MPRE Exam Pack (New)

MPRE Exam Pack A lawyer or law firm may sell or purchase a law practice or area of a law practice, including goodwill, if: 1. the seller ceases to practice law entirely or within a geographic area or jurisdiction; 2. written notice is given to the clients regarding the proposed sale, the clients' right to seek other counsel, and the fact that consent to the transfer of files will be presumed if no action is taken by a client w/in 90 days. If a client cannot be given notice, the representation of that client may be transferred to the purchaser only on entry of an order so authorizing by a court having jurisdiction; 3. the entire practice or area of practice is sold to one or more lawyers or law firms; and 4. client fees are not increased due to the sale Types of discipline for "must" rules (1) Private or public reprimand/censure; (2) suspension for finite period; (3) disbarment Requirements on you when you apply to the bar (1) Duty to fully cooperate; (2) truth and full disclosure What is your duty when you know another lawyer is violating the rules? (1) Report what you know (unless it is protected as a confidence or privilege); and (2) Must be available to testify against the lawyer (cannot report anonymously) When can you practice temporarily in another state? (1) Associate with an active local lawyer; (2) obtain special permission called pro hac vice; (3) mediation or arbitration arising out of home-state practice; (4) anything reasonably related to lawyer's home-state practice (i.e., negotiate terms for real estate deal) When can you practice permanently in another state? (1) Lawyer employed by her only client with many offices (Macy's corporate atty); (2) legal services authorized by federal or local law (atty admitted to patent practice) When is a supervisor responsible for acts of a (1) Supervisor knew of misconduct at a time when consequences could have been avoided or mitigated