MPRE Professional Discipline 3 — Questions and Answers
Question 1: Attorney Chen receives a disciplinary complaint. Which body typically has initial authority to investigate and adjudicate attorney discipline in the United States?
- The federal district court in the attorney's home state
- The state's highest court through its authorized disciplinary agency (Correct answer)
- The American Bar Association's national ethics board
- The U.S. Department of Justice Office of Professional Responsibility
Correct answer: The state's highest court through its authorized disciplinary agency
Attorney discipline is primarily a state function, with the state's highest court holding ultimate authority, usually delegated to a bar disciplinary agency.
Question 2: Under the ABA Standards for Imposing Lawyer Sanctions, which factor is classified as an AGGRAVATING circumstance?
- Absence of a prior disciplinary record
- Timely good-faith effort to make restitution
- Prior disciplinary offenses (Correct answer)
- Full cooperation with the disciplinary proceeding
Correct answer: Prior disciplinary offenses
Prior disciplinary offenses are an aggravating factor under the ABA Standards that can increase the severity of the sanction imposed.
Question 3: An attorney is publicly censured. Which of the following best describes a public censure?
- A private warning issued by the disciplinary board
- A formal public sanction that is less severe than suspension (Correct answer)
- A temporary suspension of the attorney's license for 30 days
- A permanent notation on the attorney's license requiring disclosure to all future clients
Correct answer: A formal public sanction that is less severe than suspension
A public censure (also called a public reprimand) is a formal sanction made available to the public but does not restrict the attorney's right to practice.
Question 4: A client files a grievance alleging that her attorney committed malpractice by missing a statute of limitations. What is the MOST accurate statement about the relationship between malpractice and professional discipline?
- A finding of malpractice automatically results in professional discipline
- Professional discipline and malpractice are entirely separate systems; one does not determine the other (Correct answer)
- A disciplinary finding of misconduct is required before a malpractice suit can proceed
- Malpractice and professional discipline always result in the same sanction
Correct answer: Professional discipline and malpractice are entirely separate systems; one does not determine the other
Malpractice (civil liability) and professional discipline are independent systems—a malpractice judgment does not automatically trigger discipline, and discipline can occur without a malpractice finding.
Question 5: Attorney Davis is disbarred. Under the Model Rules framework, after what minimum period may Davis generally apply for reinstatement?
- One year
- Three years
- Five years (Correct answer)
- Ten years
Correct answer: Five years
Under ABA Model Rule 25 of the Model Rules for Lawyer Disciplinary Enforcement, a disbarred attorney generally may not apply for reinstatement for at least five years.
Question 6: An attorney's disciplinary proceeding is pending. The attorney argues that because no client was harmed, discipline is not warranted. How do disciplinary rules treat this argument?
- Lack of client harm is a complete defense to professional discipline
- Lack of client harm is a mitigating factor but does not bar discipline for serious rule violations (Correct answer)
- Client harm is always required for discipline to be imposed
- Lack of client harm converts a disciplinary matter into a purely civil issue
Correct answer: Lack of client harm is a mitigating factor but does not bar discipline for serious rule violations
While lack of client harm may be a mitigating factor, professional discipline can be imposed for serious violations of the Rules of Professional Conduct even without actual client harm.
Question 7: An attorney knowingly makes a false statement on her bar application about a prior criminal conviction. This is discovered five years after she is admitted. Which of the following is most accurate?
- The bar cannot act because the statute of limitations has run
- The attorney may face revocation of admission for the fraudulent application (Correct answer)
- The attorney can only be disciplined for the underlying criminal conviction, not the false statement
- The admission is automatically void, and all the attorney's prior legal work is invalidated
Correct answer: The attorney may face revocation of admission for the fraudulent application
A knowing false statement on a bar application is a serious violation that can result in revocation of admission, even years after the fact, because the fraud undermined the admission process.
MPRE Professional Discipline 3
Attorney Chen receives a disciplinary complaint.
Which body typically has initial authority to investigate and adjudicate attorney discipline in the United States?