MPRE Public Service 2 — Questions and Answers
Question 1: An attorney serves as a volunteer judge in a local moot court competition organized by a bar association. Which statement best describes this activity under the Model Rules?
- It is prohibited because the attorney is not a licensed judge.
- It constitutes public service and is encouraged under the Model Rules. (Correct answer)
- The attorney must obtain court approval before participating.
- It is permissible only if the attorney receives no compensation.
Correct answer: It constitutes public service and is encouraged under the Model Rules.
The Model Rules encourage lawyers to participate in bar association activities and legal education programs as forms of public service.
Question 2: Attorney Chen serves on a nonprofit legal aid board. A client of the legal aid organization contacts Chen directly for personal legal advice. Chen should:
- Provide the advice since it benefits the legal aid mission.
- Decline and explain she is a board member, not the client's attorney.
- Refer the matter to the legal aid staff and avoid forming an attorney-client relationship.
- Both B and C. (Correct answer)
Correct answer: Both B and C.
Board members of legal aid organizations generally do not represent the organization's clients individually and should clarify their role and redirect appropriately.
Question 3: Under ABA Model Rule 6.1, what percentage of a lawyer's professional time should ideally be devoted to pro bono service?
- At least 5%
- At least 10%
- At least 15%
- At least 50 hours annually (Correct answer)
Correct answer: At least 50 hours annually
Model Rule 6.1 sets an aspirational goal of at least 50 hours of pro bono legal services per year.
Question 4: A lawyer participates in a 'Lawyers in the Classroom' program, teaching high school students about constitutional rights. This is best characterized as:
- Prohibited because it may constitute unauthorized legal advice.
- A form of public service consistent with Rule 6.1 commentary. (Correct answer)
- Permissible only with bar association sponsorship.
- A conflict of interest if the attorney represents government clients.
Correct answer: A form of public service consistent with Rule 6.1 commentary.
Civic education activities such as teaching students about the law are recognized in the commentary to Rule 6.1 as forms of public service.
Question 5: Attorney Davis provides pro bono representation to a low-income client through a legal aid referral. Davis later discovers the client also has a pending matter with Davis's major paying client on the opposing side. Davis must:
- Continue representation since pro bono work is exempt from conflict rules.
- Withdraw from the pro bono matter only.
- Analyze the conflict under Rules 1.7 and 1.9 before proceeding. (Correct answer)
- Seek the legal aid organization's permission to continue.
Correct answer: Analyze the conflict under Rules 1.7 and 1.9 before proceeding.
Conflict of interest rules apply equally to pro bono clients; the attorney must conduct a full conflict analysis under Rules 1.7 and 1.9.
Question 6: Which of the following best fulfills the 'substantial majority' preference stated in Model Rule 6.1 commentary for pro bono service?
- Representing a nonprofit organization in a contract negotiation at a reduced fee.
- Providing free legal services to a person of limited means in a custody dispute. (Correct answer)
- Delivering a continuing legal education lecture without charge.
- Serving as a mediator in a community dispute resolution program.
Correct answer: Providing free legal services to a person of limited means in a custody dispute.
Rule 6.1 prioritizes services to persons of limited means and organizations primarily serving them as the preferred form of pro bono service.
Question 7: A state has enacted a mandatory pro bono rule requiring 30 hours per year. An attorney who fails to meet this requirement faces:
- Automatic suspension of her license.
- Whatever sanction the state rule specifies, which may differ from ABA aspirational guidance. (Correct answer)
- No sanction, because pro bono obligations are inherently aspirational.
- A fine equal to the value of 30 hours of legal services at market rate.
Correct answer: Whatever sanction the state rule specifies, which may differ from ABA aspirational guidance.
States may adopt mandatory pro bono rules with their own enforcement mechanisms, which can differ significantly from the ABA's aspirational Model Rule 6.1.
MPRE Public Service 2
An attorney serves as a volunteer judge in a local moot court competition organized by a bar association.
Which statement best describes this activity under the Model Rules?