MPRE Professional Discipline 2 — Questions and Answers
Question 1: An attorney is convicted of felony tax fraud unrelated to her law practice. Which of the following best describes the likely disciplinary consequence?
- No discipline because the crime did not involve a client
- Discipline only if the attorney failed to disclose the conviction to the bar
- Discipline because a felony conviction involving dishonesty reflects adversely on fitness to practice (Correct answer)
- Discipline only if a client was financially harmed by the attorney's conduct
Correct answer: Discipline because a felony conviction involving dishonesty reflects adversely on fitness to practice
Under the Model Rules, a criminal act involving dishonesty or that reflects adversely on fitness to practice law is grounds for discipline, regardless of whether a client was directly harmed.
Question 2: A state bar disciplinary committee investigates an attorney and finds clear and convincing evidence of misconduct. What burden of proof standard applies in most attorney disciplinary proceedings?
- Preponderance of the evidence
- Clear and convincing evidence (Correct answer)
- Beyond a reasonable doubt
- Substantial evidence
Correct answer: Clear and convincing evidence
Most jurisdictions require clear and convincing evidence to sustain professional discipline against an attorney.
Question 3: An attorney receives a private reprimand from the disciplinary authority. Which statement is most accurate?
- A private reprimand is confidential and cannot be used in future disciplinary proceedings
- A private reprimand is the most severe sanction short of disbarment
- A private reprimand is a formal sanction but not made public (Correct answer)
- A private reprimand has no legal effect and is purely advisory
Correct answer: A private reprimand is a formal sanction but not made public
A private reprimand is a formal disciplinary sanction that is not disclosed to the public but remains part of the attorney's disciplinary record.
Question 4: Attorney Adams is suspended for six months. Under the Model Rules, what must Adams generally do before being reinstated?
- Pay all outstanding bar dues and retake the bar exam
- Demonstrate rehabilitation and fitness to practice, and comply with reinstatement procedures (Correct answer)
- Obtain a character reference from a sitting judge
- Complete 100 hours of pro bono service during the suspension period
Correct answer: Demonstrate rehabilitation and fitness to practice, and comply with reinstatement procedures
Reinstatement after suspension typically requires the attorney to demonstrate fitness to practice law, including evidence of rehabilitation where applicable.
Question 5: Which of the following conduct would MOST likely result in disbarment rather than a lesser sanction?
- A single instance of missing a filing deadline due to illness
- Commingling client funds on one occasion without client harm
- Knowingly converting client funds to personal use over an extended period (Correct answer)
- Failing to communicate promptly with a client for two weeks
Correct answer: Knowingly converting client funds to personal use over an extended period
Intentional misappropriation of client funds is among the most serious violations and typically warrants disbarment.
Question 6: A disciplinary authority in State A seeks to discipline Attorney Brown who is licensed in both State A and State B. If Brown is disbarred in State A, what is the likely effect in State B?
- State B must automatically disbar Brown without further proceedings
- State B may impose reciprocal discipline but must provide Brown an opportunity to be heard (Correct answer)
- State B has no jurisdiction over the matter because it occurred in State A
- State B must wait five years before taking any action based on State A's disbarment
Correct answer: State B may impose reciprocal discipline but must provide Brown an opportunity to be heard
Most jurisdictions provide for reciprocal discipline but require some procedural protection, including notice and an opportunity to challenge the discipline.
Question 7: An attorney self-reports a trust account error to the state bar before any complaint is filed. How does voluntary self-reporting typically affect disciplinary outcomes?
- Self-reporting is irrelevant because the violation already occurred
- Self-reporting is considered a mitigating factor that may reduce the severity of discipline (Correct answer)
- Self-reporting immunizes the attorney from any formal discipline
- Self-reporting triggers automatic suspension pending investigation
Correct answer: Self-reporting is considered a mitigating factor that may reduce the severity of discipline
Voluntary disclosure of misconduct before a complaint is filed is a recognized mitigating factor that disciplinary authorities may weigh in determining the appropriate sanction.
MPRE Professional Discipline 2
An attorney is convicted of felony tax fraud unrelated to her law practice.
Which of the following best describes the likely disciplinary consequence?