MPRE Public Service 3

Question 1

Under Model Rule 6.2, a lawyer may seek to avoid court appointment to represent a client in which of the following situations?

Accepted Answer

The representation would result in a violation of the Rules of Professional Conduct.

Answer

Rule 6.2(a) permits declining an appointment when representation would violate the Rules of Professional Conduct.

Question 2

Attorney Reyes is court-appointed to represent an indigent defendant whom Reyes finds morally reprehensible. Under Rule 6.2, Reyes:

Accepted Answer

Must accept the appointment; moral disagreement alone is not good cause to decline.

Answer

Personal moral disagreement with a client or cause is not listed as good cause to avoid appointment under Rule 6.2.

Question 3

Which scenario would constitute 'good cause' to avoid a court appointment under Rule 6.2?

Accepted Answer

The case involves a subject matter outside the lawyer's expertise with no time to prepare adequately.

Answer

Rule 6.2(c) recognizes that a significantly unreasonable financial burden or incompetence that cannot be remedied constitutes good cause to decline appointment.

Question 4

A lawyer accepts a court appointment to represent an indigent client. The lawyer later learns the representation will cause an unreasonable financial burden that was not foreseeable at appointment. Under Rule 6.2, the lawyer should:

Accepted Answer

Seek leave of court to withdraw, demonstrating the financial hardship.

Answer

Rule 6.2(b) permits seeking to avoid or withdraw from an appointment when it would impose an unreasonable financial burden, but court permission is typically required.

Question 5

The commentary to Rule 6.2 states that a lawyer should not seek to avoid appointment merely because the client or cause is:

Accepted Answer

Unpopular or the client's views are regarded by many as repugnant.

Answer

The comment to Rule 6.2 explicitly states that avoiding appointment is not justified simply because the client or cause is unpopular or the client's views repugnant.

MPRE Practice Test

MPRE Practice Test

MPRE Public Service 3