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Multistate Professional Responsibility Examination (MPRE) practice questions

221 free questions with answers and explanations.

Practice test
  1. 201.Attorney Chen is representing a plaintiff in a complex commercial litigation case against a large corporation. During discovery, Chen's paralegal inadvertently receives an email clearly marked 'PRIVILEGED AND CONFIDENTIAL - ATTORNEY-CLIENT COMMUNICATION' from the opposing counsel. The email contains sensitive legal strategy discussions between the corporation's in-house counsel and its CEO. What is Chen's ethical obligation upon discovering the nature of this email?Transactions and Communications with Persons Other Than Clients
  2. 202.Attorney Chen represents a client, Mr. Davies, in a highly contentious civil dispute. During a confidential meeting, Mr. Davies reveals to Chen that he previously committed a felony unrelated to the current civil dispute, for which he was never caught or prosecuted. Mr. Davies explicitly states that he does not want this information disclosed to anyone. Subsequently, a new law is enacted that would make it mandatory for attorneys to report all past, unprosecuted felonies revealed by clients, regardless of when they occurred or their relevance to ongoing matters. What is Attorney Chen's ethical obligation regarding Mr. Davies's past felony revelation?Client Confidentiality
  3. 203.Attorney Lee represents a client, Ms. Chen, in a complex real estate transaction. During a strategy meeting, Ms. Chen shares highly sensitive financial documents and business plans with Lee, emphasizing their proprietary nature. Lee uses a secure, encrypted cloud storage service to store these documents, which is widely recognized in the legal industry for its robust security protocols. However, the service provider's terms of service state that in the event of a valid subpoena, they may be compelled to provide access to stored data. Has Attorney Lee violated the duty of confidentiality?Client Confidentiality
  4. 204.Attorney Smith, licensed only in State A, is asked by a long-standing client, a corporation headquartered in State A, to represent them in a complex federal regulatory matter. The matter involves filings and appearances before a federal agency in Washington D.C., where Attorney Smith is not licensed. Attorney Smith flies to D.C., prepares and files the necessary documents, and appears at hearings on behalf of his client. Is Attorney Smith's conduct permissible?Regulation of the Legal Profession
  5. 205.A lawyer representing a client in a civil personal injury case is preparing for a deposition of a key witness. The lawyer knows that the witness has a past criminal conviction for embezzlement, which is admissible for impeachment purposes. The opposing counsel has not yet discovered this conviction. The lawyer also knows that the witness is generally truthful and the conviction is unrelated to the current case. What is the lawyer's ethical obligation regarding this information?Litigation and Other Forms of Advocacy
  6. 206.A lawyer is representing a client in a contentious divorce proceeding. During a break in a deposition, the opposing counsel makes several disparaging remarks about the judge presiding over the case, including personal attacks on the judge's character and competence. The lawyer does not participate in these remarks but overhears them. What is the lawyer's ethical obligation regarding the opposing counsel's conduct?Litigation and Other Forms of Advocacy
  7. 207.A prosecutor is handling a high-profile criminal case involving an alleged conspiracy. During the investigation, the prosecutor receives an anonymous tip suggesting that a key witness for the prosecution has a significant, undisclosed incentive to testify, beyond what has been disclosed to the defense. The tip includes details that, if true, could undermine the witness's credibility. The prosecutor has not yet independently verified the tip. What is the prosecutor's most appropriate ethical obligation?Litigation and Other Forms of Advocacy
  8. 208.During a contentious trial, a lawyer representing the defendant becomes increasingly frustrated with the judge's rulings, which the lawyer believes are consistently biased against their client. During a sidebar conference, out of earshot of the jury, the lawyer states to the judge, 'Your Honor, your consistent rulings against my client are making a mockery of justice and demonstrate a clear prejudice. This court is clearly biased.' What ethical rule has the lawyer most likely violated?Litigation and Other Forms of Advocacy
  9. 209.A lawyer representing a plaintiff in a medical malpractice case learns during discovery that a key medical expert witness, previously disclosed to the defense, has a minor, non-disqualifying conflict of interest that was inadvertently overlooked. The conflict does not affect the expert's impartiality or the substance of their testimony. What is the lawyer's most appropriate course of action regarding this conflict?Litigation and Other Forms of Advocacy
  10. 210.Attorney Chen, a senior partner in a law firm, oversees a team of junior associates and paralegals. Chen is aware that one of the paralegals, despite repeated instructions, frequently handles client funds in a manner that deviates from the firm's established accounting procedures and ethical guidelines, potentially commingling funds. Chen has verbally reprimanded the paralegal but has not taken any further action to ensure compliance. Is Chen subject to discipline?Transactions and Communications with Persons Other Than Clients
  11. 211.A lawyer represents a plaintiff in a complex civil fraud case. During the trial, the lawyer becomes aware that a key witness for the plaintiff, who has already testified, committed perjury regarding a material fact. The lawyer confronts the witness, who admits to lying on the stand. What is the lawyer's primary ethical obligation in this situation?Litigation and Other Forms of Advocacy
  12. 212.A lawyer is representing a client in a contentious administrative hearing. During a break, the lawyer observes the presiding administrative law judge (ALJ) having an extended, apparently cordial, private conversation with the opposing counsel in a hallway, out of earshot. The lawyer has no other information about the content of the conversation. What is the lawyer's MOST appropriate initial action?Litigation and Other Forms of Advocacy
  13. 213.Attorney Neil, licensed only in State X, is approached by a client, Mr. Jones, who needs legal representation in a complex intellectual property dispute. The dispute involves a patent infringement claim that will be litigated exclusively in a federal district court located in State Y. Neil has extensive experience in intellectual property law but is not admitted to practice in State Y, nor is he admitted to any federal court bar. Neil contacts a colleague, Attorney Olivia, who is licensed in State Y and admitted to practice in the federal district court in State Y. Olivia agrees to sponsor Neil for admission pro hac vice in the federal court for this specific case. Neil plans to handle the majority of the legal work, including drafting pleadings, conducting discovery, and arguing motions, under Olivia's general supervision. Is Neil's proposed course of action permissible under the Model Rules of Professional Conduct?Regulation of the Legal Profession
  14. 214.A lawyer is representing a client in a civil personal injury case. During the discovery phase, the opposing counsel sends a document request that asks for all communications between the client and anyone regarding the accident, including privileged attorney-client communications. What is the lawyer's appropriate response?Litigation and Other Forms of Advocacy
  15. 215.A prosecutor is handling a high-profile criminal case. During the investigation, the prosecutor obtains several pieces of evidence that could be considered exculpatory or mitigating for the defendant. The prosecutor believes that disclosing all of this evidence might weaken the state's case significantly. What is the prosecutor's ethical obligation regarding this evidence?Litigation and Other Forms of Advocacy
  16. 216.A lawyer is representing a client in a civil appeal before a three-judge panel. During oral arguments, the lawyer cites a recent appellate court decision that supports the client's position. The lawyer is aware of a very recent, directly controlling Supreme Court decision that effectively overrules the appellate court case cited, but the Supreme Court decision has not yet been widely published and is not cited by opposing counsel. What is the lawyer's ethical obligation regarding the Supreme Court decision?Litigation and Other Forms of Advocacy
  17. 217.A lawyer is representing a client in a criminal trial. During jury selection, the lawyer observes a prospective juror overtly nodding in agreement with every statement made by the prosecutor and making eye contact with the prosecutor while pointedly avoiding the defense table. The lawyer has no other concrete evidence of bias. What is the lawyer's MOST appropriate action?Litigation and Other Forms of Advocacy
  18. 218.A lawyer is representing a client in a complex commercial litigation. During the trial, it becomes apparent that the lawyer's partner, who is not involved in the case, was a minor, non-essential witness to a side event related to the dispute several years ago. The partner's testimony would be brief, factual, and would not prejudice the client's case. The opposing counsel has indicated they might call the partner as a witness. Under the 'Lawyer as Witness' rule, what is the most appropriate action for the lawyer?Litigation and Other Forms of Advocacy
  19. 219.A lawyer represents a plaintiff in a civil lawsuit. During a court-ordered mediation session, the mediator suggests a settlement amount that the lawyer believes is significantly below the true value of the case. The client, however, indicates a strong desire to accept the settlement to avoid further litigation. What is the lawyer's primary ethical obligation in this situation?Litigation and Other Forms of Advocacy
  20. 220.Attorney Smith is representing a client in a contentious divorce proceeding. Smith knows that the opposing party, Ms. Jones, is represented by Attorney Williams. Smith wishes to obtain certain financial information directly from Ms. Jones, believing she will be more forthcoming if Williams is not present. Smith schedules a meeting with Ms. Jones, informing her that Williams is welcome to attend, but not explicitly requiring Williams's presence or ensuring Williams is aware of the meeting. During the meeting, Smith obtains the desired information. Has Smith violated a professional conduct rule?Transactions and Communications with Persons Other Than Clients
  21. 221.Attorney Patel represents a plaintiff in a civil lawsuit. During a break in a deposition, Patel approaches the defendant, who is unrepresented by counsel in the matter, and says, 'I encourage you to settle this case quickly. My client's evidence is overwhelming, and you will surely lose at trial, incurring significant legal fees.' Patel does not advise the defendant to seek independent legal counsel. Did Patel violate a professional responsibility rule?Transactions and Communications with Persons Other Than Clients