MPRE Professional Discipline 5 — Questions and Answers
Question 1: An attorney is asked by the disciplinary authority to produce documents relating to a client matter under investigation. The attorney claims attorney-client privilege over the documents. How is this likely resolved?
- The attorney-client privilege fully protects all documents from disclosure to the disciplinary authority
- The client's privilege may be implicitly waived when the client filed the complaint triggering the investigation (Correct answer)
- All documents must be produced immediately regardless of privilege
- The attorney must seek a court order before producing any documents
Correct answer: The client's privilege may be implicitly waived when the client filed the complaint triggering the investigation
When a client files a disciplinary complaint about the attorney, the client's act of filing may constitute an implied waiver of privilege as to matters directly at issue in the complaint.
Question 2: Attorney Garcia is the subject of a disciplinary investigation. Garcia instructs a paralegal to shred documents potentially relevant to the investigation. What is the MOST serious consequence Garcia faces?
- Only a private reprimand for poor document management
- Discipline for obstruction of the disciplinary process, which is itself a separate violation (Correct answer)
- No discipline if the documents were older than seven years
- A civil fine payable to the disciplinary authority
Correct answer: Discipline for obstruction of the disciplinary process, which is itself a separate violation
Obstruction of the disciplinary process by destroying evidence is itself a serious violation of the Rules of Professional Conduct, independent of the underlying matter being investigated.
Question 3: A lawyer is disbarred for misappropriating client funds. The affected clients later receive compensation from the state's client protection fund. Does this affect the disbarment?
- Yes, restitution from the fund automatically vacates the disbarment
- No, client protection fund payments do not affect or reverse disciplinary sanctions (Correct answer)
- Yes, but only if the disbarred attorney reimburses the fund within two years
- No, but the attorney becomes eligible for early reinstatement after five years instead of ten
Correct answer: No, client protection fund payments do not affect or reverse disciplinary sanctions
Client protection funds provide compensation to harmed clients as a separate mechanism; they have no effect on the attorney's disciplinary status or sanctions.
Question 4: Attorney Harris is admitted to the bar in State A and moves to State B where she establishes her primary practice. She never takes the State B bar exam but practices there for two years. What disciplinary risk does Harris face?
- No risk, because multistate practice is always permitted under reciprocity agreements
- Risk of unauthorized practice of law sanctions in State B and possible discipline in State A (Correct answer)
- Risk only if a client in State B files a formal complaint
- No risk as long as Harris discloses to State B clients that she is not licensed there
Correct answer: Risk of unauthorized practice of law sanctions in State B and possible discipline in State A
An attorney who establishes a systematic practice in a jurisdiction where she is not licensed risks unauthorized practice of law sanctions and potential discipline in her home jurisdiction.
Question 5: During a disciplinary hearing, the attorney testifies falsely in his own defense. Which of the following is the most accurate statement?
- False testimony in one's own defense is protected by the Fifth Amendment and cannot be the basis for discipline
- Perjury during a disciplinary proceeding is itself a violation that may result in additional or increased sanctions (Correct answer)
- Attorneys cannot testify in their own disciplinary proceedings
- The disciplinary board must refer the matter to criminal prosecutors before taking action based on the false testimony
Correct answer: Perjury during a disciplinary proceeding is itself a violation that may result in additional or increased sanctions
Providing false testimony in a disciplinary proceeding violates the rules prohibiting dishonesty and obstructing disciplinary processes, and can be charged as an additional violation.
Question 6: Which of the following best describes the purpose of professional discipline in attorney regulation?
- To punish attorneys for wrongdoing and deter future misconduct as a primary goal
- To compensate clients who suffered harm from the attorney's misconduct
- To protect the public and the profession by maintaining standards for attorney competence and integrity (Correct answer)
- To provide an administrative alternative to civil malpractice litigation
Correct answer: To protect the public and the profession by maintaining standards for attorney competence and integrity
Professional discipline is primarily protective in purpose—it safeguards the public and upholds the integrity of the legal profession, rather than serving as punishment or compensation.
Question 7: Attorney Ingram is suspended but continues to practice law during the suspension period. Which of the following best describes the consequence?
- Ingram faces only a civil penalty payable to the state bar
- Practicing during suspension may result in contempt of court and additional disciplinary sanctions including extended suspension or disbarment (Correct answer)
- The suspension period is simply extended by the amount of time Ingram practiced during it
- Ingram's clients are responsible for fees paid during the unauthorized practice period
Correct answer: Practicing during suspension may result in contempt of court and additional disciplinary sanctions including extended suspension or disbarment
Practicing law while under suspension violates a court order and the Rules of Professional Conduct, exposing the attorney to contempt proceedings and aggravated disciplinary sanctions.
MPRE Professional Discipline 5
An attorney is asked by the disciplinary authority to produce documents relating to a client matter under investigation.
The attorney claims attorney-client privilege over the documents.
How is this likely resolved?