500 MPRE P QUESTIONS FOR 2019 - University of Houston Law Center

[Pages:205]500 MPRE PRACTICE QUESTIONS FOR 2019

PROFESSIONAL RESPONSIBILITY COURSE SUPPLEMENT

Professor Drury Stevenson

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? 2018 Drury D. Stevenson Cover photo: Stone frieze of law professor lecturing while his students sleep, from the main entrance of the Yale Law School. Photo ? Rena Tobey, used by permission.

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Note for law students:

These 500 sample questions have the same format and style as the questions on the current Multistate Professional Responsibility Exam (MPRE). The multiple-choice format also provides a useful way to test students' knowledge of each provision or clause in each of the Model Rules, as well as the drafters' official Comments (which the MPRE tests along with the Model Rules themselves). No other MPRE practice book currently on the market has as many sample questions, or as broad coverage, as this book.

The practice questions are also extremely useful in mastering the material covered in every Professional Responsibility/Legal Ethics course, which is a required course at every American law school.

The arrangement of topics in this book follows the order of how heavily the MPRE tests each Rule. The bar examiners publish useful information on their website, , including a list of all topics tested, and how heavily the exam tests each separate topic: . This book follows that order, but most Professional Responsibility courses do not, but these practice questions will still give students proficiency in the material covered throughout the course, in preparation for their final exam.

This compendium of questions is a supplement to the author's recentlypublished Glannon Guide to Professional Responsibility (2nd ed.). The Glannon Guide provides detailed explanations for each of its questions (more than 220 questions), as well as a helpful introduction to each topic. This book provides only an answer key and a few citations to Model Rule subsections, the Restatement (Third) of the Law Governing Lawyers, ethics opinions, and court cases, but it has more questions. In addition, this book devotes special attention to topics covered less thoroughly in the Glannon Guide and other law school courses materials, such as attorney-client privilege and legal malpractice. For best results, use the two books together.

"Rule" in the hints after the questions refers to the applicable provision of the ABA Model Rules of Professional Conduct (2018), the primary basis for the MPRE. "Restatement" in this book refers to the American Law Institute's RESTATEMENT OF THE LAW (THIRD) - THE LAW GOVERNING LAWYERS. Many of the questions target from illustrations in the Restatement, examples in the MRPC Comment, or recent cases.

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Table of Contents

PART I ? HEAVILY TESTED SUBJECTS Conflicts of interest (12?18% MPRE) . . . 9 The Client-Lawyer Relationship (10?16% MPRE) . . . 45 Litigation & Other Forms of Advocacy (6?12% MPRE) . . . 70 Competence, Diligence, Malpractice, & Other Civil Liability (6?12% MPRE) . . . 96

PART II ? LIGHTLY TESTED SUBJECTS Client Confidentiality & Privilege (6?12% MPRE) . . . 111 Regulation of the Legal Profession (6?12% MPRE) . . . 134 Communications About Legal Services (4?10% MPRE) . . . 167 Different Roles of the Lawyer (4?10% MPRE) . . . 175 Transactions and Communications with Persons Other Than Clients (2?8% MPRE) . . . 179 Safekeeping Funds and Other Property (2?8% MPRE) . . . 189 Code of Judicial Conduct (2?8%) . . . 192 ANSWER KEY . . . 195 Index of Model Rules . . . 203

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PART I:

HEAVILY TESTED SUBJECTS

on the MPRE

[NOTE: In the author's law school courses on Professional Responsibility, PART I is material covered in the first half of the semester.

If the class has a midterm exam, only the material in Part I is on the midterm.]

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