Multistate Professional Responsibility Examination (MPRE) flashcards

Applicants for admission to the bar must be truthful and candid in their applications and during the admission process, disclosing all facts relevant to their moral character and fitness.

• Duty to disclose all material facts, even if adverse.
• Misrepresentations or omissions can lead to denial or later disbarment.
• Duty applies throughout the application process.

Memory trick: Truthful applications open the legal gates.

An attorney not licensed in a jurisdiction may perform legal research, drafting, and other preparatory work for a case in that jurisdiction, provided they are under the supervision of a locally licensed attorney and do not engage in direct client representation or court appearances.

• Work must be preparatory (e.g., research, drafting).
• Must be supervised by a locally licensed attorney.
• No direct client contact or court appearance in the foreign jurisdiction.
• No holding oneself out as licensed in the foreign jurisdiction.

Memory trick: Exceptions to UPL are like specific passes through a guarded gate.

Lawyers licensed in multiple jurisdictions are generally required to report disciplinary sanctions received in one jurisdiction to the disciplinary authorities of all other jurisdictions where they are licensed.

• Applies to formal sanctions, not just disbarment or suspension.
• Ensures transparency and allows other jurisdictions to assess fitness.
• Failure to report can be an independent disciplinary offense.

Memory trick: One bar's misstep, all bars must grasp, for integrity to last.

A communication about a lawyer's services is misleading if it creates an unjustified expectation about results the lawyer can achieve, particularly by presenting past results without context, disclaimers, or explanation of specific facts and circumstances.

• Prohibited by Rule 7.1 of the Model Rules of Professional Conduct.
• Must avoid creating unjustified expectations.
• Requires context and disclaimers when discussing past results.
• Focus on the overall impression created by the communication.

Memory trick: Advertising must be clear, not cleverly misleading.

Lawyers have a professional responsibility to provide legal services to those unable to pay, often referred to as pro bono (for the public good) service.

• Encouraged by ethical rules (Model Rule 6.1).
• Does not relieve the lawyer of other ethical duties (e.g., competence, confidentiality).
• Can be provided without expectation of a fee.

Memory trick: Beyond the bill, ethical duties still fill.

A lawyer or a law firm may sell or purchase a law practice, including goodwill, if certain conditions are met, primarily to ensure client protection and continuity of representation.

• Governed by Model Rule 1.17.
• Must sell the entire practice or entire area of practice.
• Seller must cease practice (or area) in the jurisdiction.
• Written notice to clients required (right to consent, take files, or hire new counsel).

Memory trick: Selling a practice requires client care, not just a cash share.

Lawyers with supervisory authority over non-lawyer assistants must make reasonable efforts to ensure that the assistant's conduct is compatible with the professional obligations of the lawyer, including adequate instruction, training, and review of their work.

• Governed by Model Rule 5.3.
• Lawyer is responsible for the assistant's conduct if they order or ratify it.
• Lawyer must ensure non-lawyer's work adheres to professional standards.
• Includes tasks like legal research, drafting, and client communication.

Memory trick: The lawyer's oversight is the staff's guiding light.

A lawyer must not assist a non-lawyer in activities that constitute the unauthorized practice of law.

• Includes sharing fees with non-lawyers, forming partnerships with non-lawyers for law practice, or enabling non-lawyers to provide legal services directly to the public.
• Reviewing documents prepared by non-lawyers for the public can be UPL assistance if the non-lawyer firm is essentially practicing law.
• The lawyer must maintain direct control over the legal services and client relationship.

Memory trick: Don't lend your license to a non-lawyer's venture, avoid disciplinary censure.

Client testimonials are permissible in lawyer advertising, but must not be false, misleading, or create unjustified expectations about the results a lawyer can achieve.

• Implied or explicit guarantees of success are prohibited.
• Testimonials should not compare a lawyer's services to others without substantiation.
• Disclaimers may be required for certain types of testimonials.

Memory trick: Ad content must be clear and true, no false hopes for me and you.

Some jurisdictions allow lawyers licensed elsewhere to serve as in-house counsel for an organizational employer without local admission, often requiring registration with the local bar.

• Practice is limited to the employer's affairs.
• Does not authorize practice for the general public.
• Compliance with specific jurisdictional requirements (e.g., registration) is mandatory.

Memory trick: In-house, in-bounds, if you register for all rounds.

Lawyer communications about services must not contain material misrepresentations of fact or law, or omit facts making them materially misleading.

• Applies to all forms of advertising and solicitation.
• Subjective terms like 'expert' must be supported by actual qualifications/experience.
• Actual client harm is not required for a violation.

Memory trick: Truth in ads, no misleading fads, keeps the bar from getting mad.

Lawyers have an ethical duty to cooperate with disciplinary authorities in their investigations, including responding truthfully to lawful demands for information.

• Applies even if the lawyer believes the complaint is without merit.
• Failure to cooperate can be an independent ground for discipline.
• The duty extends to both admissions and disciplinary authorities.

Memory trick: Post-admission, stay in line, or face the bar's design.

A communication about a lawyer's services is misleading if it is likely to create an unjustified expectation about results the lawyer can achieve.

• Applies even if the statements are literally true.
• Context and omitted information are crucial in determining if an expectation is unjustified.
• Common in advertising claims of 'winning record' or 'best results'.

Memory trick: Truth, not just facts, prevents misleading advertising traps.

A lawyer shall not use information relating to the representation of a former client to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known.

• Duty of confidentiality extends beyond the termination of representation.
• Prohibits using information to the former client's disadvantage.
• Exceptions: informed consent, generally known information, or as permitted by rules (e.g., to prevent crime).

Memory trick: Past clients' secrets, like old treasures, stay locked away, not for new battles to play.

A lawyer must not knowingly make a false statement of fact or law to a tribunal, fail to correct a false statement previously made, or offer evidence the lawyer knows to be false.

• Duty applies to all proceedings.
• Includes a duty to disclose adverse legal authority.
• Requires honesty about facts and law.

Memory trick: Always be 'CANDOR' to the court, for justice is the 'TRIBUNAL's' reward.

Lawyers have a duty to ensure the impartiality of the jury and must take appropriate steps to challenge prospective jurors who demonstrate bias.

• Challenge for cause when bias is evident.
• Peremptory challenges used for strategic reasons.
• Goal is a fair and impartial jury.

Memory trick: Bias on a shirt? Challenge for cause, assert your right!

A lawyer must not seek to influence a judge, juror, prospective juror or other official by means prohibited by law, and has a duty to report improper juror conduct to the court.

• Duty to uphold integrity of the judicial process.
• Report issues affecting juror impartiality/ability to serve.
• Actions must be discreet and through the judge.

Memory trick: Judges, Jurors, Justice: Keep Them Clean.

A lawyer must not knowingly make a false statement of law to a tribunal, nor fail to disclose legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.

• Applies to statements of law and fact.
• Duty to correct misapprehensions by the court.
• Duty to disclose adverse controlling legal authority.

Memory trick: For the 'COURT's' true 'UNDERSTANDING', 'CANDOR' is the 'LAW'yer's guiding star.

A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding must disclose their representative capacity and conform to specific candor and fairness rules.

• Must identify client and representative capacity.
• Bound by rules against making false statements and failing to disclose material facts.
• Goal is to inform, not to mislead, even when advocating for a position.

Memory trick: In legislative halls, candor calls, no half-truths to enthrall, lest ethical standards fall.

Lawyers must zealously advocate for their clients' interests within the bounds of the law and ethical rules, using all available legal and ethical means.

• Duty to represent client competently and diligently.
• Must not engage in frivolous claims or contentions.
• Includes using impeachment evidence effectively.

Memory trick: Advocate for your client, but always within the law's light.

A lawyer must not unlawfully obstruct another party's access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value. Lawyers also must not make frivolous discovery requests or fail to make reasonably diligent efforts to comply with proper discovery requests.

• Prohibits abusive discovery tactics.
• Requires good faith in discovery.
• Protects against harassment and undue burden.

Memory trick: In 'DISCOVERY', be 'FAIR' to all, lest the 'OPPONENT' cry foul.

A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless the testimony relates to an uncontested issue, relates to the nature and value of legal services, or disqualification of the lawyer would work substantial hardship on the client.

• Generally prohibits lawyer from being both advocate and necessary witness.
• Aims to prevent jury confusion and avoid conflicts.
• Limited exceptions exist.

Memory trick: Advocate or witness, choose one path, don't mix the roles and risk a wrath.

Lawyers must not unlawfully obstruct another party's access to evidence or alter, destroy, or conceal material having potential evidentiary value.

• Duty not to obstruct access to evidence.
• Duty not to falsify evidence.
• Duty not to counsel or assist a witness to testify falsely.

Memory trick: Discovery's fairness means no hiding, just finding truth, not just winning.

Lawyers must diligently seek discoverable information and, when faced with non-compliance, may seek judicial intervention to compel discovery.

• Duty to conduct discovery diligently.
• Opposing counsel must respond to discovery in good faith.
• Motions to compel are used to enforce discovery obligations.

Memory trick: Request, Negotiate, then Compel to get your data.

A prosecutor has a special duty to seek justice, not merely to convict, and must make timely disclosure of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.

• Duty to disclose exculpatory and mitigating evidence.
• Must not prosecute a charge without probable cause.
• Should not seek to obtain from an unrepresented accused a waiver of important pretrial rights.

Memory trick: A 'PROSECUTOR' must always pursue 'JUSTICE', never just a win.

Lawyers have a duty to protect the impartiality of the tribunal and must take appropriate action if they observe judicial misconduct or bias.

• Prohibits ex parte communications with judicial officers.
• Lawyers must not seek to influence judges by improper means.
• Must address observed judicial bias or misconduct through appropriate legal channels.

Memory trick: Bias in court? Disqualify, don't just pout!

Lawyers must maintain a respectful attitude toward the court and avoid undignified or discourteous conduct toward participants in litigation.

• Duty to uphold the dignity and authority of the court.
• Avoid personal attacks or disparagement of opposing counsel/parties.
• Must object to and seek court intervention for misconduct.

Memory trick: Respect the court, object to disrespect, keep the proceedings neat.

A lawyer shall not knowingly offer evidence that the lawyer knows to be false. If a lawyer has reason to believe evidence is false, they must take reasonable remedial measures.

• Do not offer evidence known to be false.
• If reasonable belief of falsity, may refuse to offer.
• Duty to disclose adverse legal authority.

Memory trick: Offer with belief, disclose the doubt, let the court sort it out.

A lawyer must not knowingly make a false statement of material fact or law to a tribunal, or fail to correct a false statement of material fact or law previously made, even in settlement conferences.

• Duty applies even when client instructs silence.
• Extends to settlement conferences where tribunal is involved.
• Prevents lawyers from assisting in client fraud or misrepresentation.

Memory trick: Truthful Tribunals Ensure Just Outcomes.

Lawyers must maintain the impartiality and decorum of the tribunal, avoiding conduct that could influence or appear to influence jurors or disrupt proceedings.

• Prohibits ex parte communications with jurors.
• Requires respect for the court and its processes.
• Applies to interactions with court personnel and witnesses.

Memory trick: To keep the 'COURT' fair, watch for 'IMPARTIALITY' like a hawk, and keep 'DECORUM' in check.

A lawyer must not knowingly offer evidence that the lawyer knows to be false. If a lawyer knows that false evidence has been offered, the lawyer must take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

• Duty to prevent and correct false evidence.
• Applies immediately upon knowledge of perjury.
• Confronting the witness is a valid remedial measure.

Memory trick: No Lies in Court, Fix It on the Spot.

Lawyers must not engage in discovery practices that are unduly burdensome, harassing, or intended to delay or increase litigation costs.

• Duty to respond to discovery in good faith.
• Must object to improper requests.
• Encouraged to resolve discovery disputes informally.

Memory trick: Object, Negotiate, then if needed, Litigate.

A prosecutor must timely disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.

• Applies to all exculpatory or mitigating evidence.
• Disclosure must be timely.
• Duty is independent of prosecutor's belief in its veracity.

Memory trick: Justice for All, Not Just Convictions.

A lawyer participating in a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

• Prohibits statements likely to cause material prejudice.
• Specific 'safe harbor' statements are allowed (e.g., claim/defense, public record).
• Remedies for prejudicial publicity often involve judicial intervention.

Memory trick: Press harms? Seek venue change, calm the storm.

A lawyer shall not participate in offering or making an employment agreement or a settlement agreement that restricts the lawyer's right to practice after termination of the relationship.

• Prohibits agreements restricting a lawyer's future practice.
• Applies to settlement agreements.
• Aims to ensure clients can choose lawyers freely and lawyers can use their experience.

Memory trick: Don't tie your future practice, even for a client's gain.

A lawyer participating in a case shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

• Prohibits statements likely to prejudice a proceeding.
• Covers details, strategy, and opinions on outcome.
• Applies to public communication, including interviews.

Memory trick: Silence the Scales, Let Justice Speak.

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.

• Includes good faith arguments for extension, modification, or reversal of existing law.
• Does not require a lawyer to have personal knowledge of the facts.
• Prohibits knowingly advancing claims without factual or legal basis.

Memory trick: For a claim to be sound, a good faith 'why' must be found, not just a wild guess unbound.

A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This includes refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause.

• Must not prosecute without probable cause.
• Must make timely disclosure of exculpatory evidence.
• Seek to remedy convictions based on false evidence.

Memory trick: Justice first, advocacy second, for the prosecutor's true quest.

When a lawyer reasonably believes a client has diminished capacity and is at risk of substantial physical, financial, or other harm, the lawyer may take reasonably necessary protective action, while maintaining a normal client-lawyer relationship as far as possible.

• Maintain normal client-lawyer relationship as much as possible.
• Protective action is only for substantial harm risk.
• Consulting family/advisors is a less restrictive protective action.

Memory trick: Protect, Preserve, Consult – Don't Just Quit or Control.

Statements regarding acceptable prices, settlement values, or a party's intentions in a negotiation are generally considered 'puffery' or negotiation ploys, and not false statements of material fact under Rule 4.1.

• Rule 4.1 prohibits false statements of material fact.
• Comments to Rule 4.1 define what is NOT a material fact.
• Price estimates, settlement intentions are examples of permissible puffery.

Memory trick: Negotiation talk can inflate, if it's not a material state.

When an attorney receives a document that they know or reasonably should know was inadvertently sent and is privileged, the attorney has an ethical duty to promptly notify the sender.

• Applies if the document is related to the representation.
• Knowledge or reasonable knowledge of inadvertent sending is key.
• The primary duty is notification, not necessarily return or destruction.

Memory trick: Accidental reveal, notification is the deal.

A lawyer practices law in a jurisdiction where they are not licensed if they establish an office or other systematic and continuous presence for the practice of law there.

• Opening an office is a clear indicator.
• Accepting clients who reside solely in the new state is often a factor.
• Requires bar admission in the new jurisdiction to be permissible.

Memory trick: No map, no practice, or you're caught in a trap.

Lawyers are generally prohibited from forming partnerships with non-lawyers if any of the activities of the partnership constitute the practice of law, to preserve the lawyer's professional independence.

• Aims to protect professional independence and client interests.
• Prevents non-lawyers from having control over a lawyer's professional judgment.
• Also prohibits sharing legal fees with non-lawyers (with limited exceptions).

Memory trick: Independence: Your judgment is yours, not theirs.

A judge must disqualify herself from a proceeding if her impartiality might reasonably be questioned due to personal circumstances that could affect her ability to be fair and unbiased.

• Applies when impartiality is 'reasonably questioned'.
• Includes personal circumstances like family illness.
• Requires disclosure to parties and arrangement for substitute.

Memory trick: When life hits hard, the judge's bench must stay guarded.

A lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer or as an arbitrator, mediator, or other third-party neutral, unless all parties to the proceeding give informed consent, confirmed in writing.

• Applies to lawyers who acted as neutral third parties.
• Prohibits representation in the 'same matter' where they participated personally and substantially.
• Conflict is imputed to the firm unless the lawyer is screened, receives no part of the fee, and written notice is given to the appropriate tribunal and parties.

Memory trick: Mediators can't switch sides on the same dispute.

An attorney cannot counsel a client to engage in, or assist a client in, conduct the attorney knows is criminal or fraudulent. If the client insists on such conduct, the attorney must withdraw from representation.

• Applies to future or ongoing criminal/fraudulent acts.
• Attorneys have a duty to advise against such conduct.
• Mandatory withdrawal is required if the client persists.

Memory trick: Fraudulent plans, lawyer disbands.

While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by the rules concerning duties to former clients (Rule 1.9), unless the personally disqualified lawyer is timely and effectively screened from any participation in the matter and receives no part of the fee, and written notice is promptly given to the affected former client.

• A conflict of one lawyer in a firm is generally imputed to all lawyers in the firm.
• Imputation can sometimes be avoided by timely and effective screening of the disqualified lawyer.
• Screening requires no sharing of confidential information, no participation in the matter, and no share of the fee, with written notice to the former client.

Memory trick: A firm can use a 'firewall' (screen) to isolate a conflicted lawyer.

Judges may engage in extrajudicial activities, including civic, charitable, educational, religious, social, financial, fiduciary, and governmental activities, provided they do not interfere with judicial duties or demean the office.

• Permitted if not incompatible with judicial office.
• Must not interfere with judicial duties.
• Must not demean the judicial office.
• Can participate in community events.

Memory trick: Outside the court, a judge's part must be smart, not a dart.

A concurrent conflict of interest exists if there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a personal interest of the lawyer.

• Includes interests of close family members (e.g., spouse, parent, child, sibling).
• Focus is on whether the personal interest creates a significant risk of materially limiting the lawyer's ability to act in the client's best interest.
• Such conflicts are often consentable if the lawyer reasonably believes they can still provide competent and diligent representation and the client gives informed consent.

Memory trick: Don't let family ties or your own wallet sway your client's fight.

Attorney-client privilege can extend to communications involving third parties if they are agents of the attorney or client, and their presence is for the purpose of facilitating the rendition of legal services.

• Privilege protects confidential communications for legal advice.
• Third parties must be agents, necessary for the communication.
• Mere presence of a third party generally waives privilege unless an exception applies.

Memory trick: Privilege's Circle: Client, Lawyer, and Their Needed Agents.

A lawyer is prohibited from negotiating for or acquiring literary or media rights to a portrayal or account based in substantial part on information relating to the representation, prior to the conclusion of the representation.

• Prohibition applies *before* the conclusion of the representation.
• Creates an impermissible conflict of interest.
• Lawyer's interest could diverge from client's legal objectives.

Memory trick: No Book Deals Before the Case Appeals!

A concurrent conflict of interest arises when a lawyer's representation of one client would be directly adverse to another client, or when there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a personal interest.

• A lawyer cannot represent a client if it involves using confidential information against a current client.
• Duty of loyalty and confidentiality to one client prevents effective representation of another.
• Some conflicts are non-consentable if the lawyer cannot objectively represent both clients.

Memory trick: Confidential plans can't be shared or used, it's a loyalty blockade.

A lawyer may communicate with a former employee of an organization represented by counsel without the consent of the organization's lawyer, unless the former employee is personally represented by counsel in the matter.

• Rule 4.2 generally prohibits contact with represented persons.
• This prohibition does not extend to former employees.
• Exception: If the former employee is personally represented, Rule 4.2 applies.

Memory trick: Former staff are free to chat, no lawyer's gate to bat.

Admission pro hac vice (for this turn only) is a discretionary privilege granted by a court, not a right, and can be denied by the judge.

• Allows out-of-state attorneys to appear in a specific case.
• Requires court approval.
• Granting or denial is at the discretion of the court.

Memory trick: Pro Hac Vice: Privilege, not a permanent pass.

The duty of confidentiality generally extends to a client's past criminal conduct revealed to the attorney, even if the crime was never punished. This confidentiality is a cornerstone of the attorney-client relationship.

• Covers information 'relating to the representation' regardless of source.
• Applies even to past crimes for which the client was not prosecuted.
• Exceptions typically involve preventing future harm, not reporting past, completed acts.

Memory trick: Past secrets, present trust, future protect.

A lawyer admitted in one U.S. jurisdiction may represent clients in federal courts or before federal agencies regardless of whether they are licensed in the state where the federal body is located.

• Applies to federal courts and agencies.
• Requires admission to practice in at least one U.S. jurisdiction.
• Does not require local state bar admission for the federal matter.

Memory trick: Federal courts don't care about state gates.

Lawyers must not obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value. However, lawyers are generally not required to volunteer adverse information to an opposing party if it is discoverable through due diligence.

• Cannot obstruct access to evidence.
• Cannot unlawfully alter or conceal evidence.
• No general duty to disclose adverse information discoverable by the opponent.

Memory trick: Fairness means no obstruction, not free evidence.

Lawyers must maintain the impartiality and decorum of the tribunal, refraining from conduct intended to disrupt proceedings or disparage the court.

• Prohibits conduct prejudicial to the administration of justice.
• Includes remarks about judges or the judicial process.
• Lawyers have a duty to encourage professional conduct from others.

Memory trick: When colleagues stray, professional dialogue is the first way.

A prosecutor has a special responsibility to seek justice, which includes the duty to investigate credible information that may lead to exculpatory evidence or affect witness credibility.

• Duty extends beyond merely presenting evidence found.
• Must investigate information that could be favorable to the defense.
• Aims to ensure a fair trial and prevent wrongful convictions.

Memory trick: Justice-seeking prosecutors diligently investigate all credible leads.

Lawyers must maintain a professional and respectful demeanor in court, treating judges, jurors, and other participants with courtesy and dignity.

• Avoid undignified or discourteous conduct.
• Respect the authority and impartiality of the tribunal.
• Applies to all interactions within the courtroom and related proceedings.

Memory trick: Respectful advocates ensure court dignity.