MPRE Professional Discipline 4 — Questions and Answers
Question 1: Attorney Evans is licensed in State X and admitted pro hac vice in State Y for a single case. Evans violates State Y's rules of professional conduct. Which jurisdiction may discipline Evans?
- Only State X, because that is Evans's licensing jurisdiction
- Only State Y, because the conduct occurred there
- Both State X and State Y may discipline Evans (Correct answer)
- Neither state, because pro hac vice admission creates no disciplinary jurisdiction
Correct answer: Both State X and State Y may discipline Evans
Both the licensing jurisdiction and the jurisdiction where the conduct occurred may have authority to discipline an attorney, including for pro hac vice misconduct.
Question 2: Under the Model Rules choice-of-law provision for discipline, if an attorney is licensed in State A but engages in misconduct in State B during litigation in State B courts, which state's rules primarily govern?
- State A's rules, because it is the licensing state
- State B's rules, because the conduct is in connection with a proceeding in State B (Correct answer)
- Federal rules of professional conduct, which preempt state rules
- The rules of whichever state has the highest ethical standards
Correct answer: State B's rules, because the conduct is in connection with a proceeding in State B
Model Rule 8.5(b)(1) provides that for conduct in connection with a proceeding in a court before which the attorney has been admitted, the rules of that jurisdiction govern.
Question 3: An attorney is suffering from severe depression and makes several serious errors in client matters. The attorney voluntarily enters a lawyer assistance program and seeks treatment. How might this affect disciplinary proceedings?
- Mental illness is a complete defense and bars any disciplinary action
- Voluntary treatment may be a mitigating factor but does not eliminate accountability for serious violations (Correct answer)
- Entering a assistance program automatically stays all disciplinary proceedings indefinitely
- The attorney must surrender her license while enrolled in any treatment program
Correct answer: Voluntary treatment may be a mitigating factor but does not eliminate accountability for serious violations
While voluntary participation in rehabilitation is a recognized mitigating circumstance, it does not eliminate professional accountability for rule violations that harmed clients.
Question 4: A disciplinary proceeding concludes with a finding of no misconduct. Can the dismissed complaint be used against the attorney in a future disciplinary proceeding?
- Yes, all complaints regardless of outcome may be referenced in future proceedings
- No, a dismissed complaint cannot be referenced under any circumstance
- A dismissed complaint is generally not considered prior discipline but facts may be relevant in future proceedings (Correct answer)
- A dismissed complaint creates an absolute bar to discipline on similar issues
Correct answer: A dismissed complaint is generally not considered prior discipline but facts may be relevant in future proceedings
A dismissed complaint does not constitute a prior disciplinary offense, but the underlying facts may still be relevant in later proceedings in some circumstances.
Question 5: Attorney Ford assists a client in conduct the attorney knows is criminal. The client is later prosecuted and Ford faces disciplinary charges. Which Model Rule provision is MOST directly implicated?
- Rule 1.6 (Confidentiality of Information)
- Rule 1.2(d) (prohibiting assisting a client in criminal or fraudulent conduct) (Correct answer)
- Rule 3.3 (Candor toward the Tribunal)
- Rule 4.1 (Truthfulness in Statements to Others)
Correct answer: Rule 1.2(d) (prohibiting assisting a client in criminal or fraudulent conduct)
Model Rule 1.2(d) explicitly prohibits a lawyer from counseling or assisting a client in conduct the lawyer knows is criminal or fraudulent.
Question 6: Which of the following is NOT a typical sanction available in attorney disciplinary proceedings?
- Private reprimand
- Public censure
- Imprisonment for contempt (Correct answer)
- Disbarment
Correct answer: Imprisonment for contempt
Disciplinary sanctions include reprimands, censure, suspension, and disbarment; imprisonment is a criminal punishment, not a disciplinary sanction.
Question 7: An attorney's misconduct is discovered 15 years after it occurred. The attorney argues the matter should be dismissed due to the passage of time. Under most disciplinary frameworks, how is this treated?
- Most jurisdictions have a strict 5-year statute of limitations on all disciplinary matters
- Delay may be considered a mitigating factor but many jurisdictions do not impose fixed statutes of limitations on disciplinary proceedings (Correct answer)
- Any matter older than 10 years is automatically time-barred under the Model Rules
- The ABA mandates dismissal of any complaint filed more than 7 years after the misconduct
Correct answer: Delay may be considered a mitigating factor but many jurisdictions do not impose fixed statutes of limitations on disciplinary proceedings
Many jurisdictions do not apply strict statutes of limitations to disciplinary proceedings, though significant delay may be a mitigating factor or grounds for procedural challenges.
MPRE Professional Discipline 4
Attorney Evans is licensed in State X and admitted pro hac vice in State Y for a single case.
Evans violates State Y's rules of professional conduct.
Which jurisdiction may discipline Evans?