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  • MPRE 2024 Exam Questions and Verified Answers

MPRE 2024 Exam Questions and Verified Answers

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MPRE 2024 Exam Questions and Verified Answers 1. ADMISSION REQUIREMENTS (8.1): Must be *rationally related* to the practice of law, e.g.: 1. Graduation from accredited law school 2. Oath to uphold the constitution 3. Good moral character To result in rejection, the misconduct must involve *moral turpitude*: i. Crimes involving intentional dishonesty ii. Crimes of violence iii. Lying is always moral turpitude even if not crime Requirements That Are *NOT* Rational 1. Citizenship 2. Residency When making character and fitness application, you 1. Cannot knowingly make *false statements* of material fact 2. Must *respond* to all requests for information 3. Must *correct* any misapprehensions But NOT required to disclose *confidential information*. 2. DUTY TO REPORT MISCONDUCT OF OTHERS (8.3): Mandatory Reporting of Violation 1.Violation raises substantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice. When Reporting Is NOT Mandatory 1. Question raised was not substantial 2. Suspect violation, but don't know EXCEPTIONS to Mandatory Reporting 1.Violation of duty of confidentiality to a client 2. Learned of violation in lawyer's assistance program (substance abuse programs) 3. When Reporting Profession Misconduct IS Mandatory: Violation raises sub- stantial question as to lawyer's *honesty, trustworthiness*, or *fitness* to practice. 4. When Reporting Profession Misconduct Is NOT Mandatory: 1. Question raised was not substantial 2. Suspect violation, but don't know 5. EXCEPTIONS to Mandatory Reporting of other attorney misconduct: 1.Vio- lation of duty of confidentiality to a client 2. Learned of violation in lawyer's assistance program (substance abuse programs) 6. DISCIPLINARY AUTHORITY (8.5): i. Any state where lawyer is admitted has power to discipline ii. Any state where lawyer provided or offered services 7. UNAUTHORIZED PRACTICE OF LAW (5.5): Unauthorized practice = practicing without a license. Subject to discipline for engaging in unauthorized practice or *assisting* someone else in unauthorized practice. Practice of Law 1. Appearing at judicial proceeding 2. Drafting documents 3. Negotiating settlements 4. Giving legal advice 8. What is the "Practice of Law"?: 1. Appearing at judicial proceeding 2. Drafting documents 3. Negotiating settlements 4. Giving legal advice 9. What is NOT the "Practice of Law"?: 1. Interviewing people 2. Filling in forms 3. Preparing tax returns *NOTE*: Appearing pro se is NOT unauthorized practice! A lawyer can help some- one do that. 10. MULTI-JURISDICTIONAL PRACTICE (8.5): Methods of *Temporary* Out-of-State Practice 1. *Associate* with locally licensed attorney 2. Admission *pro hac vice* (for this matter only) 3. *Mediation* or *arbitration* 4. Matter *reasonably related* to home state practice *Permanent* Out-of-State Practice 1.*In-house counsel* and *government lawyer* can engage in *nonlitigation* prac- tice across state lines 2. Lawyers in *certain restricted fields* are specifically authorized by law to practice in other states

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    MPRE 2024 Exam Questions and Verified Answers

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