MPRE Professional Discipline 4

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?

Accepted Answer

Both State X and State Y may discipline Evans

Answer

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?

Accepted Answer

State B's rules, because the conduct is in connection with a proceeding in State B

Answer

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?

Accepted Answer

Voluntary treatment may be a mitigating factor but does not eliminate accountability for serious violations

Answer

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?

Accepted Answer

A dismissed complaint is generally not considered prior discipline but facts may be relevant in future proceedings

Answer

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?

Accepted Answer

Rule 1.2(d) (prohibiting assisting a client in criminal or fraudulent conduct)

Answer

Model Rule 1.2(d) explicitly prohibits a lawyer from counseling or assisting a client in conduct the lawyer knows is criminal or fraudulent.

MPRE Practice Test

MPRE Practice Test

MPRE Professional Discipline 4