of Interest

Question 1

Under Model Rule 1.7, a concurrent conflict of interest exists when the representation of one client will be directly adverse to another client. Which of the following BEST describes the 'directly adverse' standard?

Accepted Answer

The lawyer represents clients whose legal interests are opposed in the same or a related matter

Answer

Direct adversity under Rule 1.7(a)(1) requires that the representation of one client be directly adverse to another client in a legal sense, meaning their legal positions are in opposition in the same or related matter.

Question 2

An attorney represents a corporation and is asked to also represent the CEO individually on an unrelated contract dispute. Under Model Rule 1.7, which analysis applies?

Accepted Answer

The attorney must analyze whether there is a significant risk that representation of one client will materially limit the attorney's ability to represent the other

Answer

Under Rule 1.7(a)(2), a conflict exists if there is a significant risk that representation of one client will be materially limited by the lawyer's responsibilities to another client, even in unrelated matters.

Question 3

Attorney wants to represent two co-defendants in a criminal matter. Both defendants consent in writing after full disclosure. Under what circumstances may the attorney proceed?

Accepted Answer

Only if the attorney reasonably believes the representation will not adversely affect either client and both give informed written consent

Answer

Under Rule 1.7(b), a lawyer may proceed despite a conflict if the lawyer reasonably believes representation of each client will not be adversely affected and each client gives informed written consent.

Question 4

An attorney wishes to enter into a business transaction with a current client. Under Model Rule 1.8(a), which of the following is REQUIRED?

Accepted Answer

The transaction must be fair and reasonable to the client, disclosed in writing, the client must be advised in writing to seek independent counsel, and the client must give informed consent in writing

Answer

Rule 1.8(a) requires the transaction to be fair and reasonable, fully disclosed in writing in understandable terms, the client advised to seek independent counsel, and informed consent confirmed in writing.

Question 5

After representing Client A in a contract negotiation, the attorney's representation ends. A year later, Opposing Party B asks the attorney to sue Client A on a substantially related matter. What rule governs?

Accepted Answer

Model Rule 1.9 (former client conflicts), which prohibits representation materially adverse to a former client in the same or substantially related matter without consent

Answer

Rule 1.9 governs former client conflicts and prohibits a lawyer from representing a new client in the same or a substantially related matter that is materially adverse to the former client without informed consent.

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Conflicts of Interest