Multistate Professional Responsibility Examination (MPRE)Regulation of the Legal ProfessionEasy
Attorney Jessica, licensed in State Q, drafts a will for her elderly neighbor, Mr. Henderson, free of charge as a gesture of goodwill. Mr. Henderson is a long-time friend of Jessica's family and explicitly stated he did not want to pay for the service. Is Jessica's conduct ethical?
- ANo, unless she obtains a waiver from Mr. Henderson acknowledging that she is providing the service without a fee.
- BYes, provided she ensures the will accurately reflects Mr. Henderson's wishes and meets all legal requirements.
- CNo, because drafting a will is a complex legal service that should always involve a formal engagement and fee.
- DYes, because lawyers are permitted to provide pro bono legal services.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because lawyers are permitted to provide pro bono legal services.
Lawyers have a professional responsibility to provide legal services to those unable to pay. Providing pro bono services, such as drafting a will free of charge, is not only ethical but encouraged, provided the lawyer still adheres to all other ethical duties like competence and diligent representation.
Why the other options are wrong
- A. No specific waiver of fee is required for pro bono work; the client simply accepting the free service is sufficient.
- B. While ensuring accuracy and legal requirements are met is part of competent representation, it's not the primary reason why providing the service free of charge is ethical. The core idea is the allowance for pro bono work.
- C. The complexity of the service does not prohibit pro bono work; it simply requires the lawyer to be competent.
Pro Bono Publico Service
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.