Multistate Professional Responsibility Examination (MPRE) flashcards

Lawyers must be truthful in their statements to the court and opposing counsel, and disclose material facts necessary to avoid assisting a criminal or fraudulent act by the client, or to correct a false impression.

• Duty to disclose material facts to the tribunal.
• Duty to correct false statements of fact or law.
• Applies even if the information is adverse to the client's position.

Memory trick: Truthful Lawyers Always Disclose Known Facts.

A lawyer having direct supervisory authority over a nonlawyer assistant must make reasonable efforts to ensure that the nonlawyer's conduct is compatible with the professional obligations of the lawyer. This includes taking reasonable remedial action when the lawyer knows of misconduct.

• Direct supervisory authority triggers the duty.
• Must ensure nonlawyer conduct is compatible with lawyer's professional obligations.
• Requires taking reasonable remedial action when misconduct is known.

Memory trick: Supervisors must 'Control' nonlawyers, or face 'Consequences' themselves.

A lawyer must not knowingly offer false evidence and must take reasonable remedial measures, including disclosure, if the lawyer learns that material evidence offered by the lawyer is false.

• Duty applies regardless of client's wishes.
• Overrides duty of confidentiality.
• Remedial measures may include remonstrating with the client/witness, withdrawing, or disclosure to the court.

Memory trick: False evidence uncovered? Rectify it, or face the court's scrutiny.

Lawyers have a duty to ensure the impartiality of the tribunal. If a lawyer observes conduct by a judge that creates an appearance of impropriety, the lawyer should raise the concern on the record.

• Judges must avoid actual and apparent impropriety.
• Lawyers must act to preserve the integrity of the judicial process.
• Addressing concerns on the record is a crucial first step.

Memory trick: Judicial chats out of sight? Bring it to light, on the record, for what's right.

An attorney not licensed in a state may practice law exclusively in a federal court within that state if admitted to the bar of that federal court, including through pro hac vice admission.

• Federal courts have independent admission rules.
• Admission pro hac vice allows temporary practice for a specific case.
• This exception overrides state UPL rules for federal court matters.

Memory trick: Federal courts open their doors to specialized cases.

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 regardless of perceived impact on state's case.
• Includes both exculpatory and mitigating evidence.
• Duty is proactive and continuing.

Memory trick: Prosecutors illuminate the truth, even if it dims their case.

A lawyer shall not knowingly fail to disclose to the tribunal 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 'controlling' legal authority.
• Must be 'directly adverse' to the client's position.
• Only required if 'not disclosed by opposing counsel'.

Memory trick: Adverse controlling law must be shown, not hidden.

A lawyer has a duty to ensure the impartiality of the jury. If there is a reasonable suspicion of juror bias, the lawyer should take appropriate steps to address it, typically by requesting further inquiry by the court.

• Lawyers must identify and address potential juror bias.
• Behavior, even if subtle, can indicate bias.
• Further questioning by the court is often the first step to establish bias.

Memory trick: Subtle juror cues need careful court review.

A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. A lawyer in a firm ordinarily shall not act as advocate in a trial in which another lawyer in the firm is likely to be called as a witness if it would present a conflict of interest for the client.

• Applies if the lawyer (or firm member) is a 'necessary' witness.
• Rule is generally imputed to the firm unless testimony would not be adverse to client.
• Exceptions exist for uncontested issues, nature and value of legal services, or substantial hardship to client.

Memory trick: Advocate's mouth, witness's truth, rarely both.

A lawyer must abide by a client's decision whether to settle a civil matter, after providing competent advice and explaining the implications of the decision.

• Client makes ultimate decision on settlement.
• Lawyer must provide informed counsel.
• Lawyer cannot override client's settlement decision.

Memory trick: Client's choice, lawyer's voice—advice given, decision their own.

A lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

• Applies when lawyer knows person is represented.
• Requires consent of the other lawyer.
• Prohibits direct or indirect communication on the subject of representation.
• Exceptions: court order, authorized by law.

Memory trick: Don't talk to the represented; go through their lawyer, or you're out!