THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

at test centers across the country. After

MPRE each test is administered, the MPRE

scaled score for each applicant is
reported to the jurisdiction designated by
the applicant. Because the MPRE
This publication consists of 150 requirements, including passing scores,
questions, some of which have been vary from one jurisdiction to another and
previously published in MPRE Sample change over time, applicants should
Questions V and others in MPRE check with the board(s) of bar examiners
Information Booklets. Most of these in each jurisdiction to which they intend
questions have been administered on to apply to make sure they are in
actual Multistate Professional compliance with the requirements. A list
Responsibility Examinations, although a of participating jurisdictions and
few questions are included that were not announced passing MPRE scaled scores
administered on the MPRE but were appears at the NCBE website
written as samples of the kinds of (www.ncbex.org - in the online MPRE
questions that would be included under Information Booklet) or in the current
the test specifications. The questions as a printed MPRE Information Booklet.
whole cover the eleven major topics in
the MPRE subject matter outline, MPRE application materials are available
although they do not appear in exactly at law schools or by contacting:
the same proportions as specified in the National Conference of Bar Examiners
outline. MPRE Application Department
2255 N. Dubuque Rd.
Copyright; 2002 by National Conference P.O. Box 4001
of Bar Examiners All rights reserved Iowa City, Iowa 52243-4001
Phone: 319/341-2500
www.ncbex.org or www.act.org/mpre
PREFACE DESCRIPTION OF THE MULTISTATE
PROFESSIONAL RESPONSIBILITY
The Multistate Professional EXAMINATION
Responsibility Examination (MPRE) is
assembled and administered by ACT, The purpose of the Multistate
Inc., on behalf of the National Professional Responsibility Examination
Conference of Bar Examiners. A passing (MPRE) is to measure the examinee’s
score partially fulfills the requirements knowledge and understanding of
for admission to practice law in established standards related to a
jurisdictions that require the MPRE. The lawyer’s professional conduct; thus, the
examination is administered three times MPRE is not a test to determine an
per year (March, August, and November) individual’s personal ethical values.
Lawyers serve in many capacities: for
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

example, as judges, as advocates, as administered, the statistical performance

counselors, and in other roles. The law of each test item is reviewed and
governing the conduct of lawyers in evaluated by content and testing experts
these roles is applied in disciplinary and before the items are included in the
bar admission procedures, by courts in computation of examinees’ scores. This
dealing with issues of appearance, final statistical review is conducted to
representation, privilege, disqualification, ensure that each test item is accurate and
or contempt or other censure, and in law- psychometrically sound.
suits seeking to establish liability for
malpractice or other civil or criminal The MPRE consists of 50 multiple-
wrongs committed by a lawyer while choice test items. These test items are
acting in a professional capacity. followed by 10 test center review items
that request the examinee’s reactions to
The law governing the conduct of the testing conditions. The examination
lawyers is based on the disciplinary rules is two hours and five minutes in length.
of professional conduct currently
articulated in the American Bar Test items covering judicial ethics
Association (ABA) Model Rules of measure applications of the ABA Model
Professional Conduct (MRPC) and the Code of Judicial Conduct. Other items
ABA Model Code of Judicial Conduct will deal with discipline of lawyers by
(CJC) as well as controlling state disciplinary authorities; in these
constitutional decisions and generally items, the correct answer will be
accepted principles established in leading governed by the current ABA Model
federal and state cases and in procedural Rules of Professional Conduct. The
and evidentiary rules. remaining items, outside the disciplinary
context, are designed to measure an
The MPRE is developed by a six- understanding of the generally accepted
member drafting committee comprised of rules, principles, and common law
recognized experts in the area of regulating the legal profession in the
professional responsibility. Before a test United States; in these items, the correct
item is selected for inclusion in the answer will be governed by the view
MPRE, it undergoes a multistage review reflected in a majority of cases, statutes,
process that occurs over the course of or regulations on the subject. To the
several years before the test is extent that questions of professional
administered. Besides intensive reviews responsibility arise in the context of
by the drafting committee and testing procedural or evidentiary issues, such as
specialists, each test item is reviewed by the availability of litigation sanctions or
other national and state experts. All test the scope of the attorney-client
items must successfully pass all reviews evidentiary privilege, the Federal Rules
before they are included in the MPRE. of Civil Procedure and the Federal Rules
After an MPRE examination is
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

of Evidence will be assumed to apply, a. would not subject the lawyer or

unless otherwise stated. judge to discipline;
b. is not inconsistent with1 the
As a general rule, particular local statutes Preamble, Comments, or text of
or rules of court will not be tested in the the ABA Model Rules of
MPRE. However, a specific test question Professional Conduct or the
may include the text of a local statute or ABA Code of Judicial Conduct;
rule that must be considered when and
answering that question. Amendments to c. is not inconsistent with
the MRPC or the CJC will be reflected in generally accepted principles of
the examination no earlier than one year the law of lawyering.
after the approval of the amendments by
the American Bar Association.
3. Subject to litigation sanction asks
Each question contained in the MPRE whether the conduct described in the
provides a factual situation along with a question would subject the lawyer or
specific question and four possible the lawyer’s law firm to sanction by a
answer choices. Examinees should pick tribunal such as contempt, fine, fee
the best answer from the four possible forfeiture, disqualification, or other
answer choices. Each question may sanction.
include, among others, one of the
following key words or phrases: 4. Subject to disqualification asks
whether the conduct described in the
1. Subject to discipline asks whether the question would subject the lawyer or
conduct described in the question the lawyer’s law firm to
would subject the lawyer to discipline disqualification as counsel in a civil
under the provisions of the ABA or criminal matter.
Model Rules of Professional Conduct.
In the case of a judge, the test 5. Subject to civil liability asks whether
questions also ask whether the judge the conduct described in the question
would be subject to discipline under would subject the lawyer or the
the ABA Model Code of Judicial lawyer’s law firm to civil liability,
Conduct. such as claims arising from
malpractice, misrepresentation, and
2. May or proper asks whether the breach of fiduciary duty.
conduct referred to or described in the
question is professionally appropriate 6. Subject to criminal liability asks
in that it: whether the conduct described in the
question would subject the lawyer to

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

criminal liability, for participation in, I. Regulation of the Legal Profession (8-
or aiding and abetting criminal acts, 12%)
such as prosecution for insurance or A. Inherent Powers of Courts to
tax fraud, destruction of evidence, or Regulate Lawyers
obstruction of justice. B. Admission to the Profession
C. Regulation after Admission
When a question refers to discipline by D. Maintaining Professional
the “bar,” “state bar,” or “appropriate Standards - Peer Responsibility
disciplinary authority,” it refers to the E. Unauthorized Practice
agency in the jurisdiction with the F. Fee Division with a Non-
authority to administer the standards for Lawyer
admission to practice and for G. The Law Firm
maintenance of professional competence H. Contractual Restrictions on
and integrity. Whenever a lawyer is Practice
identified as a “certified specialist,” that
lawyer has been so certified by the II. The Client-Lawyer Relationship (10-
appropriate agency in the jurisdiction in 14%)
which the lawyer practices. A. Acceptance or Rejection of
Clients
The ABA Model Rules of Professional B. Scope, Objective, and Means of
Conduct, and the ABA Model Code of the Representation
Judicial Conduct are available from the C. Within the Bounds of the Law
American Bar Association at 750 N. D. Withdrawal
Lake Shore Dr., Chicago, IL 60611 (312- E. Client-Lawyer Contracts
988-5522 or 800-285-2221) or at F. Fees
www.abanet.org/cpr.
III. Privilege and Confidentiality -
MPRE SUBJECT MATTER OUTLINE Clients and Former Clients (6-10%)
A. Evidentiary Privilege
The following subject matter outline B. Professional Obligation of
indicates the examination’s scope of Confidence
coverage and the approximate percentage C. Client-Authorized Disclosure
of items that are included in each major D. Permissible Disclosure
area. The outline is not intended to list E. Special Problems
every aspect of a topic mentioned.
Although the test items for each MPRE IV. Independent Professional Judgment -
are developed from these categories, Conflicts of Interest - Client
each topic is not necessarily tested on Consent (12-16%)
each examination. A. As Affected by Lawyer’s
Personal Interest
B. Lawyer as Witness
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

C. Acquiring an Interest in B. Lawyer as Intermediary

Litigation C. Lawyer as Evaluator
D. Entering into Business D. Lawyer as Negotiator
Transactions with Client E. Lawyer as Mediator
E. Conflicting Interests - Current F. Special Obligations of the
Clients and Former Clients Lawyer in Public Service
F. Influence by Persons Other than G. Appearances before Legislative
Client Bodies
G. Law Firm, Associates, and
Related Persons VIII. Safekeeping Property and Funds of
H. Lawyer’s Service as Arbitrator, Clients and Others (4-8%)
Mediator, or Judge A. Lawyer as Trustee of Client
Funds
V. Competence, Legal Malpractice, and B. Lawyer as Custodian of Client
Other Civil Liability (8-12%) Property
A. Civil Liability, Including C. Disputed Claims
Malpractice
B. Maintaining Competence IX. Communication About Legal
C. Acceptance of Employment Services (6-10%)
D. Exercise of Diligence and Care A. Public Communications About
E. Limiting Liability for Services
Malpractice B. Referrals
C. Group Legal Services
VI. Litigation and Other Forms of D. Direct Contact With
Advocacy (12-16%) Prospective Clients
A. Exercise of Professional (Solicitation)
Judgment E. Fields of Practice - Limitations
B. Civility, Courtesy, and of Practice and Specialization
Decorum
C. Conduct in the Course of X. Lawyers and the Legal System (2-6%)
Litigation - Claims, Defenses, A. Lawyer Activity in Improving
Testimony, and Evidence the Legal System
D. Fraud or Perjury B. Impropriety2 Incident to Public
E. Communications in Course of Service
Representation
XI. Judicial Ethics (6-10%)
VII. Different Roles of the Lawyer (4- A. Upholding the Integrity and
8%) Independence of the Judiciary
A. Lawyer as Advisor

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

B. Avoiding Impropriety and the 5. Read each question carefully. Pay

Appearance of Impropriety special attention to such key words or
C. Duties of Impartiality and phrases as subject to discipline, may,
Diligence proper, subject to litigation sanction,
D. Activities to Improve the Legal subject to disqualification, and subject
System to civil liability, among others. They
E. Extra-Judicial Activities are crucial in determining the correct
F. Political Activity of Judges answer.
G. Candidate for Judicial Office
6. Do not focus solely on the “Yes” or
GUIDELINES FOR TAKING THE “No” component contained in many
EXAMINATION answers. Read the entire answer, as
the explanations or qualifiers are
The following directions appear on the important in determining the correct
examination booklet. answer.

Please read the following guidelines 7. Answer each question. There is no

carefully. They are designed to help you penalty for guessing, so use any clues
do your best on the Multistate you have in choosing an answer.
Professional Responsibility Examination.
8. When you are unsure of the correct
1. Listen closely to all directions. Do not answer to a question, first eliminate
hesitate to ask questions if you do not every wrong answer you can. Each
understand what you are to do. wrong answer eliminated improves
your chances of selecting the correct
2. Be very precise in marking your answer.
answer sheet. Be sure that you
blacken the appropriate ovals and that 9. Do not spend too much time on one
you completely erase any incorrect question. If a question is too hard for
marks. you, choose a reasonable answer and
go on to the next question. Work
3. Your responses must be marked on the quickly, but carefully.
answer sheet if you are to receive
credit for them.
SAMPLE QUESTIONS
4. Keep your answer sheet near your test
booklet so you can mark answers The purpose of this publication is to
quickly without moving either the familiarize applicants with the format
booklet or the answer sheet. and nature of MPRE questions. The
questions in this publication should not
be used for substantive preparation for
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

the MPRE. Because of changes in the

law since the time the examination was
administered, the questions and their
keys may no longer be current.

Each question has four responses from

which you are to select the best one. The
questions in the MPRE may include
qualifications as part of the alternative
responses. These qualifications may be
essential to the correctness of the
response or responses in which they
appear and thus to the correct answer to
the question. Consequently, you should
read each question thoroughly before you
select a response. You may check your
answers by using the answer key on page
49 of this book.

If you use the questions in this

publication as a practice exam, you
should not rely on your raw score to
identify how well you are doing. MPRE
raw scores are converted to scaled scores
through an equating3 procedure that is
designed to ensure that the level of
difficulty of the examination remains
consistent from administration to
administration.

3
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

QUESTION NO. 1 (the nephew’s mother) has assured Client

that the nephew is industrious and
State does not require lawyers to honest.
participate in continuing legal education
courses. Attorneys Alpha, Beta, and Which of the following would be proper
Gamma, all lawyers recently admitted to for Attorney?
practice, formed a law partnership in
State. As they considered what expenses I. Write the letter on the basis of Client’s
the partnership would pay on behalf of assurance.
each lawyer, a majority decided that the II. Write the letter on the basis of Client’s
firm would not pay for continuing legal assurance if Attorney has no
education courses since they were not unfavorable information about the
required by State. Gamma, who wanted nephew.
reimbursement for continuing legal III. Make an independent-investigation
education courses, angrily said, “Fine. I and write the letter only if Attorney is
won’t attend any continuing legal thereafter satisfied that the nephew is
education courses.” qualified.

Is it proper for Gamma to refuse to attend A. III only

any continuing legal education courses? B. I and II, but not III
C. I and III, but not II
A. Yes, unless the state offers free D. I, II, and III
continuing legal education courses.
B. Yes, if Gamma independently QUESTION NO. 3
undertakes continuing study and
education in the law. Alpha is a member of the bar in State
C. No, because Gamma cannot maintain First and is also licensed as a stockbroker
competence without attending in State Second. In his application for
continuing legal education courses. renewal of his stockbroker’s license in
D. No, unless Gamma obtains State Second, Alpha knowingly filed a
malpractice insurance. false financial statement.

QUESTION NO. 2 Is Alpha subject to discipline in State

First for so doing?
Client, a new client of Attorney, has
asked Attorney to write a letter A. Yes, because his actions involve
recommending Client’s nephew for dishonesty or misrepresentation.
admission to the bar. Client has told B. Yes, but only if he is first convicted of
Attorney that he has no direct contact a criminal offense in State Second.
with the nephew, but that Client’s sister
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

C. No, because his action was not in his Deft of which $300 was a deposit to
capacity as an attorney. secure Attorney’s fee and $500 was for
D. No, because his action was not in bail costs in the event that bail was
State First. obtained. Attorney maintained two office
bank accounts: a “Fee Account,” in
QUESTION NO. 4 which all fees were deposited and from
which all office expenses were paid, and
Attorney is a sole practitioner whose a “Clients’ Fund Account.” Attorney
practice is largely in the areas of tax, deposited the $800 in the “Clients’ Fund
wills, estates, and trusts. Attorney Account” the week before the bail
learned of a new Internal Revenue hearing. Attorney expended six hours of
Service (IRS) regulation that probably time on the bail hearing. The effort to
affects the trust provisions in a will she obtain bail was unsuccessful.
prepared for Testatrix two years ago. Dissatisfied, Deft immediately demanded
Attorney has not represented Testatrix return of the $800.
since she drew the will.
It is now proper for Attorney to:
Is Attorney subject to discipline if she
calls Testatrix and advises her of the new A. transfer the $800 to the “Fee
IRS ruling and the need to revise the Account.”
will? B. transfer $300 to the “Fee Account”
A. Yes, if Attorney has any reason to and leave $500 in the “Clients’ Fund
believe that Testatrix has another Account” until Attorney’s fee for the
lawyer. final appeal is determined.
B. Yes, because Attorney would be C. transfer $300 to the “Fee Account”
soliciting legal business from a person and send Deft a $500 check on the
who is not a current client. “Clients’ Fund Account.”
C. No, provided Attorney does not D. send Deft a $500 check and leave
thereafter prepare a new will for $300 in the “Clients’ Fund Account”
Testatrix. until the matter is resolved with Deft.
D. No, because Testatrix is a former
client of Attorney. QUESTION NO. 6

QUESTION NO. 5 Judge Alpha has been assigned to try a

criminal prosecution by State against
Deft retained Attorney to appeal Deft’s Deft. Ten years previously, Alpha, while
criminal conviction and to seek bail serving as a deputy attorney general in
pending appeal. The agreed fee for the State, initiated an investigation of Deft
appearance on the bail hearing was $50 for suspected criminal conduct. The
per hour. Attorney received $800 from investigation did not establish any basis

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

for prosecution. None of the matters fairness, the security deposit should be
previously investigated is involved in or returned to Plaint. Attorney told
affects the present prosecution. Landlord:

Is it proper for Judge Alpha to try the “I strongly recommend that you pay
case? Plaint the full amount with interest. It
is against your long-term business
A. Yes, because none of the matters interests to be known in the
previously investigated is involved in community as a landlord who
or affects the present case. routinely withholds security deposits
B. Yes, unless Alpha might be prejudiced even though the tenant leaves the
against Deft because of the prior apartment in good condition. Paying
investigation. the claim now will prevent future
C. No, if Alpha had substantial headaches for you.”
responsibility in initiating the
previous investigation of Deft. Was Attorney’s conduct proper?
D. No, if Alpha had substantial
responsibility in determining that the A. Yes, if Landlord did not object to
previous investigation did not Attorney’s advice and paid Plaint’s
establish any basis for prosecution. claim.
B. Yes, because Attorney may refer to
QUESTION NO. 7 both legal and nonlegal considerations
in advising a client.
Attorney represented Landlord in a C. No, unless Attorney’s engagement
variety of matters over several years. letter informed Landlord that
Plaint, an elderly widow living on public Attorney’s advice on the matter would
assistance, filed suit against Landlord include both legal and nonlegal
alleging that Landlord withheld without considerations.
justification the security deposit on a D. No, because in advising Landlord to
rental unit that Plaint vacated three years pay the full claim, Attorney failed to
ago. She brought the action for herself, represent zealously Landlord’s legal
without counsel, in small claims court. interests.
Attorney investigated the claim and
learned that it was legally barred by the QUESTION NO. 8
applicable statute of limitations, although
Plaint’s underlying claim was Attorney is a member of the bar and a
meritorious.4 Attorney told Landlord of salaried employee of the trust department
the legal defense, but emphasized that of Bank. As part of his duties, he
Plaint’s claim was just and that, in all prepares a monthly newsletter
4
가치있는, 갸륵한
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

concerning wills, trusts, estates, and distribute. He was permitted to make

taxes which Bank sends to all of its only one phone call, and Gamma was the
customers. The newsletter contains a only lawyer he knew. Gamma responded
recommendation to the customer to that he had no criminal law experience
review his or her will in light of the and that Alpha & Beta did not handle
information contained and, if the criminal cases. Nevertheless, Able
customer has any questions, to bring the pleaded with Gamma to come to the
will to Bank’s trust department where the police station and see what he could do
trust officer will answer any questions to get Able out on bail. Gamma replied
without charge. The trust officer is not a that he would do what he could. Gamma
lawyer. If the trust officer is unable to went to the police station and using what
answer the customer’s questions, the information he recalled from his criminal
trust officer refers the customer to law and procedure courses attempted to
Attorney. get Able released on bail. However, as a
result of his inexperience, Gamma was
Is Attorney subject to discipline for the unable to secure Able’s release that
foregoing? night. The next morning, Gamma found
an experienced criminal lawyer for Able,
A. Yes, because Attorney is giving legal who obtained Able’s release within one
advice to persons who are not his hour.
clients.
B. Yes, because Attorney is aiding Bank Was Gamma’s conduct proper?
in the unauthorized practice of law.
C. No, because no charge is made for A. Yes, because neither referral nor
Attorney’s advice. consultation was practical under the
D. No, because Attorney is a member of circumstances.
the bar. B. Yes, because Gamma was a close
relative of Able.
QUESTION NO. 9 C. No, because Gamma had no special
training or experience in criminal
Alpha & Beta is a large firm that cases.
employs over 100 lawyers. Attorney D. No, because Gamma did not have the
Gamma was recently admitted to practice requisite level of competence to
and was hired as a new associate of accept representation in the case.
Alpha & Beta. Gamma was working late
one night when he received a telephone QUESTION NO. 10
call from his cousin Able. Able said that
he was calling from the police station Attorney wants to make it easier for her
where he had just been arrested for clients to pay their bills for her fees.
possession of cocaine with intent to

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Which of the following would be proper

for Attorney? I. Leave the Clients’ Trust Account as is
if the balance is likely to decrease to
I. Accept bank credit cards in payment of less than $100,000 within the next ten
Attorney’s fees. days.
II. Arrange for clients to obtain bank II. Open another Clients’ Trust Account
loans for the purpose of paying in another bank and transfer some
Attorney’s fees. funds to the second Clients’ Trust
III. If a case is interesting, suggest that Account to maintain a fully insured
the client give Attorney publication balance in both accounts.
rights concerning the case as partial III. Temporarily transfer $50,000 from
payment of the fee. the Clients’ Trust Account to the
office account so the balance in both
A. II only accounts is fully within insured limits.
B. I and II, but not III
C. I, II, and III A. I only
D. Neither I, II, nor III B. II only
C. I and II, but not III
QUESTION NO. 11 D. II and III, but not I

Attorney practices law in a state that has QUESTION NO. 12

experienced a business recession and
where several banks have failed and Law Firm, a professional corporation
others are severely pressed to preserve with five lawyer shareholders, employs
their solvency. Attorney maintains a twenty-five additional lawyers.
Clients’ Trust Account in Bank and that
account is insured by the Federal Deposit Which of the following is (are) proper?
Insurance Corporation against losses up
to $100,000. Attorney also maintains his I. Employees who are members of the
regular office account in the same bank bar are not made shareholders until
and that account is insured to $100,000. they have been with Law Firm ten
During a particularly busy time, years.
Attorney’s bookkeeper told Attorney that II. Manager, who is the office manager
the balance in the Clients’ Trust Account but not a member of the bar, is
had increased to $150,000. The executive vice president of Law Firm.
bookkeeper noted that the office account III. Widow, whose husband was a lawyer
had a balance of $30,000. shareholder in Law Firm until his
death two years ago, continues to hold
Which of the following courses of action husband’s shares in Law Firm,
by Attorney would be proper? distributed in his estate, until their

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

child completes a law school

education. QUESTION NO. 14
A. I only While an assistant district attorney,
B. I and II, but not III Attorney Alpha was in charge of the
C. I and III, but not II presentation before a grand jury of
D. I, II, and III evidence that led to an indictment
charging thirty-two defendants with
QUESTION NO. 13 conspiracy to sell controlled drugs.
Shortly after the grand jury returned the
Attorney, who was recently admitted to indictments, Alpha resigned as assistant
the bar, has been appointed by the court district attorney and became an associate
as counsel for Deft, an indigent in the law office of Attorney Beta, a sole
defendant charged with a felony. After practitioner. At the time of such
consulting with Deft and attempting for association, Beta was the attorney for
two days to prepare the case for trial, Deft, one of the indicted co-defendants.
Attorney became convinced that he
lacked the knowledge and experience to Is it proper for Attorney Beta to continue
represent Deft effectively. to represent Deft?

Which of the following would be proper A. Yes, if Alpha does not reveal to Beta
for Attorney? any confidence or secret learned while
an assistant district attorney.
I. Request permission of the court to B. Yes, because a public prosecutor must
withdraw from representing Deft make timely disclosure to the defense
because Attorney knows that he is not attorney of any exculpatory evidence.
competent to handle the case. C. No, unless Alpha agrees not to
II. Request the court to appoint participate in the representation of
experienced co-counsel and grant a Deft.
continuance to enable co-counsel to D. No, because Alpha had substantial
prepare the case. responsibility for the indictment of
III. Explain the circumstances to Deft Deft.
and, if Deft consents, proceed to
represent Deft alone to the best of QUESTION NO. 15
Attorney’s ability.
Attorney filed an action on behalf of
A. I only Client for breach of contract. In fact,
B. I and II, but not III Client had no legal basis for the suit, but
C. II and III, but not I wanted to harass Defendant. In order to
D. I, II, and III induce Attorney to file the action, Client
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

made certain false statements of material Constitution does not guarantee due
fact to Attorney, which Attorney process protection to state prison inmates
included in the complaint filed against who are disciplined by prison authorities
Defendant. At the trial of the case, Client for violating the prison’s rules of
took the stand and testified as set forth in conduct. Judge is now a candidate for
the complaint. The trial court ordered election to a vacancy on the state
judgment for Client. After entry of supreme court. She is vigorously
judgment, Client wrote Attorney a letter opposed by several organizations
marked “Confidential,” in which Client concerned with the conditions under
admitted that she had lied to Attorney which prisoners are incarcerated in the
and had testified falsely in the case. state’s prison. Judge is scheduled to be
Upon complaint of Defendant, who interviewed on television and has been
claimed Attorney had knowingly used informed that questions will be asked of
false testimony in the case of Client v. her concerning those decisions and her
Defendant, disciplinary proceedings were attitude on the subject of prisoners’
instituted against Attorney. rights.

Is it proper for Attorney to use Client’s Which of the following is it proper for
letter to Attorney in Attorney’s defense Judge to say during the interview?
in the disciplinary proceedings?
I. “I believe that the issues raised by the
A. Yes, if it is necessary to do so in order organizations opposing me are
to protect Attorney’s rights. appropriate matters for legislative
B. Yes, because Client had committed a consideration.”
fraud on the court in which the case II. “In my opinion, incarceration for the
was tried. commission of a crime carries with it
C. No, because Attorney learned the facts a loss of civil liberties in prison
from Client in confidence. discipline proceedings.”
D. No, if disclosure by Attorney could III. “I am convinced I was right in those
result in Client’s prosecution for cases and will make the same decision
perjury. in similar cases in the future.”

QUESTION NO. 16 A. I only

B. II only
Judge is presently serving on a state C. I and II, but not III
intermediate appellate court. This court, D. I, II, and III
in opinions written by her, has decided
several controversial cases in which the Questions 17-18 are based on the
court has held that the Fourteenth following fact situation.
Amendment to the United States

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Attorney was formerly employed by office. Claimant now asks Attorney to

Insurance Company as a lawyer solely to represent him or refer him to another
handle fire insurance claims. While so
employed she investigated a fire loss
claim of Claimant against Insurance
Company. Attorney is now in private
practice.

QUESTION NO. 17

Assume the claim has not been settled

and Claimant consults Attorney and asks
Attorney either to represent him or refer
him to another lawyer for suit on the
claim.

Which of the following would be proper

for Attorney to do?

I. Refuse to discuss the matter with

Claimant.
II. Represent Claimant.
III. Refer Claimant to an associate in her
law firm, provided Attorney does not
share in any fee.
IV. Give Claimant a list of lawyers who
Attorney knows are competent and
specialize in such claims.

A. I only
B. I and II, but not III or IV
C. I and III, but not II or IV
D. I and IV, but not II or III

QUESTION NO. 18

Assume that the original claim was

settled. One year after Attorney left the
employ of Insurance Company, Claimant
slipped and fell in Insurance Company’s
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

lawyer for suit on the “slip and fall” told Client that Attorney would withdraw
claim.5 from representing Client if the bill was
not paid within forty-eight hours or
Which of the following would be proper adequate security given for its payment.
for Attorney to do?
If the bill remains unpaid or unsecured
I. Refuse to discuss the matter with after forty-eight hours, it would be proper
Claimant. for Attorney to:
II. Represent Claimant.
III. Give Claimant a list of lawyers who I. upon notice to Client, move the court
Attorney knows are competent and for permission to withdraw.
specialize in such claims. II. turn Client’s file over to another
experienced lawyer in town and notify
A. I only Client that Attorney no longer
B. I and II, but not III represents Client.
C. I and III, but not II III. accept an assignment of Client’s
D. I, II, and III cause of action as security for
Attorney’s fee.
QUESTION NO. 19
A. I only
Client has retained Attorney to represent B. II only
Client in a contract suit. Attorney’s C. I and II, but not III
retainer agreement provided that D. I, II, and III
Attorney’s fees would be based on a
fixed hourly rate, payable at the end of QUESTION NO. 20
each calendar month. Two months before
trial, Client fell behind in the payment of Attorney’s advertisement in the local
Attorney’s monthly billing for fees. newspaper includes the following
Attorney included the following information, all of which is true:
statement on Attorney’s last billing to
Client: “Your account is more than thirty I. Attorney, B.A., magna cum laude,
days past due. If amounts due are not Eastern College; J.D., summa cum
paid promptly in accordance with our laude, State Law School; LL.M.,
agreement, I will terminate the Eastern Law School.
representation. If you cannot pay the II. My offices are open Monday through
amount due, I will accept an assignment Friday from 9:00 a.m. to 5:00 p.m.,
of your cause of action as security for but you may call my answering
your fee to me.” Two weeks after the last service twenty-four hours a day,
billing, Attorney telephoned Client and seven days a week.
5
전혀 별개의 사건임
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

III. I speak modern Greek fluently.

QUESTION NO. 22
For which, if any, of these statements is
Attorney subject to discipline?
The law firm of Alpha and Beta has a
A. III only radio commercial which states:
B. I and II, but not III
C. I, II, and III “Do you have a legal problem? Are
D. Neither I, II, nor III you being sued? Consult Alpha and
Beta, licensed attorneys at law.
QUESTION NO. 21 Initial conference charge is $25 for
one hour. Act now and protect your
interests. Call at 1234 Main Street;
Alpha represents Defendant in bitter and
telephone area code (101) 123-
protracted litigation. Alpha, at
4567.”
Defendant’s request, has made several
offers of settlement to Plaintiff’s lawyer
Beta, all of which have been rejected. Are Alpha and Beta subject to discipline
During a week’s recess in the trial, Alpha for the commercial?
and Plaintiff were both present at a
cocktail party. Plaintiff went over to A. Yes, because the qualifications of the
Alpha and said: “Why can’t we settle that lawyers are not stated.
case for $50,000? This trial is costing
B. Yes, because the radio broadcast may
both sides more than it’s worth.”
encourage litigation.
C. No, if all the statements in the radio
Which of the following is a proper broadcast are true.
response by Alpha?
D. No, unless the radio broadcast is
heard outside the state in which they
I. “I can’t discuss the matter with you.” are licensed.
II. “If that’s the way you feel, why don’t
you and Defendant get together.” QUESTION NO. 23
III. “I agree. We already have made
several offers to settle this matter.” Attorney Alpha represents Client, the
plaintiff in a medical malpractice case.
Alpha’s contract with Client provides for
A. I only a contingent fee of 20% of the recovery
B. I and II, but not III by settlement and 30% if the case is tried,
C. II and III, but not I with a total fee not to exceed $50,000.
D. I, II, and III Alpha associated Attorney Beta, a sole
practitioner, in the case, with Client’s
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

written consent and after full disclosure proprietorship. Alpha noticed in Client’s
of the fee agreement between Alpha and file copies of some correspondence from
Beta. Beta is both a medical doctor and a Client to Attorney Beta concerning the
lawyer and is well qualified by possibility of Beta’s incorporating
experience and training to try medical Client’s business. Alpha questioned
malpractice cases. Client to make certain that any attorney-
client relationship between Beta and
The fee agreement between Alpha and Client had been terminated. Client told
Beta reads as follows: Alpha, “It certainly has been terminated.
When I discussed the matter with Beta
“The total fee in this case is 20% of six months ago, he asked for a retainer of
recovery by settlement and 30%, if $1,000, which I paid him. He did
tried, with a maximum fee of $50,000. absolutely nothing after he got the
Alpha will help with discovery and money, even though I called him weekly,
will be the liaison person with Client. and finally, last week when I again
Beta will prepare the case and try it if complained, he returned the retainer. But
it is not settled. Alpha and Beta will don’t say anything about it because Beta
divide the fee, 40% to Alpha and 60% is an old friend of my family.”
to Beta”
Is Alpha subject to discipline if she does
Are Alpha and Beta subject to discipline not report her knowledge of Beta’s
for their agreement for division of the conduct to the appropriate authority?
fee?
A. Yes, if Alpha believes Beta clearly
A. Yes, unless Client’s consent is in was guilty of professional
writing. misconduct.
B. Yes, because Alpha will not try the B. Yes, unless Alpha believes Beta does
case. not usually neglect matters entrusted
C. No, if the division of the fee between to him.
Alpha and Beta is in proportion to C. No, if Client was satisfied by Beta’s
actual work done by each. return of the retainer.
D. No, because the total fee does not D. No, unless Client agrees that Alpha
differ from that contracted for by may report the information.
Alpha with Client.
QUESTION NO. 25
QUESTION NO. 24
Alpha & Beta, a general partnership, is a
Attorney Alpha was retained by Client to litigation firm practicing in State. It hires
incorporate Client’s business, which new law school graduates as associates.
previously had been operated as a sole These new lawyers are largely left to

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

their own resources to practice law. IV. Both the law firm of Alpha & Beta
Alpha & Beta accepts many small and Associate are subject to civil
litigation matters and assigns them to the liability for Client’s loss.
associates for training purposes. No
senior partners are assigned to supervise A. II and IV, but not I or III
this work. It is assumed that if an B. I, III, and IV, but not II
associate needs help on a case, he or she C. II, III, and IV, but not I
will seek the guidance of a more senior D. I, II, III, and IV
attorney. Client retained Alpha & Beta to
pursue a claim for breach of contract QUESTION NO. 26
against City. Associate, a first year
associate, was assigned Client’s case. Attorney, who represented Plaintiff,
Associate failed to comply with the received a check from Deft payable to
applicable 30 day notice requirement for Attorney’s order in the sum of $10,000 in
filing a complaint against City, and settlement of Plaintiff’s claim against
Client lost the chance to recover $5,000 Deft. Plaintiff had previously paid
owed to Client by City. When the Attorney a fee so no part of the $10,000
complaint was dismissed for failure to was owed to Attorney.6
comply with the notice requirement,
Associate instead told Client that the case Which of the following would be proper?
was dismissed on the merits.
I. Endorse the check and send it to
Which of the following statements are Plaintiff
correct? II. Deposit the check in Attorney’s
personal bank account and send
I. The law firm of Alpha & Beta is Attorney’s personal check for $10,000
subject to discipline for failure to to Plaintiff
supervise Associate. III. Deposit the check in a Clients’ Trust
II. The individual partners of Alpha & Account, advise Plaintiff, and forward
Beta are subject to discipline for a check drawn on that account to
failure to make reasonable efforts to Plaintiff
establish a system providing
reasonable assurance that all lawyers A. I only
in the firm comply with the rules of B. III only
professional conduct. C. I and III, but not II
III. Associate, an unsupervised D. I, II, and III
subordinate lawyer, is subject to
discipline for making QUESTION NO. 27
misrepresentations to Client.

6
판결, 화해후 상대방으로부터 check 를 수령한 경우 위 check 를 직접 client 에게 보내도 된다. 물론 endorse 를 해서…
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Attorney Alpha has tried many contested Is Attorney subject to discipline?

cases before Judge Gamma. Alpha
believes the judge is lacking both in A. Yes, because Attorney made a false
knowledge of the law and in good statement of fact to Buyer.
judgment and that Attorney Beta would B. Yes, because Attorney exaggerated
make an excellent judge. Alpha wishes to the profitability of the business.
defeat Judge Gamma and assist Beta in C. No, because Attorney represented
getting elected. Alpha intends to Seller, not Buyer.
contribute $5,000 to Beta’s campaign. D. No, because Attorney’s statement
constitutes acceptable puffing in
Is it proper for Alpha to do so? negotiations.

A. Yes, Alpha may give $5,000 to Beta QUESTION NO. 29

personally for his campaign.
B. Yes, if Alpha’s contribution to Beta is Attorney Alpha was retained by
made anonymously. Passenger, a passenger on a bus, who had
C. No, because Alpha is practicing been injured in a collision between the
before the court to which Beta seeks bus and a truck. Passenger paid Alpha a
election. retainer of $1,000 and agreed further that
D. No, unless Alpha gives the $5,000 to a Alpha should have a fee of 25% of any
committee formed to further Beta’s recovery before filing suit, 30% of any
election. recovery after suit was filed but before
judgment, and 35% of any recovery after
QUESTION NO. 28 trial and judgment. Alpha promptly
called the lawyer for the bus company
Attorney represented Seller in and told him she was representing
negotiating the sale of his ice cream Passenger and would like to talk about a
parlor. Seller told Attorney in confidence settlement. Alpha made an appointment
that, although the business was once very to talk to the lawyer for the bus company
profitable, recent profits have been stable but did not keep the appointment. Alpha
but modest. As the negotiations continued to put off talking to the lawyer
proceeded, Buyer appeared to be losing for the bus company. Meanwhile,
interest in the deal. Hoping to restore Passenger became concerned because she
Buyer’s interest, Attorney stated, “The had heard nothing from Alpha. Passenger
ice cream business is every American’s called Alpha’s office but was told Alpha
dream: happy kids, steady profits, and a was not in and would not call back.
clear conscience.” Buyer bought the ice Passenger was told not to worry because
cream parlor but was disappointed when Alpha would look after her interests.
his own profits proved to be modest. After ten months had passed, Passenger
went to Attorney Beta for advice. Beta

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

advised Passenger that the statute of B. Yes, because Alpha failed to extend
limitations would run in one week and, professional courtesy to another
with Passenger’s consent, immediately lawyer.
filed suit for Passenger. Alpha, upon C. No, because Alpha is properly
Passenger’s demand, refunded the $1,000 representing her client’s interests.
Passenger had paid. D. No, because any judgment will be
satisfied by Insco.
Is Alpha subject to discipline?
QUESTION NO. 31
A. Yes, unless Alpha’s time was
completely occupied with work for Attorney is a candidate in a contested
other clients. election for judicial office. Her opponent,
B. Yes, because Alpha neglected the Judge, is the incumbent and has occupied
representation of Passenger. the bench for many years. The director of
C. No, because Passenger’s suit was filed the state commission on judicial conduct,
before the statute of limitations ran. upon inquiry by Attorney, erroneously
D. No, because Alpha returned the told Attorney that Judge had been
$1,000 retainer to Passenger. reprimanded7 by the commission for
misconduct in office. Attorney, who had
QUESTION NO. 30 confidence in the director, believed him.
In fact, Judge had not been reprimanded
Attorney Alpha filed a personal injury by the commission; the commission had
suit on behalf of Plaintiff against conducted hearings on Judge’s alleged
Defendant. Defendant was personally misconduct in office and, by a three to
served with process. Alpha knows that two vote, declined to reprimand Judge.
Defendant is insured by Insco and that
Attorney Beta has been retained by Insco Decisions of the commission, including
to represent Defendant. No responsive reprimands, are not confidential.
pleading has been filed on behalf of
Defendant, and the time for filing expired Is Attorney subject to discipline for
over ten days ago. publicly stating that Judge had been
reprimanded for misconduct?
Is Alpha subject to discipline if Alpha
proceeds to have a default judgment A. Yes, because the official records of
entered? the commission would have disclosed
the truth.
A. Yes, because Alpha knew that Beta B. Yes, because Judge had not been
had been retained by Insco to reprimanded.
represent Defendant.
7
징계, 견책을 받다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

C. No, because Attorney reasonably presented the case to Judge’s satisfaction,

relied on the director’s information. and Judge believes she needs additional
D. No, because Judge was a candidate in legal advice. Judge’s former partner in
a contested election. law practice, Attorney, is an expert in the
field of law that is at issue. Attorney has
QUESTION NO. 32 no interest in the case.

Attorney is a well-known, highly skilled Is it proper for Judge to consult

litigator. Attorney’s practice is in an area Attorney?
of law in which the trial proceedings are
heard by the court without a jury. A. Yes, because Attorney has no interest
in the case.
In an interview with a prospective client, B. Yes, if Judge believes that Attorney’s
Attorney said, “I make certain that I give advice is needed to serve the interests
the campaign committee of every of justice.
candidate for elective judicial office C. No, unless all parties in the case first
more money than any other lawyer gives, give their written consent to Judge’s
whether it’s $500 or $5,000. Judges consultation with Attorney.
know who helped them get elected.” The D. No, unless Judge informs the parties
prospective client did not retain of Attorney’s identity and the
Attorney. substance of Attorney’s advice, and
asks for their responses.
Is Attorney subject to discipline?
QUESTION NO. 34
A. Yes, if Attorney’s contributions are
made without consideration of After both parties had completed the
candidates’ merits. presentation of evidence and arguments,
B. Yes, because Attorney implied that Judge took under advisement a case tried
Attorney receives favored treatment in Judge’s court without a jury in which
by judges. Attorney had represented Plaintiff. The
C. No, if Attorney’s statements were case involved a difficult fact issue of
true. causation and a difficult issue of law.
D. No, because the prospective client did
not retain Attorney. After the case was under advisement for
several weeks, Attorney heard rumors
QUESTION NO. 33 that Judge was having difficulty
determining the issue of factual causation
Judge is presiding in a case that has, as and was uncertain about the applicable
its main issue, a complicated point of law. Immediately after hearing these
commercial law. The lawyers have not rumors, Attorney telephoned Judge, told

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Judge of the rumors Attorney had heard, submitted by an officer of Trustco to the
and asked if Judge would like to reopen customer for execution.
the case for additional evidence and
briefing from both parties. Thereafter Attorney, in accordance with a
Judge reopened the case for further memorandum from Trustco’s trust
testimony and requested supplementary officer detailing the plan, would prepare
briefs from both parties. the necessary documents. Attorney
would never meet with the customer and
Was it proper for Attorney to would not charge the customer for these
communicate with Judge? services. Attorney would be free to
engage in private practice, subject only to
A. Yes, because both parties were given the limitation that Attorney could not
full opportunity to present their views accept employment adverse to Trustco.
on the issues in the case.
B. Yes, because Attorney did not make Is Attorney subject to discipline for
any suggestion as to how Judge entering into the arrangement with
should decide the matter. Trustco?
C. No, because Attorney communicated
with Judge on a pending matter A. Yes, because Attorney is restricting
without advising opposing counsel. his right to practice.
D. No, because Attorney caused Judge to B. Yes, because Attorney is aiding
reopen a case that had been taken Trustco in the practice of law.
under advisement. C. No, because Attorney is not charging
the customer for his services.
QUESTION NO. 35 D. No, because Attorney is not giving
advice to Trustco’s customers.
Trustco, a trust company, entered into the
following arrangement with Attorney, a QUESTION NO. 36
lawyer newly admitted to the bar.
Trustco would provide Attorney with Attorney represented Husband and Wife
free office space in the building in which in the purchase of a business financed by
Trustco had its offices. If a customer of contributions from their respective
Trustco contacted Trustco about a will, separate funds. The business was jointly
an officer of Trustco, who is not a operated by Husband and Wife after
lawyer, would advise the customer and acquisition. After several years, a dispute
help the customer work out the details of arose over the management of the
the will. The customer would be business. Husband and Wife sought
informed that the necessary documents Attorney’s advice, and the matter was
would be prepared by Trustco’s staff. settled on the basis of an agreement
The completed documents would be drawn by Attorney and signed by

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Husband and Wife. Later, Wife asked I. Solicit public endorsements for Beta’s
Attorney to represent her in litigation candidacy by other attorneys in the
against Husband based on the claim that community who know Beta, including
Husband was guilty of fraud and those who are likely to appear before
misrepresentation in the negotiations for Beta if Beta becomes a judge.
the prior settlement agreement. II. Solicit contributions to Beta’s
campaign committee from other
Is it proper for Attorney to represent attorneys in the community, including
Wife in this matter? those who are likely to appear before
Beta if Beta becomes a judge.
A. Yes, if all information relevant to the III. Publicly oppose the candidacy of
litigation was received by Attorney in Delta.
the presence of both Husband and
Wife. A. I only
B. Yes, if there is reason to believe B. I and II, but not III
Husband misled both Wife and C. I and III, but not II
Attorney at the time of the prior D. I, II, and III
agreement.
C. No, because Attorney had previously QUESTION NO. 38
acted for both parties in reaching the
agreement now in dispute. Attorney advertises on the local
D. No, unless Husband is now television station. In the advertisements,
represented by independent counsel. a professional actor says:

QUESTION NO. 37 “Do you need a lawyer? Call

Attorney? Her telephone number is
Alpha and Beta are members of the bar area code 555-555-5555. Her fees
in the same community but have never might be lower than you think.”
practiced together. Beta is a candidate in
a contested election for judicial office. Attorney approved the prerecorded
Beta is opposed by Delta, another lawyer advertisement and is keeping in her
in the community. Alpha believes Beta is office files a copy of the recording of the
better qualified than Delta for the actual transmission and a record of when
judiciary and is supporting Beta’s each transmission was made.
candidacy.
Is the advertisement proper?
Which of the following would be proper
for Alpha? A. Yes.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

B. No, unless Attorney’s fees are lower complaint charging the offense of
than those generally charged in the “joy-riding”
area where she practices. III. Proceed to trial on the indictment and
C. No, because she used a professional prosecute the case vigorously.
actor for the television advertisement.
D. No, if she makes a charge for the A. II only
initial consultation. B. III only
C. I and II, but not III
Questions 39 and 40 are based on the D. II and III, but not I
following fact situation.
QUESTION NO. 40
Deft, who has been indicted for auto
theft, is represented by Attorney. Assume for the purposes of this question
Prosecutor reasonably believes that Deft ONLY that Deft was tried, convicted,
committed the offense, but, because of and sentenced to prison for two years.
Deft’s youth, it is in the interest of justice
to permit Deft to plead guilty to the Must Prosecutor report to the disciplinary
lesser offense of “joy-riding” in return authority his suspicions about Attorney’s
for an agreement by Prosecutor to conduct of the case?
recommend probation. Prosecutor has so
advised Attorney, but Attorney told A. Yes, because Deft suffered a
Prosecutor she would not plea bargain detriment from Attorney’s refusal to
and would insist on a jury trial. Attorney plea bargain.
informed Deft of Prosecutor’s offer and B. Yes, if Attorney in fact received
advised Deft not to accept it. Deft widespread publicity as a result of the
followed Attorney’s advice. Attorney is a trial.
candidate for public office, and C. No, unless Prosecutor has knowledge
Prosecutor suspects that Attorney is that Attorney’s refusal to plea bargain
insisting on a trial of the case to secure was due to personal motives.
publicity for herself. D. No, if Attorney zealously and
competently represented Deft at the
QUESTION NO. 39 trial.

Which of the following would be proper QUESTION NO. 41

for Prosecutor?
Driver consulted Attorney and asked
I. Send a member of his staff who is not a Attorney to represent Driver, who was
lawyer to consult with Deft. being prosecuted for driving while
II. Move the trial court to dismiss the intoxicated in a jurisdiction in which
indictment and accept a new there is an increased penalty for a second
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

offense. Driver told Attorney that his Wit’s testimony would be favorable for
driver’s license had been obtained under Client. Wit asked Attorney to pay Wit, in
an assumed8 name because his prior addition to the statutory witness fees
license had been suspended for driving while attending the trial, the following:
while under the influence of alcohol.
Driver asked Attorney not to disclose I. Reimbursement for actual travel
Driver’s true name during the course of expenses while attending the trial.
the representation and told Attorney that, II. Reimbursement for lost wages while
if called as a witness, he would give his present at the trial.
assumed name. Attorney informed Driver III. An amount equal to 5% of any
that, in order properly to defend the case, recovery in the matter.
Attorney must call Driver as a witness.
If Attorney agrees to pay Wit the above,
Attorney called Driver as a witness and, for which, if any, is Attorney subject to
in response to Attorney’s question “what discipline?
is your name?” Driver gave his assumed
name and not his true name. A. III only
B. II and III, but not I
Is Attorney subject to discipline? C. I, II, and III
D. Neither I, II, nor III
A. Yes, because Attorney knowingly
used false testimony. QUESTION NO. 43
B. Yes, if Driver committed a felony
when he obtained the driver’s license Judge is a judge of the trial court in City.
under an assumed name. Judge has served for many years as a
C. No, because Attorney’s knowledge of director of a charitable organization that
Driver’s true name was obtained maintains a camp for disadvantaged
during the course of representation. children. The organization has never
D. No, unless Driver’s true name is an been involved in litigation. Judge has not
issue in the proceeding. received any compensation for her
services. The charity has decided to
QUESTION NO. 42 sponsor a public testimonial dinner in
Judge’s honor. As part of the occasion,
Attorney represents Client, a plaintiff in a the local bar association intends to
personal injury action. Wit was an commission and present to Judge her
eyewitness to the accident. Wit lives portrait at a cost of $4,000.
about 500 miles distant from the city
where the case will be tried. Attorney The money to pay for the portrait will
interviewed Wit and determined that come from a “public testimonial9 fund”
8
가명의
9
감사장
- 26 -
 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

that will be raised by the City Bar Testator was fully competent at all times
Association from contributions of and will so testify, if called as a witness.
lawyers who are members of the The other subscribing witness to
association and who practice in the Testator’s will predeceased Testator.
courts of City.
Is it proper10 for Attorney to represent
Is it proper for Judge to accept the gift of Executor in the probate of the will?
the portrait?
A. Yes, because Attorney is the sole
A. Yes, because the gift is incident to a surviving witness to the execution of
public testimonial for Judge. the will.
B. Yes, because Judge did not receive B. Yes, because Attorney’s testimony
compensation for her services to the will support the validity of the will.
charitable organization. C. No, because Attorney will be called to
C. No, because the cost of the gift testify on a contested issue of fact.
exceeds $1,000. D. No, because Attorney will be
D. No, because the funds for the gift are representing an interest adverse to
contributed by lawyers who practice Testator’s heir at law.
in the courts of City.
QUESTION NO. 45
QUESTION NO. 44
Attorney represented Buyer in a real
Attorney, who had represented Testator estate transaction. Due to Attorney’s
for many years, prepared Testator’s will negligence in drafting the purchase
and acted as one of the two subscribing agreement, Buyer was required to pay for
witnesses to its execution. The will gave a survey that should have been paid by
10% of Testator’s estate to Testator’s Seller, the other party to the transaction.
housekeeper, 10% to Testator’s son and Attorney fully disclosed this negligence
sole heir, Son, and the residue to charity. to Buyer, and Buyer suggested that he
Upon Testator’s death one year later, would be satisfied if Attorney simply
Executor, the executor named in the will, reimbursed Buyer for the entire cost of
asked Attorney to represent him in the survey.
probating the will and administering the
estate. At that time Executor informed Although Buyer might have recovered
Attorney that Son had notified him that additional damages if a malpractice
he would contest the probate of the will action were filed, Attorney reasonably
on the grounds that Testator lacked the believed that the proposed settlement was
required mental capacity at the time the fair to Buyer. Accordingly, in order to
will was executed. Attorney believes that
10
Will 을 작성한 변호사가 sole witness 인 상황에서 executor 으로부터 probation 사건의 대리를 요청한 경우? 대리불가. b/c 다툼있는 facts 의
쟁점에 대하여 증언하도록 소환될 것이므로.
- 27 -
 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

forestall11 a malpractice action, Attorney

readily agreed to make the Alpha has served Beta with a demand to
reimbursement. Attorney drafted a answer written interrogatories. Beta,
settlement agreement, and it, was because of the illness of his secretary,
executed by both Attorney and Buyer. has asked Alpha for a five-day extension
of time within which to answer them.
Was Attorney’s conduct proper?
Is Alpha subject to discipline12 if she
A. Yes, if Attorney advised Buyer in grants Beta’s request for a five-day
writing that Buyer should seek extension?
independent representation before
deciding to enter into the settlement A. Yes, because Alpha is acting
agreement. contrary to her client’s instructions.
B. Yes, because Attorney reasonably B. Yes, unless Alpha first informs
believed that the proposed settlement Plaintiff of the request and obtains
was fair to Buyer. Plaintiff’s consent to grant it.
C. No, because Attorney settled a case C. No, unless granting the extension
involving liability for malpractice would prejudice Plaintiff’s rights.
while the matter was still ongoing. D. No, because Beta was not at fault in
D. No, unless Buyer was separately causing the delay.
represented in negotiating and
finalizing the settlement agreement. QUESTION NO. 47

QUESTION NO. 46 Judge and Attorney were formerly law

partners and during their partnership
Plaintiff and Defendant are next-door acquired several parcels of real property
neighbors and bitter personal enemies. as co-tenants. After Judge was elected to
Plaintiff is suing Defendant over an the trial court in County, she remained a
alleged trespass. Each party believes, in co-tenant with Attorney, but left the
good faith, in the correctness of his management of the properties to
position. Plaintiff is represented by Attorney.
Attorney Alpha, and Defendant is
represented by Attorney Beta. After Judge’s term of office will expire soon
Plaintiff had retained Alpha, he told and she is opposed for reelection by two
Alpha “I do not want you to grant any members of the bar. Attorney, who has
delays or courtesies to Defendant or his not discussed the matter with Judge,
lawyer. I want you to insist on every intends to make a substantial contribution
technicality.” to Judge’s campaign for reelection.
11
기선을 제압하다.
12
원고 변호사가 원고로부터 피고의 기일연장신청에 동의하지 말라고 부탁을 받은 경우, 피고 대리인측의 피치 못할 사정으로 연장신청에 동의한 경우 원고 변호사는 원고에게
해가되는(prejudiced) 경우에만 징계책임진다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Upon Attorney’s advice, Witness

Judge is one of fifteen judges sitting as persisted in her refusal to answer.
trial court judges in County. Witness was subsequently convicted for
her refusal to answer.
Is Attorney subject to discipline if
Attorney contributes $10,000 to Judge’s Is Attorney subject to discipline?
reelection campaign?
A. Yes, because his advice to Witness
A. Yes, if Attorney frequently represents was not legally sound.
clients in cases tried in the trial court B. Yes, because Witness, in acting on
of County. Attorney’s advice, committed a crime.
B. Yes, because Judge and Attorney have C. No, if the offense Witness committed
not discussed the matter of a did not involve moral turpitude.
campaign contribution. D. No, if Attorney reasonably believed
C. No, if the contribution is made to a Witness had a legal right to refuse to
campaign committee organized to answer the questions.
support Judge’s reelection.
D. No, because Attorney and Judge have QUESTION NO. 49
a long standing personal and business
relationship. Pros, an elected prosecutor in City, plans
to run for reelection in six months. Last
QUESTION NO. 48 year two teenage girls were kidnapped
from a shopping center and sexually
Witness was subpoenaed to appear and assaulted. The community was in an
testify at a state legislative committee uproar about the crime and put pressure
hearing. Witness retained Attorney to on Pros to indict and convict the
represent her at the hearing. During the assailant. Four months ago, Deft was
hearing, Attorney, reasonably believing arrested and charged with the crimes.
that it was in Witness’s best interest not The trial is scheduled to begin next week.
to answer, advised Witness not to answer
certain questions on the grounds that Pros met with the police chief last week
Witness had a constitutional right not to to review the evidence in the case. At
answer. The committee chairperson that time, Pros first learned that, before
directed Witness to answer and cautioned they were interviewed by the detective in
her that refusal to answer was a charge of sexual assault crimes, the two
misdemeanor and that criminal victims had been tape-recorded
prosecution would be instituted if she did discussing the case between themselves
not answer. in an interview room. Reviewing the
tape, Pros realized that the girls’
descriptions of the assailant differed

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

significantly in terms of height, weight plaintiff in a suit to recover for breach of

and hair color. When officially a contract to build a house. Builder also
interviewed, however, their descriptions has pending before the zoning
matched almost perfectly. commission a petition to rezone property
Builder owns. Builder is represented by
Deft’s appointed counsel was busy Attorney Beta in the zoning matter.
handling a large caseload of indigent
defendants and neglected to seek access Neighbor, who owns property adjoining
to the prosecution’s investigative file. that of Builder, has asked Alpha to
Pros was virtually certain that Deft’s represent Neighbor in opposing Builder’s
counsel was unaware of the tape petition for rezoning. Neighbor knows
recording. Given the other evidence in that Alpha represents Builder in the
the case, Pros reasonably believed that contract action.
the girls accurately identified Deft as
their assailant. Pros did not reveal the Is it proper for Alpha to represent
existence of the tape to defense counsel. Neighbor in the zoning matter?

Is Pros subject to discipline? A. Yes, if there is no common issue of

law or fact between the two matters.
A. Yes, because the tape raises a B. Yes, because one matter is a judicial
legitimate question about the victims’ proceeding and the other is an
eyewitness identification of Deft as administrative proceeding.
the assailant. C. No, because Alpha is currently
B. Yes, unless Pros reasonably believed representing Builder in the contract
that the girls accurately identified action.
Deft as their assailant. D. No, if there is a possibility that both
C. No, because under the adversary matters will be appealed to the same
system of criminal justice, it is court.
expected that each party will marshal
the evidence best supporting its own QUESTION NO. 51
position.
D. No, unless Deft’s counsel submitted a Attorney, a sole practitioner, limits his
request for all mitigating or practice to personal injury cases.
exculpatory evidence before the start Attorney regularly places an
of trial. advertisement in local newspapers. The
advertisement contains the following
QUESTION NO. 50 statement: “Practice limited to personal
injury cases, including medical
Attorney Alpha currently represents malpractice.” After seeing one of
Builder, a building contractor who is the Attorney’s advertisements, Baker

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

approached Attorney for representation

in a medical malpractice case. After a 30- Alpha and Beta practiced law under the
minute interview Attorney told Baker: firm name of Alpha and Beta. When Beta
died, Alpha did not change the firm
“I’m sorry, but I am very busy and name. Thereafter, Alpha entered into an
your case appears to be very arrangement with another attorney,
complicated. I would be happy to Gamma. Gamma pays Alpha a certain
refer you to another lawyer who sum each month for office space and use
regularly practices in that field and of Alpha’s law library and for secretarial
who may have more room in her services, but Alpha and Gamma each has
schedule. You should see another his own clients, and neither participates
lawyer promptly before the statute of in the representation of the other’s clients
limitations expires and you lose your or shares in fees paid. On the entrance to
right to bring the lawsuit.” the suite of offices shared by Alpha and
Gamma are the words “Law Firm of
Although Attorney did not charge Baker Alpha, Beta, and Gamma.”
for the interview, Baker was upset at the
waste of 30 minutes of her time. Baker Is Alpha subject to discipline?
did not contact another lawyer until eight
months later, when she learned that the A. Yes, because Beta was deceased when
statute of limitations on her claim had Alpha made the arrangement with
expired six months after her interview Gamma.
with Attorney. In fact, Baker had a B. Yes, because Gamma is not a partner
meritorious medical malpractice claim. of Alpha.
C. No, because Alpha and Beta were
Is Attorney subject to civil liability? partners at the time of Beta’s death.
D. No, because Gamma is paying a share
A. Yes, because Attorney falsely of the rent and office expenses.
advertised his availability for medical
malpractice cases. QUESTION NO. 53
B. Yes, because Attorney did not advise
Baker as to the date the statute of Attorney was employed as a lawyer by
limitations would expire. the state Environmental Control
C. No, because Attorney did not violate Commission (ECC) for ten years. During
any duty owed to Baker. the last two years of her employment,
D. No, because Attorney offered to refer Attorney spent most of her time in the
Baker to another medical malpractice preparation, trial, and appeal of a case
lawyer. involving the discharge by Deftco of
industrial effluent into a river in the state.
QUESTION NO. 52 The judgment in the case, which is now

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

final, contained a finding of a continuing Attorney Alpha is skilled in trying

and knowing discharge of a dangerous personal injury cases. Alpha accepted the
substance into a major stream by Deftco representation of Plaintiff in a personal
and assessed a penalty of $25,000. injury case on a contingent fee basis.
While preparing the case for trial, Alpha
The governing statute also provides for realized that the direct examination and
private actions for damages by persons cross-examination of the medical experts
injured by the discharge13 of the would involve medical issues with which
effluent.14 Alpha was not familiar and, as a
consequence, Alpha might not be able to
Attorney recently left the employment of represent Plaintiff competently.
ECC and went into private practice.
Three landowners have brought private Without informing Plaintiff, Alpha
damage actions against Deftco. They consulted Beta, who is both a lawyer and
claim their truck farms were a medical doctor and who is a recognized
contaminated because they irrigated them specialist in the care and treatment of
with water that contained effluent from injuries of the type sustained by Plaintiff.
dangerous chemicals discharged by Alpha and Beta agreed that Beta would
Deftco. Deftco has asked Attorney to participate in the trial to the limited
represent it in defense of the three extent of conducting the direct
pending actions. examination and cross-examination of
the medical experts and that Alpha would
Is Attorney subject to discipline if she divide the fee in proportion to the
represents Deftco in these actions? services performed and the responsibility
assumed by each.
A. Yes, unless the judgment in the prior
case is determinative of Deftco’s Was the arrangement between Alpha and
liability. Beta proper?
B. Yes, because Attorney had substantial
responsibility in the matter while A. Yes, because the fee to be paid by
employed by ECC. Plaintiff was not increased by reason
C. No, because Attorney has acquired of Beta’s association.
special competence in the matter. B. Yes, because the fee would be divided
D. No, if all information acquired by in proportion to the services
Attorney while representing ECC is performed and the responsibility
now a matter of public record. assumed by each.
C. No, because Plaintiff was not advised
QUESTION NO. 54 of the association of Beta.

13
방류하다.
14
폐수
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

D. No, unless, upon conclusion of the

matter, Alpha provides Plaintiff with Attorney Alpha has been employed as an
a written statement setting forth the assistant prosecutor in the district
method of determining both the fee attorney’s office during the time that an
and the division of the fee with Beta. investigation of Deft was being
conducted by that office. Alpha took no
QUESTION NO. 55 part in the investigation and had no
knowledge of the facts other than those
Attorney represents Client, a famous disclosed in the press. Two months ago,
politician, in an action against Alpha left the district attorney’s office
Newspaper for libel. The case has and formed a partnership with Attorney
attracted much publicity, and a jury trial Beta.
has been demanded. After one of the
pretrial hearings, as Attorney left the Last Week, Deft was indicted for
courthouse, news reporters interviewed offenses allegedly disclosed by the prior
Attorney. In responding to questions, investigation. Deft asked Alpha to
Attorney truthfully stated: represent him. Alpha declined to do so,
but suggested Beta.
“The judge has upheld our right to
subpoena the reporter involved, Is Beta subject to discipline if Beta
identified in our motion as Repo, and represents Deft?
question her on her mental
impressions when she prepared the A. Yes, because Alpha was employed in
article.” the district attorney’s office while the
investigation of Deft was being
Is Attorney subject to discipline15 for conducted.
making this statement? B. Yes, unless the district attorney’s
office is promptly notified and
A. Yes, because Attorney identified a consents to the representation.
prospective witness in the case. C. No, unless Alpha participates in the
B. Yes, because prospective jurors might representation or shares in the fee.
learn of Attorney’s remarks. D. No, because Alpha had no
C. No, because the statement relates to a responsibility for or knowledge of the
matter of public record. facts of the investigation of Deft.
D. No, because the trial has not
commenced. QUESTION NO. 57

QUESTION NO. 56 Deft was on trial for the murder of

Victim, who was killed during a barroom
15
다음은 변호사의 언론과 interview 내용이다. “판사는 신청서에서 밝힌 기자 Repo 와 관련된 우리의 증인소환신청 motion 을 upheld 했다. 그리고
신문사항에 기자 Repo 가 기사를 작성할 당시 어떤 정신적인 인상이 있었는지 기재하였다.” OK, b/c public record 에 기재된 내용이므로
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

brawl.16 In the course of closing the defendant in a felony criminal trial

arguments to the jury, Prosecutor said, that was set for October 20 and she
wanted as much time as possible to
“Deft’s whole defense is based on the prepare for that trial.
testimony of Wit, who said that
Victim attacked Deft with a knife Was it proper for Attorney to agree to the
before Deft struck him. No other December trial date without obtaining
witness testified to such an attack by Client’s consent?
Victim. I don’t believe Wit was
telling the truth, and I don’t think you A. Yes, unless Client will be prejudiced
believe him either.” by the delay.
B. Yes, because a criminal trial takes
Was Prosecutor’s statement proper? precedence over a civil trial.
C. No, because Attorney should manage
A. Yes, if Prosecutor accurately stated her calendar so that her cases can be
the testimony in the case. tried promptly.
B. Yes, if Prosecutor, in fact, believed D. No, unless Attorney was court-
Wit was lying. appointed counsel in the criminal case.
C. No, because Prosecutor alluded to the
beliefs of the jurors. QUESTION NO. 59
D. No, because Prosecutor asserted his
personal opinion about Wit’s credibility. Able, Baker, and Carter had been
indicted for the armed robbery of the
QUESTION NO. 58 cashier of a grocery store. Together, Able
and Baker met with Attorney and asked
Attorney represents Client, the plaintiff Attorney to represent them. Attorney
in a civil action that was filed a year ago then interviewed Able and Baker
and is about to be set for trial. Client separately. Each told Attorney that the
informed Attorney that he could be robbery had been committed by Carter
available at any time during the months while Able and Baker sat in Carter’s car
of October, November, and December. In outside the store, that Carter had said he
discussing possible trial dates with needed some cigarettes, and that each
opposing counsel and the court clerk, knew nothing of Carter’s plan to rob the
Attorney was advised that a trial date on cashier. Attorney agreed to represent
October 5 was available and that the next both Able and Baker. One week prior to
available trial date would be December the trial date, Able told Attorney that he
10. Without first consulting Client, wanted to plea bargain and that he was
Attorney requested the December 10 trial prepared to turn state’s evidence and
date because she was representing Deft, testify that Baker had loaned Carter the
16
말다툼
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

gun Carter used in the robbery. Able also

said that he and Baker had shared in the Was it proper for Judge to consider
proceeds of the robbery with Carter. Attorney’s letter?

It is proper17 for Attorney to: A. Yes, because Judge did not initiate the
communication with Attorney.
A. request court approval to withdraw as B. Yes, if Attorney did not represent any
lawyer for both Able and Baker. client whose interests could be
B. continue to represent Baker and, with affected by the outcome.
Able’s consent and court approval, C. No, unless Judge, prior to rendering
withdraw as Able’s lawyer. his decision, communicated its
C. continue to represent Able and, with contents to all counsel and gave them
Baker’s consent and court approval, an opportunity to respond.
withdraw as Baker’s lawyer. D. No, because Attorney is not of record
D. continue to represent Able and Baker, as counsel in the case.
but not call Able as a witness.
QUESTION NO. 61
QUESTION NO. 60
Attorney’s recorded radio advertisement
While presiding over the trial of a highly stated:
publicized antitrust case, ABCO v.
DEFO, Judge received in the mail a “For a fee of $600 Attorney will
lengthy letter from Attorney, a local represent a party to a divorce that
lawyer. The letter discussed the law does not result in a court trial of a
applicable to ABCO v. DEFO. Judge contested issue of fact.”
knew that Attorney did not represent
either party. Judge read the letter and, Attorney had the advertisement
without mentioning its receipt to the prerecorded and approved by the
lawyers in the pending case, filed the appropriate bar agency for broadcast.
letter in his general file on antitrust Attorney retained a recording of the
litigation. actual transmission in her office. Client,
who had previously agreed with her
Later, after reading the trial briefs in husband to an uncontested dissolution of
ABCO v. DEFO, Judge concluded that their marriage, heard the broadcast and
Attorney’s letter better explained the law called on Attorney in Attorney’s office.
applicable to the case pending before him Client told Attorney that she had heard
than either of the trial briefs. Judge the broadcast and asked Attorney to
followed Attorney’s reasoning in represent her. Attorney agreed to
formulating his decision. represent Client. Because of the nature of
17
형사사건에서 공동 피고를 대리하다가 이해관계의 충돌이 발생하면? Request court approval to withdraw.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

the parties’ property, Attorney spent Is Attorney subject to discipline19 if he

more time on the tax aspects of the case enters into the proposed partnership with
than Attorney anticipated. The time Acton?
expended by Attorney, if charged at a
reasonable hourly rate, would have A. Yes, because one of the activities of
resulted in a fee of $2,000. After the the partnership would be providing
decree was entered, Attorney billed legal services to clients.
Client for $2,000.18 B. Yes, because Attorney would be
receiving fees paid for other than legal
Is Attorney subject to discipline? services.
C. No, because the partnership will
A. No, because Attorney’s fee was a assure to the public high-quality
reasonable charge for the time expended. services in the fields of tax law and
B. No, because Attorney, when the accounting.
representation was accepted, did riot D. No, if Attorney is the only person in
anticipate the tax problems. the partnership who gives advice on
C. Yes, unless Client pays the fee legal matters.
without protest.
D. Yes, because Attorney charged a fee QUESTION NO. 63
in excess of the advertised fee.
Client, who is under indictment for
QUESTION NO. 62 homicide, is represented by Attorney. In
the course of representation, Client told
Acton, a certified public accountant, has Attorney that Client had previously killed
proposed to Attorney, a recognized two other persons in homicides
specialist in the field of tax law, that completely unrelated to the murder
Acton and Attorney form a partnership indictment for which Attorney was
for the purpose of providing clients with providing representation. Attorney, with
tax-related legal and accounting services. Client’s consent, made a tape recording
Both Acton and Attorney have deserved of Client’s confession regarding the
reputations of being competent, honest, unrelated homicides. At Attorney’s
and trustworthy. Acton further proposes request, Client also drew a map on which
that the announcement of the proposed he designated the remote locations of the
partnership, the firm stationery, and all graves of the victims of the unrelated
public directory listings clearly state that killings. Those bodies have not been
Acton is a certified public accountant and found by the police, and Client is not a
that Attorney is a lawyer. suspect in either crime, both of which
remain unsolved.
18
광고의 내용과 달리 실제 사건을 처리해 보니 사안이 복잡하고 예기치 못한 쟁점이 등장하여 실질적인, reasonable 한 fee 를 청구한 경우? 광고보다 많은 금액을
fee 로 청구하였으므로 징계 대상이다. (주의) reasonable 하다는 말에 속지말자.
19
변호사는 Law practice 에 해당하면 nonlawyer 와 partnership 을 만들 수 없다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

prepare himself to handle the Corp

20
Is Attorney subject to discipline for matter competently without substantial
failing to disclose voluntarily to the help from Alpha. Alpha responded, “I
authorities his knowledge of the two don’t have time to help you. Everyone
prior murders and the locations of the has to start somewhere.” Alpha directed
bodies of the victims? Beta to proceed.

A. Yes, because as an officer of the Was Alpha’s conduct proper in this

court, Attorney must disclose any matter?
knowledge that he has, whether
privileged or not, concerning the A. Yes, because as a member of the bar,
commission of the prior crimes by Beta is licensed to handle any legal
Client. matter.
B. Yes, because Attorney is impeding the B. Yes, because Alpha may withdraw
state’s access to significant evidence. from a case if work on it would cause
C. No, because Attorney did not him unreasonable financial hardship.
represent or advise Client with respect C. No, because Alpha knew Beta was not
to the prior crimes. competent to handle the matter, and
D. No, because the information was Alpha failed to provide supervision
obtained by Attorney in the course of adequate to protect the client’s
the representation. interest.
D. No, because Corp had not given
QUESTION NO. 64 Alpha permission to assign Beta to
work on the matter.
Attorney Alpha is recognized as an
expert in securities regulation law. Corp, QUESTION NO. 65
a corporation, retained Alpha’s law firm
to qualify Corp’s stock for public sale. Attorney represents Bank in its
After accepting the matter, Alpha commercial loan transactions. Corp has
decided that he preferred to spend his applied to Bank for a loan of $900,000 to
time on cases with larger fee potential, so be secured by a lien on Corp’s inventory.
he assigned responsibility for the Corp The inventory, consisting of small items,
matter to Attorney Beta, an associate in constantly turns over. The security
Alpha’s office who had recently been documents are complex and if
admitted to the bar. improperly drawn could result in an
invalid lien. Bank has approved the loan
Beta protested to Alpha that he, Beta, on the condition that Attorney prepare
knew nothing about securities regulation the necessary security instruments and
law and that he had too little time to that Corp pay Attorney’s fees. This
20
변호사는 당사자를 대리하면서 얻은 정보가 대리하고 있는 사건과 관계없는 과거의 범죄 사건인 경우 이를 공개하지 않으면? 징계 대상아니다. b/c 이 정보는 당사자의
사건을 대리하는 과정 중에 지득한 것이므로
- 37 -
 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

arrangement is customary in the city in

which Attorney’s law office and Bank In order to acquaint you with our
are located. It is obvious to Attorney that services, we are offering a one-hour
he can adequately represent the interests consultation to review your estate plans,
of both Corp and Bank. After Corp and including your wills, trusts, and similar
Bank consulted with other lawyers, each documents, all at the nominal cost of $25
consented in writing to the to anyone presenting this coupon. Call
representation. now for an appointment.

Is it proper for Attorney to prepare the Is Attorney subject to discipline?

security documents under these
circumstances? A. Yes, because Attorney is soliciting
business from persons with whom
A. Yes, because Bank and Corp have Attorney had no prior relationship.
given their informed consent to the B. Yes, because Attorney requires the
arrangement. use of a coupon.
B. Yes, because the arrangement is C. No, if Attorney provides the services
customary in the community. described for the fee stated.
C. No, because Attorney’s fees are being D. No, unless Attorney is seeking
paid by Corp not Bank. business from persons who are
D. No, because Corp and Bank have already represented by a lawyer.
differing interests.
QUESTION NO. 67
QUESTION NO. 66
Attorney represented Plaintiff in
Attorney, recently admitted to practice, Plaintiff’s action for defamation against
opened an office near a residential Defendant. After Defendant’s lawyer had
neighborhood and published the filed and served an answer, Attorney, at
following advertisement in the local Plaintiff’s direction, hired Inv, a licensed
newspaper. private investigator, and instructed Inv to
attempt to interview Defendant without
COUPON revealing his employment. Inv succeeded
in interviewing Defendant privately and
Get Acquainted With Your obtained an admission from Defendant
Neighborhood Lawyer that the statements Defendant had made
A. Attorney were based solely on unsubstantiated21
Suite 2 - 1100 Magnolia Avenue gossip.
Sunshine City, State 01000
Telephone: (555) 555-5555
21
실체가 없는
- 38 -
 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Is Attorney subject to discipline for C. No, if neither Attorney nor Broker

obtaining the statement from Defendant shares in the other’s fees.
in this matter? D. No, if the fees of Attorney and Broker
do not clearly exceed reasonable fees
A. No, because Attorney was following for the services rendered by each.
Plaintiff’s instructions.
B. No, because the statement obtained QUESTION NO. 69
was evidence that Defendant’s
allegations were unfounded. Judge, prior to her appointment to the
C. Yes, because Attorney should have probate court, was a partner in Law Firm.
interviewed Defendant personally. Law Firm had an extensive probate
D. Yes, because Attorney instructed Inv practice. At the time of Judge’s
to interview Defendant. appointment, Law Firm had pending
before the court to which Judge was
QUESTION NO. 68 appointed numerous matters in which
requests were being made for
Attorney and Broker, a licensed real allowances23 for attorney’s fees. When
estate broker, entered into an agreement Judge left Law Firm, she was paid a cash
whereby Broker was to recommend settlement. She has no further financial
Attorney to any customer of Broker who interest in any matter handled by Law
needed legal services, and Attorney was Firm. Judge is now being asked to rule
to recommend Broker to any client of on these requests for allowances for
Attorney who wished to buy or sell real attorney’s fees.
estate. Attorney’s practice is limited
almost entirely to real estate law. Is it proper24 for Judge to rule on these
requests?
Is Attorney subject to discipline22 for
entering into the agreement with Broker? A. Yes, because Judge has no financial
interest in the outcome of these cases.
A. Yes, because Attorney is B. Yes, if these requests are not
compensating Broker for contested.
recommending Attorney’s legal C. No, unless Judge notes on the record
services. in each case her prior association with
B. Yes, because the arrangement Law Firm.
constitutes the practice of law in D. No, because Judge was associated
association with a nonlawyer. with Law Firm when these matters
were pending.
22
변호사와 부동산 broker 가 서로 의뢰인을 recommend 해 주기로 합의하면? 징계대상이다. b/c 위 recommend 에 대하여 compensating
한 것이므로. (주의) nonlawyer 와 law practice 를 위해 association 한 것이 아님.
23
할당액
24
관련사건이 계속 중인 때 판사는 이전에 Law firm 에 합동변호사로 일했다. 판사는 이 문제에 대하여 어떤 결정(ruling)을 하면 부적절하다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

personal belief and expert opinion on the

QUESTION NO. 70 pending reform package. She failed to
disclose in her testimony that she was
Attorney, representing Client, with being paid well by a private client for her
Client’s approval settled a claim against appearance. In her testimony, Attorney
Defendant for $60,000. The settlement took the position favored by her client,
agreement provided that one-half would but the position was one that Attorney
be paid by Insco, Defendant’s primary believed was in the public interest.
insurance carrier, and one-half by
Sureco, a co-insurer. Attorney’s agreed Was it proper for Attorney to present this
fee was 30% of the amount of the testimony without identifying her private
settlement. Attorney received Insco’s client?
check for $30,000 and a letter from
Sureco advising that its check would be A. Yes, because Attorney
sent in two weeks. Attorney promptly conscientiously believed that the
advised Client and deposited the $30,000 position she advocated before
in her Clients’ Trust Account. Client Congress was in the public interest.
demanded that Attorney send him the B. Yes, because Congress is interested in
entire $30,000 and take her fee out of the the content of testimony and not who
funds to be received from Sureco. is paying the witness.
C. No, because a lawyer may not accept
Which of the following would now be a fee for trying to influence legislative
proper for Attorney? action.
D. No, because a lawyer who appears in
I. Send Client $30,000. a legislative hearing should identify
II. Send Client $21,000 and retain $9,000 the capacity in which the lawyer
in her Clients’ Trust Account. appears.
III. Send Client $21,000 and transfer
$9,000 to her personal account. QUESTION NO. 72

A. I only Attorney represented Baker in a claim

B. I and II, but not III involving a breach of Baker’s
C. I and III, but not II employment contract. The case was
D. I, II, and III settled without suit being filed. The
proceeds of the settlement were paid
QUESTION NO. 71 directly to Baker, who subsequently paid
Attorney in full for Attorney’s fee and
Attorney is a well-known tax lawyer and expenses. Thereafter, Attorney did no
author. During congressional hearings on other work for Baker.
tax reform, Attorney testified to her
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Baker is now being audited by the obligation to remain and attend the trial.
Internal Revenue Service (IRS). The IRS Attorney told Witt:
has asked Attorney for details of the
settlement, including the amount claimed “No one has subpoenaed you yet. You
for each item of damage and the amounts have no legal duty to make yourself
paid for the items. Attorney reported the available. Trials can be difficult
request to Baker who told Attorney not to affairs. Witnesses sometimes get very
provide the information to the IRS. nervous because of the questions
asked by the lawyers. Why don’t you
Is it proper25 for Attorney to furnish the take the vacation as planned, and, by
information to the IRS? the time you return, the trial will be
over.”
A. Yes, if the information does not
involve Attorney’s work product. Is Attorney subject to discipline?
B. Yes, because Attorney no longer
represents Baker. A. Yes, because Attorney advised Witt to
C. No, because Baker told Attorney not leave the jurisdiction.
to provide the information. B. Yes, because Attorney did not
D. No, unless Attorney believes the subpoena Witt knowing she was an
disclosure would be beneficial to Baker. eyewitness.
C. No, because Witt had not been
QUESTION NO. 73 subpoenaed by the defense. .,’
D. No, because Attorney did not offer
Attorney represents Driver, the plaintiff Witt any inducement not to appear at the
in an automobile accident case. Two trial.
weeks before the date set for trial,
Attorney discovered that Witt was an QUESTION NO. 74
eyewitness to the accident. Attorney
interviewed Witt. Witt’s version of the Attorney is employed by Client, a
accident was contrary to that of Driver fugitive from justice under indictment for
and, if believed by the trier of fact, would armed robbery. Attorney, after thorough
establish that Driver was at fault. Witt legal research and investigation of the
told Attorney that she had not been facts furnished by Client, reasonably
interviewed by defense counsel. believes the indictment is fatally
defective and should be dismissed as a
Witt also told Attorney that she intended matter of law. Attorney advised Client of
to leave for Europe the following week his opinion and urged Client to surrender.
for a month’s vacation unless she had an
25
의뢰인이 세무조사를 받고 있는데 변호사에게 IRS 로부터 의뢰인의 소송 관련 서류제출을 요구한 경우, 의뢰인은 IRS 에 위 서류를 report 하지 말것을 요청하였다.
만일 IRS 의 정보제공요청에 응하면 적절한가? NO. b/c 의뢰인이 정보제공을 하지 말라고 요청하였으므로. (주의) 의뢰인의 이익에 합치되면 적절하다(No).
변호사의 Work product 가 아니면 제공가능하다(No)
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Client told Attorney that she would not to recover out of those assets arrearages
surrender. due to Wife under Wife’s support decree.
Attorney did not obtain consent from the
Attorney informed the district attorney county attorney or from Husband to
that he represented Client and that he represent Wife in the civil action.
counseled Client to surrender, but that
Client refused to follow his advice. Is Attorney subject to discipline for
Attorney has not advised Client on how accepting employment in Wife’s civil
to avoid arrest and prosecution and does action against Husband?
not know where Client is hiding.
A. Yes, because Attorney did not obtain
Is Attorney subject to discipline if he Husband’s consent to the representation.
continues to represent Client? B. Yes, because Attorney had personal
and substantial responsibility in the
A. Yes, because Client is engaged in first proceeding.
continuing illegal conduct. C. No, because Attorney’s responsibility
B. Yes, because client refused to accept in his public employment has terminated.
Attorney’s advice and surrender. D. No, because Attorney is representing
C. No, because Attorney is not Wife’s interest in both the criminal
counseling Client to avoid arrest and and the civil proceedings.
prosecution.
D. No, because Attorney reasonably QUESTION NO. 76
believes the indictment is defective.
Attorney is a lawyer for City and advises
QUESTION NO. 75 City on all tort claims filed against it.
Attorney’s advice is limited to
Attorney in his capacity as part-time recommending settlement and the
assistant county attorney represented amount thereof. If a claim is not settled
County in a criminal non-support and suit is filed, defense of the suit is
proceeding against Husband. This handled either by lawyers for City’s
proceeding concluded with an order insurance carrier or by outside counsel
directing Husband to pay or be jailed. specially retained for that purpose. In
Husband refused to pay. connection with any notice of claim and
before suit is filed, Attorney arranges for
Attorney, pursuant to applicable rules, is an investigator to call upon the claimant
permitted to maintain a private law at the claimant’s home and, with no one
practice. Wife has discovered some else present, to interview the claimant
assets of Husband. Attorney now has and endeavor to obtain a signed
accepted employment from Wife to statement of the claimant’s version of the
maintain a civil action against Husband facts.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Is Delta subject to discipline?

Claimant has filed a notice of claim
against City. Attorney has sent an A. Yes, because Veep is an officer of the
investigator to interview Claimant. corporation.
B. Yes, if a nonlawyer holds the stock as
Is Attorney subject to discipline26 for the executor of the will of the
arranging an interview with Claimant? deceased member.
C. No, because Delta is a salaried
A. Yes, if Claimant was known by employee and not a member or
Attorney to be represented by counsel. shareholder of the corporation.
B. Yes, if the statement taken is later D. No, if Veep does not participate in
used to Claimant’s disadvantage. any decision regarding a client or a
C. No, because claimant had not filed client’s case.
suit at the time of the interview.
D. No, because Attorney would not be QUESTION NO. 78
representing City in any subsequent
litigation on Claimant’s claim. Attorney is representing Plaintiff in a
paternity suit against Defendant. Both
QUESTION NO. 77 Plaintiff and Defendant are well-known
public figures, and the suit has attracted
Delta, a lawyer, has just joined the Law much publicity. Attorney has been billing
Offices of Alpha and Beta, a professional Plaintiff at an agreed hourly fee for his
corporation engaged solely in the services. Recently, Plaintiff told
practice of law. Delta is a salaried Attorney,
associate and is not a member or
shareholder of the professional “I’m going broke paying you. Why
corporation. Alpha’s spouse, Veep, who don’t you let me assign you all media
is not a lawyer, is vice-president of the rights to books, movies, or television
corporation and office manager. All of programs based on my suit as full
the other officers are lawyers in the firm. payment for all services you will
All of the corporate shares are held by render me between now and the
lawyers in the corporation, except for ten conclusion of the suit?”
shares held by the executor under the will
of a lawyer-member who died one month Attorney replied,
previously and whose will is now being
probated. Delta knows that Veep is an “I’ll consider it, but first you should
officer and not a lawyer. seek independent advice about
whether such an arrangement is in

26
소제기전 변호사가 원고와 접촉하여 interview 한 경우? 다른 변호사가 원고를 대리하고 있음을 알았다면 징계대상이다.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

your own best interests. Why don’t modest and that they wanted to “split it
you do so and call me next week.” all down the middle.”

Is Attorney subject to discipline if he After considering the risks of a conflict

agrees to Plaintiff’s offer? of interest arising in this limited
representation, Attorney wrote to the
A. Yes, because the amount received by couple separately, and advised each that
Attorney would be contingent on the he or she might be better off with
receipts from the sale of media rights. separate lawyers, but that Attorney
B. Yes, because Attorney has not would assist with the financial settlement
concluded the representation of Plaintiff. agreement, charging an hourly fee of
C. No, because the paternity suit is a civil $140 per hour, provided that they were in
and not a criminal matter. complete agreement and remained so.
D. No, if Plaintiff received independent Attorney advised that if a conflict
advice before entering into the developed, or if either party was
agreement. dissatisfied or uncomfortable about
continuing with the joint representation,
QUESTION NO. 79 Attorney would withdraw and would not
represent either party from that point
Four years ago, Attorney represented forward, forcing them to start all over
Husband and Wife, both high school again with separate lawyers. Finally,
teachers, in the purchase of a new home. Attorney cautioned Husband and Wife
Since then, Attorney prepared their tax that Attorney would be representing both
returns and drafted their wills. of them equally, would not and could not
favor one or the other, and that their
Recently, Husband called Attorney and separate communications to her could not
told her that he and Wife had decided to be kept confidential from the other party.
divorce, but wanted the matter to be Both Husband and Wife signed their
resolved amicably. Husband stated that individual copy of the letter, consenting
they were planning to file and process to the joint representation, and returned
their own divorce case, utilizing the them to Attorney.
state’s new streamlined divorce
procedure, applicable in “no-fault” cases Was it proper for Attorney to accept the
where there are no minor children. representation on these terms?
Husband asked if Attorney would agree
to work with them to prepare a financial A. Yes, because there was little risk that
settlement agreement that could be the interests of either Husband or
presented to the divorce court, reminding Wife would be materially prejudiced
Attorney that the couple’s assets were if no settlement was reached.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

B. Yes, because Attorney had previously B. Yes, because Attorney may reveal
represented Husband and Wife in such information to defend herself
their joint affairs. against a civil claim.
C. No, because Attorney conditioned C. No, unless criminal charges have also
representation upon receiving a been brought against Attorney.
waiver of client confidentiality. D. No, because the disclosure will be
D. No, unless Attorney advised both detrimental to Client.
Husband and Wife, in writing, that
they should seek independent counsel QUESTION NO. 81
before agreeing to enter into the
financial settlement on the terms Attorney, who is corporate counsel for
proposed. Company, is investigating a possible
theft ring in the parts department of
QUESTION NO. 80 Company. Attorney knows that
Employee has worked in the parts
Attorney represented Client in department for a long time and believes
negotiating a large real estate transaction. that Employee is a suspect in the thefts.
Buyer, who purchased the real estate Attorney believes that if Employee were
from Client, has filed suit against both questioned, Employee would not answer
Client and Attorney, alleging fraud and truthfully if she knew the real purpose of
violation of the state unfair trade the questions. Attorney plans to question
practices statute. Attorney had advised Employee and falsely tell her that she is
Client by letter against making the not a suspect and that her answers to the
statements relied on by Buyer as the questions will be held in confidence.
basis for Buyer’s claim. Attorney and
Client are each represented by separate Is Attorney subject to discipline if she so
counsel. In responding to a deposition questions Employee?
under subpoena, Attorney wishes to
reveal, to the extent Attorney reasonably A. Yes, because Attorney’s conduct
believes necessary to defend herself, involves misrepresentation.
confidential information imparted to B. Yes, unless Attorney first advises
Attorney by Client that will be favorable Employee to obtain counsel to
to Attorney but damaging to Client. represent Employee.
C. No, because no legal proceedings are
Is it proper for Attorney to reveal such now pending.
information? D. No, because Attorney did not give
legal advice to Employee.
A. Yes, unless Client objects to the
disclosure. QUESTION NO. 82

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Manufacturer sued Partco for Partco’s date arrived, Attorney was in need of a
breach of warranty regarding machine temporary loan to close the purchase of a
components furnished by Partco. Judge, new personal residence. Because the
who presided at the nonjury trial, sent penalty for late payment of taxes was
Clerk, her law clerk, to Manufacturer’s only 2% while the rate for a personal
plant to observe the machine that was loan was 6%, Attorney withdrew Client’s
malfunctioning due to the allegedly funds from the Clients’ Trust Account to
defective parts. Clerk returned and told cover Attorney’s personal check for the
Judge that the machine was indeed closing. Attorney was confident that
malfunctioning and that Engineer, an Client would not object. Ten days later,
employee of Manufacturer, had after the receipt of a large fee previously
explained to Clerk how the parts earned, Attorney paid Client’s property
delivered by Partco caused the taxes and the 2% penalty, fully satisfying
malfunction. There was testimony at the Client’s tax obligation. After Client
trial that supported what Clerk learned on returned, Attorney told Client what
his visit. Judge rendered a judgment for Attorney had done, and Client approved
Manufacturer. Attorney’s conduct.

Was Judge’s conduct proper? Is Attorney subject to discipline?

A. Yes, because Judge’s judgment was A. Yes, because Attorney failed to pay
supported by evidence at the trial. Client the ten days of interest at the
B. Yes, because Judge has the right to fair market rate.
gather facts concerning the trial. B. Yes, because Attorney used Client’s
C. No, because Judge has engaged in ex funds for a personal purpose.
parte contacts that might influence the C. No, because Client was not harmed
outcome of litigation. and Attorney reasonably believed at
D. No, unless Engineer was a witness at the time Attorney withdrew the
the trial and subject to cross- money that Client would not object.
examination by Partco. D. No, because when Attorney told
Client what he had done, Client
QUESTION NO. 83 approved Attorney’s conduct.

Attorney regularly represented Client. QUESTION NO. 84

When Client planned to leave on a world
tour, Client delivered to Attorney Attorney entered into a written retainer
sufficient money to pay Client’s property agreement with Deft, who was the
taxes when they became due. Attorney defendant in a criminal case. Deft agreed
placed the money in Attorney’s Clients’ in writing to transfer title to Deft’s
Trust Account. When the tax payment automobile to Attorney if Attorney

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

successfully prevented Deft from going to the taking of the deposition, in order
to prison. Later, the charges against Deft better to prepare her cross-examination.
were dismissed.
Is Alpha subject to discipline27 if she
Is Attorney subject to discipline for interviews Pres without Beta’s
entering into this retainer agreement? knowledge and consent?

A. Yes, because Attorney agreed to a fee A. No, unless Pres will be personally
contingent on the outcome of a liable to Agri for damages in the event
criminal case. judgment is rendered against Agri.
B. Yes, because a lawyer may not B. No, because Pres allegedly entered
acquire a proprietary interest in a into the contract on behalf of Agri.
client’s property. C. Yes, because Pres is being called as an
C. No, because the charges against Deft adverse witness.
were dismissed. D. Yes, because Pres is the president of
D. No, because the retainer agreement is Agri.
in writing.
QUESTION NO. 86
QUESTION NO. 85
Attorney represents ten plaintiffs who
Attorney Alpha filed a complaint on were injured when a train operated by
behalf of Client against Agri, a Railroad was derailed. Railroad has
corporation, alleging that Agri had offered Attorney a $500,000 lump sum
breached a valid oral contract entered settlement for the ten plaintiffs. Attorney
into on Agri’s behalf by Pres, the has determined a division of the
president and chief executive officer of $500,000 among the ten plaintiffs with
Agri, to sell Client certain merchandise the amount paid each plaintiff dependent
for a specified price. Attorney Beta, on the nature and extent of that person’s
representing Agri, has filed an answer injuries. Attorney believes the division is
denying the contract and asserting the fair to each plaintiff.
statute of frauds as a defense.
Railroad will not settle any of the claims
Attorney Beta has given notice to Alpha unless all are settled. Attorney has told
that he will take the deposition of Pres on each plaintiff the total amount Railroad is
the grounds that Pres will be out of the prepared to pay, the amount that the
country on the date the case is set for individual will receive, and the basis on
trial. Pres is not a shareholder of Agri. which that amount was calculated.
Alpha would like to interview Pres, prior Attorney has not told any plaintiff the
amount to be received by any other
27
피고 회사의 주주아닌 대표이사를 피고 대리인이 증인신문 신청한 경우 위 심문기일전에 피고 변호사의 동의없이 모르는 상황에서 위 대표이사를 interview 하면?
징계대상이다. b/c 그는 피고회사의 사장이므로
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

plaintiff. Attorney believes that if offenses in his banking activities as a

Attorney reveals to each plaintiff the result of his addiction. Beta asked Alpha
amount of each settlement, there is to represent him. Alpha agreed, but
danger that some plaintiffs will think that explained that Alpha could do little for
they are not getting enough in relation to two weeks and would consult with Beta
the amounts others will receive and the immediately upon Alpha’s return. While
entire settlement will be upset. Each of on the fishing trip, Cepa, an accountant
the plaintiffs has agreed to his or her who knew that Alpha represented Beta,
settlement. told Alpha that Cepa had been retained
by the trust department of Bank, a
Is Attorney subject to discipline if commercial bank, to audit several
Attorney effects such a settlement? substantial trust accounts in which Bank
and Beta are co-trustees. Cepa also told
A. Yes, because Attorney is aiding the Alpha that the audit furnished
lawyer for Railroad in making a lump incontrovertible proof that Beta had
sum settlement. embezzled more than $100,000 from the
B. Yes, because no individual plaintiff trust accounts.
knows the amount to be received by
any other plaintiff. Must28Alpha report Beta’s embezzlement
C. No, if to disclose all settlements to to the appropriate disciplinary authority?
each plaintiff might jeopardize the
entire settlement. A. Yes, because Alpha learned of Beta’s
D. No, if the amount received by each embezzlement from Cepa.
plaintiff is fair and each plaintiff is B. Yes, because Alpha’s failure to report
satisfied. would assist the concealment of
Beta’s breach of trust.
QUESTION NO. 87 C. No, because Alpha gained the
information while representing Beta.
Attorney Alpha serves on a bar D. No, because the information will
association committee established to probably be made public by Bank.
counsel and rehabilitate lawyers who
suffer from substance abuse. The day QUESTION NO. 88
before Alpha was to leave on a fishing
trip, Alpha’s close friend, Attorney Beta, The following advertisement appeared in
disclosed to Alpha that, over the a daily newspaper in a state in which
preceding two years, Beta had become both parties are members of the bar:
heavily addicted to cocaine and was
afraid he had committed criminal A. ALPHA, M.D., J.D.
28
변호사인 B 의 형사사건을 대리하던 중 B 와 공동수탁자인 C 로부터 B 의 횡령사실을 들은 경우 report 해야 하는가? NO. b/c B 의 대리 중 위 정보를 얻은
것이므로. (주의) C 로부터 들은 것이므로(No), Report 하지 않으면 B 의 breach 를 숨기는 것이 되므로(No).

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

and C. Yes, unless Alpha identified Client to

B. BETA, J.D. Beta.
D. Yes, because Alpha and Beta are
Attorneys at Law partners in the same firm.
1000 “A” Street, City, State, 00000
Telephone (555) 555-5555. QUESTION NO. 90
Are Alpha and Beta subject to discipline? Judge, a state court judge, has presided
over the pretrial proceedings in a case
A. No, because both law and medicine involving a novel contract question under
are licensed professions. the Uniform Commercial Code. During
B. No, if they possess the degree(s) the pretrial proceedings, Judge has
stated. acquired considerable background
C. Yes, because the reference to the M.D. knowledge of the facts and law of the
degree is self-laudatory.29 matter and, therefore, is particularly well
D. Yes, unless they limit their practice to qualified to preside at the trial. Shortly
areas in which a medical degree is before the trial date, Judge discovered
relevant. that his brother owns a substantial block
of stock in the defendant corporation. He
QUESTION NO. 89 determined that his brother’s financial
interests would be substantially affected
While working on a complex matter for by the outcome of the case. Although
Client, Attorney Alpha, a partner in the Judge believed he would be impartial, he
law firm of Alpha and Beta, identified a disclosed to the parties, on the record, his
particularly difficult issue of law that brother’s interest.
could prove decisive in the dispute.
Alpha had not encountered this issue Is it proper for Judge to hear the case?
before and was uncertain of its effect.
Alpha called Alpha’s partner, Attorney A. Yes, because Judge is particularly
Beta, and asked her for assistance. well qualified to preside at the trial.
B. Yes, because Judge believes his
Was it proper for Alpha to consult with judgment will not be affected by his
Beta? brother’s stockholding.
C. No, because disqualification based on
A. No, unless the total fee is not a relative’s financial interest cannot
increased by the consultation. be waived.
B. No, because Client’s consent was not D. No, unless after proper proceedings in
previously obtained. which Judge did not participate all

29
스스로 찬양하는
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

parties and their lawyers consent in Assume all factual statements are
writing that Judge may hear the case. accurate.

QUESTION NO. 91 Which of the following statements is it

proper30 for Attorney to make during the
Attorney is representing Deft on a charge campaign?
of armed robbery. Deft claims that the
prosecution witness is mistaken in her I. “Incumbent has been reversed by the
identification. Deft has produced Baker, appellate courts more than any other
who will testify that Deft was in another judge in the state during the preceding
city 500 miles away when the robbery two years.”
occurred. Attorney knows that Baker is II. “Incumbent was publicly censured by
lying, but Deft insists that Baker be the state Judicial Qualification
called on Deft’s behalf. Commission on one occasion for his
overbearing conduct in court.”
Is Attorney subject to discipline if she III. “Incumbent was given a poor rating
calls Baker? for judicial temperament in a county
bar association poll.”
A. Yes, unless, before calling Baker, IV. “During the previous year, the
Attorney informs the court of her belief. average sentence in armed robbery
B. Yes, because Attorney knows Baker cases tried in Incumbent’s court was
will be testifying falsely. 3.5 years, and in murder cases was 8.2
C. No, unless Attorney relies on the alibi years. If I am elected, I won’t be soft
defense in her argument before the jury. on crime.”
D. No, because Deft has insisted that
Baker be called as a witness on Deft’s A. I only
behalf. B. I and II, but not III or IV
C. I, II, and III, but not IV
QUESTION NO. 92 D. I, II, and IV, but not III

Attorney is a candidate for a judicial QUESTION NO. 93

office that has been occupied by
Incumbent for six years. Attorney has The state bar association has offered
conducted a thorough investigation of Judge and her spouse free transportation
Incumbent’s personal and professional and lodging to attend its institute on
life. judicial reform. Judge is expected to
deliver a banquet31 speech.

30
Judicial Office 입후보자의 선거운동 중 가능한 발언 내용은? 1. A 판사의 판결은 다른 어떤 판사보다 항소심 파기율이 높다. 2. A 는 거만한 태도 때문에
징계위원회로부터 견책을 받았다. 3. 변협의 판사자질에 대한 투표에서 낮은 평가를 받았다.
31
연회
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Is it proper for Judge to accept this offer?

Which32 of these statements would be
A. Yes, unless the value of the proper?
transportation and lodging exceeds $500.
B. Yes, because the activity is devoted to A. I only
the improvement of law. B. II only
C. No, if members of the bar association C. III only
regularly appear in Judge’s court. D. I, II, and III
D. No, because the bar association is
offering free transportation to Judge’s QUESTION NO. 95
spouse.
Leaving an airport, Attorney, who
QUESTION NO. 94 primarily practices criminal law, shared a
cab with Doctor, a medical doctor. The
Attorney represents Client, a well-known cab was involved in a collision, and
contractor, before Agency, a state Doctor was seriously injured, while
administrative agency. Agency has Attorney was only shaken up. Attorney
ordered Client to show cause why accompanied Doctor to the hospital in
Client’s license as a contractor should the ambulance. Doctor believed that she
not be revoked for violation of agency was dying and asked Attorney to prepare
regulations. In a newspaper interview a simple will for her. Attorney told
prior to the administrative hearing, Doctor, “I have never prepared a will, but
Attorney truthfully stated that: hope that I can remember the basics from
law school.” Attorney then complied
I. “Client denies the charge made by with Doctor’s request. Doctor signed the
Agency that Client engaged in will, and the two paramedics in the
conduct constituting grounds for ambulance signed as witnesses.
revocation of Client’s license as a
contractor.” Was it proper for Attorney to prepare the
II. “The next step in the administrative will?
process is the administrative hearing;
if Agency is successful, we will A. Yes, unless Attorney omitted some
appeal, and Agency still cannot required formality that rendered the
revoke Client’s license until a court will invalid.
affirms the finding for Agency.” B. Yes, because Attorney provided legal
III. “Client needs witnesses who are services that were reasonably
aware of the incidents that are the necessary under the circumstances.
subject of the hearing.”
32
행정위원회에서 의뢰인을 대리하고 있는 변호사가 언론과 interview 한 내용으로 가능한 것은? 1. 정부주장 내용중 의뢰인이 면허취소사유에 해당하는 행위를 했다는
것을 부인하였다. 2. 다음 단계는 hearing 이다. 우리는 항소할 것이다. 법원판결이 확정되기 전 까지 위원회는 의뢰인의 면허를 취소할 수 없다. 3. Hearing 에서
우리를 도와줄 증인이 필요하다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

C. No, unless Doctor waived Attorney’s D. No, because Bank will be involved in
malpractice liability. the practice of law.
D. No, because Attorney did not have the
skill required for the representation. QUESTION NO. 97

QUESTION NO. 96 Attorney is representing Client, the

plaintiff in a personal injury case, on a
Attorney has recently started her own contingent fee basis. Client is without
law firm with four other lawyers as resources to pay for the expenses of the
associates. The law firm has moved into investigation and the medical
offices in a new building which is owned examinations necessary to prepare for
by Bank. Attorney has borrowed heavily trial. Client asked Attorney to pay for
from Bank to finance her new law firm. these expenses. Attorney declined to
In addition, Bank provides the law firm advance the funds but offered to
with accounting services through its guarantee Client’s promissory note to a
computer. local bank in order to secure the funds
needed to cover those expenses. Client
At Bank’s suggestion, an employee of has agreed to reimburse Attorney in the
Bank, who is not a lawyer, serves as a event Attorney incurs liability on the
part-time office manager for the law firm guaranty.
without compensation from the firm. The
duties of the office manager are to advise Is Attorney subject to discipline34 if she
the firm generally on fees and time guarantees Client’s promissory note?
charges, program matters for the
computer services, and consult with A. Yes, because Attorney is lending her
Attorney on accounting and billing credit to Client.
practices to ensure solvency.33 B. Yes, because Attorney is helping to
finance litigation.
Is the arrangement with Bank proper? C. No, because the funds will be used for
trial preparation.
A. Yes, unless secrets or confidences of D. No, because Attorney took the case on
clients may be disclosed to Bank. a contingent fee basis.
B. Yes, because the office manager is
paid by Bank. QUESTION NO. 98
C. No, because a nonlawyer will be
advising the law firm on fees and time Attorney Alpha represents Defendant in
charges. an action for personal injuries. Alpha,
33
은행의 제안으로 변호사 아닌 은행직원이 part-time office manager 로 보수를 받지 않고 fee 청구와 computer services, account 와
fee billing 실무에 관하여 조언해 주는 것이 적절한가? 의뢰인의 비밀이 은행에 공개되지 않은 한 적절하다.
34
소송비용에 사용하기 위해 은행으로부터 자금을 빌리는 경우 변호사가 약속어음에 보증할 수 있는가? 소송비용에 쓰는 것이므로 가능하다. (주의) 신용을 제공하는
경우이므로 징계대상이다(No).
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

pursuant to Defendant’s authorization,

made an offer of settlement to Attorney QUESTION NO. 99
Beta, who represents Plaintiff. Beta has
not responded to the offer, and Alpha is Attorney Alpha represents Wife in a
convinced that Beta has not marriage dissolution proceeding that
communicated the offer to Plaintiff. State involves bitterly contested issues of
law authorizes a defendant to move for a property division and child custody.
settlement conference and to tender an Husband is represented by Attorney
offer of settlement. If such a motion is Beta. After one day of trial, Husband,
made and the offer is rejected by Plaintiff through Beta, made a settlement offer.
and the eventual judgment does not Because of Husband’s intense dislike for
exceed the amount of the offer, Plaintiff Alpha, the proposed settlement requires
must bear all costs of litigation, including that Alpha agree not to represent Wife in
reasonable fees, as determined by the any subsequent proceeding, brought by
court, for Defendant’s counsel. either party, to modify or enforce the
provisions of the decree. Wife wants to
Alpha, with Defendant’s consent, filed a accept the offer, and Alpha believes that
motion requesting a settlement the settlement offer made by Husband is
conference, tendered an offer to settle for better than any award Wife would get if
$25,000, and served copies of the motion the case went to judgment.
and tender on Beta and on Plaintiff
personally. Is it proper for Alpha to agree that Alpha
will not represent Wife in any subsequent
Is Alpha subject to discipline35 for proceeding?
serving Plaintiff with a copy of the
motion and tender? A. Yes, because the restriction on Alpha
is limited to subsequent proceedings
A. Yes, unless service of copies of the in the same matter.
motion and tender on Plaintiff were B. Yes, if Alpha believes that it is in
authorized by statute or rule of court. Wife’s best interests to accept the
B. Yes, unless Alpha first informed Beta proposed settlement.
of Alpha’s intention to serve copies of C. No, because the proposed settlement
the motion and tender on Plaintiff. would restrict Alpha’s right to
C. No, because the decision to accept or represent Wife in the future.
reject a settlement offer rests with the D. No, unless Alpha believes that Wife’s
client. interests can be adequately protected
D. No, because the motion and tender by another lawyer in the future.
became public documents when they
were filed in court.
35
주법에 따라 피고 대리인이 원고 본인과 원고 대리인에게 settlement motion 을 serve 한 경우 징계대상인가? 그렇다. Motion paper 와 화해
금원의 지급이 법률과 법원의 규칙에 의하여 승인되지 않은 것이라면.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

QUESTION NO. 100 “Your honor, I drive on the street in

question every day and I know that a
Attorney represented Plaintiff, who was driver cannot see cars backing out of
the plaintiff in litigation that was settled, driveways as the one did in this case. I
with Plaintiff’s approval, for $25,000. believe that my client was not
Attorney received a check in that amount negligent, and I ask you to so find.”
from Defendant, payable to Attorney’s
order. Attorney endorsed and deposited Was Attorney’s closing argument
the check in Attorney’s Clients’ Trust proper?
Account. Attorney promptly notified
Plaintiff and billed Plaintiff $5,000 for A. Yes, if Attorney was speaking
legal fees. Plaintiff disputed the amount truthfully and not trying to deceive the
of the fee and wrote Attorney, stating, “I court.
will agree to pay $3,000 as a reasonable B. Yes, because the rules of evidence are
fee for the work you did, but I will not very liberal when the trial is before a
pay anything more than that.” judge without a jury.
C. No, because Attorney asserted
It is proper for Attorney to: Attorney’s personal knowledge of facts
in issue.
I. retain the entire $25,000 in Attorney’s D. No, if there is no other evidence in the
Clients’ Trust Account until the fee record about the facts asserted by
dispute is settled. Attorney.
II. send Plaintiff $20,000, transfer $3,000
to Attorney’s office account, and QUESTION NO. 102
retain $2,000 in Attorney’s Clients’
Trust Account until the dispute is Plaintiff, who is not a lawyer, is
settled. representing himself in small claims
III. send Plaintiff $20,000 and transfer court in an action to recover his security
$5,000 to Attorney’s office account. deposit from his former landlord.
Plaintiff told Attorney, a close friend
A. I only who lived near him, about this case, but
B. II only did not ask Attorney for any advice.
C. I and II, but not III Attorney said,
D. I, II, and III
“I’ll give you some free advice. It
QUESTION NO. 101 would help your case if the new
tenants would testify that the
In Attorney’s closing statement to the apartment was in good shape when
court in a bench trial, Attorney said, they moved in, and, contrary to the

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

allegation of your former landlord, it

was not, in fact, repainted for them.” QUESTION NO. 104
Plaintiff followed Attorney’s advice and Attorney is employed in the legal
won his case. department of Electco, a public utility
company, and represents that company in
Is Attorney subject to discipline36 for litigation. Electco has been sued by a
assisting Plaintiff in preparing for his consumer group that alleges Electco is
court appearance? guilty of various acts in violation of its
charter. Through its general counsel,
A. Yes, because Attorney assisted Electco has instructed Attorney not to
Plaintiff in the practice of law. negotiate a settlement but to go to trial
B. Yes, because Attorney offered under any circumstances since a
unsolicited, in-person legal advice. precedent needs to be established.
C. No, because Plaintiff was representing Attorney believes the case should be
himself in the proceedings. settled if possible.
D. No, because Attorney was not
compensated for his advice. Must37 Attorney withdraw as counsel in
the case?
QUESTION NO. 103
A. Yes, if Electco is controlling
Attorney is defending Client, who has Attorney’s judgment in settling the case.
been indicted for burglary. During an B. Yes, because a lawyer should
interview, Client stated to Attorney that endeavor to avoid litigation.
before he had consulted Attorney, Client C. No, if Electco’s defense can be
had committed perjury while testifying supported by a good faith argument.
before the grand jury that indicted him. D. No, because as an employee, Attorney
is bound by the instructions of the
Attorney is subject to discipline if she: general counsel.

A. continues to represent Client. QUESTION NO. 105

B. continues to represent Client unless
Client admits his perjury. Four years ago, Alpha was a judge in a
C. does not inform the authorities of the state court of general jurisdiction and
perjury. heard the civil case of Plaintiff against
D. informs the authorities of the perjury. Defendant in which Plaintiff prevailed
36
나홀로 소송을 하는 이웃에 사는 친구인 원고에게 조언을 해주어 그가 소송에서 승소한 경우 원고를 도와준 것이 징계대상인가? NO. b/c 원고는 자신 스스로 소송수행
중 이므로. (주의) not compensation 이므로 징계대상이 아니다(No). 원고의 law practice 를 도와준 경우이므로 징계대상이다(No).
37
변호사는 가능한 한 화해하고 싶지만 의뢰인인 피고 회사는 선례를 남기는 것이 중요하므로 화해하지 말라고 변호사에게 요청한 경우 변호사는 반드시 대리를 철회해야
하는가? NO. 만일 피고의 defense 가 good faith argument 에 의하여 지지될 수 있다면. (주의) 만일 피고가 변호사의 법적 판단을 control
한다면 대리를 철회해야 한다(No).
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

and secured a judgment for $50,000

which was sustained on appeal. Since Is Alpha subject to discipline?
then Alpha has resigned from the bench
and returned to private practice. A. Yes, because Defendant was
Defendant has filed suit to enjoin represented by counsel.
enforcement of the judgment on the B. Yes, because Alpha was assisting Inv
grounds of extrinsic fraud in its in the unauthorized practice of law.
procurement. Plaintiff has now asked C. No, because Inv is not a lawyer.
Alpha to represent Plaintiff in defending D. No, if Alpha reasonably believed Beta
the suit to enjoin enforcement. was not keeping Defendant informed.

Is it proper for Alpha to accept the QUESTION NO. 107

representation of Plaintiff in this matter?
Attorney served two four-year terms as
A. Yes, because Alpha would be the governor of State immediately prior
upholding the decision of the court. to reopening his law office in State.
B. Yes, if Alpha’s conduct of the first Attorney printed and mailed an
trial will not be in issue. announcement of his return to private
C. No, unless Alpha believes the present practice to members of the bar, persons
suit is brought in bad faith. who had previously been his clients, and
D. No, because Alpha had acted in a personal friends whom he had never
judicial capacity on the merits of the represented. The printed announcement
original case. stated that Attorney had reopened his law
office, gave his address and telephone
QUESTION NO. 106 number, and added that he had been
governor of State for the past eight years.
Attorney Alpha represents Plaintiff in a
personal injury action against Defendant, Is Attorney subject to discipline for the
the defendant, who is represented by announcement?
Attorney Beta. Alpha had heard that
Defendant was anxious to settle the case A. Yes, because it was mailed to persons
and believed that Beta had not informed who had not been his clients.
Defendant of a reasonable settlement B. Yes, because his service as governor
offer made by Alpha. Alpha instructed is unrelated to his ability as a lawyer.
Alpha’s nonlawyer investigator, Inv, to C. No, because the information in the
tell Defendant about the settlement offer announcement is true.
so Alpha could be sure that Beta does not D. No, because all of the information was
force the case to trial merely to increase already in the public domain.
Beta’s fee. Inv talked to Defendant as
instructed. QUESTION NO. 108
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

called for Client to pay Able & Baker’s

Attorney placed Associate, recently hourly rates of $180 per hour for a
admitted to the bar, in complete charge partner’s time and $110 per hour for an
of the work of the paralegals in associate’s time. The representation
Attorney’s office. That work consisted of proceeded. Able & Baker submitted
searching titles to real property, an area monthly bills, which Client paid
in which Associate had no familiarity. promptly. After two years, Able & Baker
Attorney instructed Associate to review decided to increase their hourly rates by
the searches prepared by the paralegals, $10. Able & Baker thereafter billed
and thereafter to sign Attorney’s name to Client at their new rates, but did not
the required certifications of title if specifically inform Client of the increase.
Associate was satisfied that the search
accurately reflected the condition of the
title. This arrangement enabled Attorney
to lower office operating expenses.
Attorney told Associate that Associate
should resolve any legal questions that
might arise and not to bother Attorney
because Attorney was too busy handling
major litigation.

Is it proper for Attorney to assign

Associate this responsibility?

A. Yes, if the paralegals are experienced

in searching titles.
B. Yes, because Attorney is ultimately
liable for the accuracy of the title
searches.
C. No, unless it enables Attorney to
charge lower fees for title certification.
D. No, because Attorney is not
adequately supervising the work of
Associate.

QUESTION NO. 109

The law firm of Able & Baker agreed to

represent Client in various business
matters. The written retainer agreement

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Client continued to pay monthly bills QUESTION NO. 111

promptly.38
Attorney’s standard retainer contract in
Are Able & Baker subject to discipline? divorce cases provides for the payment
of a fee of one-third of the amount of
A. Yes, because the entire original fee alimony or property settlement secured
agreement was required to be in writing. by Attorney. Attorney declines to
B. Yes, because Client did not consent to represent clients who do not agree to this
the increase. arrangement.
C. No, if the $10 hourly increase is
reasonable. Is Attorney’s standard retainer contract
D. No, because Client agreed in writing proper?
to pay Able & Baker’s hourly rate.
A. Yes, because clients often prefer to
QUESTION NO. 110 pay a lawyer a fee based on the
outcome of the case.
During the closing argument to the jury B. Yes, if a fee of one-third is not
in a civil tax fraud case, Attorney, excessive.
representing the government, quoted a C. No, because a lawyer may not acquire
portion of Defendant’s testimony and a proprietary interest in a cause of action.
then said: D. No, because the fee is contingent.

I. “That testimony of Defendant directly QUESTION NO. 112

contradicts the testimony of two
witnesses for the government.” Attorney Alpha was retained by Client to
II. “I ask you, who has the reason to lie, represent Client in defense of an action
the two witnesses for the government brought against Client by Plaintiff. In
or Defendant?” order to obtain ample time for settlement
III. “I can truthfully say I have never negotiations, Alpha immediately
seen a witness less worthy of belief.” requested and obtained from opposing
counsel, Attorney Beta, a stipulation
Which of the above statements by extending Client’s time to answer the
Attorney would be proper? complaint until ten days after receipt of
written demand from Beta. Four months
A. I only later, no settlement had been reached,
B. I and II, but not III and on May 1, Beta wrote Alpha
C. II and III, but not I demanding that an answer be filed within
D. I, II, and III ten days. When no answer was filed by

Fee agreement 2 년후 변호사가 의뢰인의 동의 없이 fee 를 $10 인상한 경우 의뢰인은 아무런 이의도 없이 인상된 fee 를 지급하였다. 징계대상인가?
38

Yes. 의뢰인이 fee 인상에 동의하지 않았으므로

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

May 15, Beta had a default judgment public interest and is closely followed by
entered in favor of Plaintiff. Alpha was the news media.
away on a two-month vacation when
Beta’s letter was received in her office. When Plaintiff completed her testimony,
When Alpha returned on June 15, she Attorney was interviewed by a
promptly moved to have the default set newspaper reporter.
aside and her motion was granted.
Which of the following statements, if
Is Alpha subject to discipline? believed by Attorney to be true, would be
proper39 for Attorney to make?
A. Yes, unless she makes restitution to
Client for any loss sustained by Client. I. “As stated in our pleadings, we expect
B. Yes, if she did not make provision for to prove that other men could be the
the handling of her pending cases father of Plaintiff’s child.”40
while she was away. II. We have scientific medical tests
C. No, because the default judgment was proving that Defendant is sterile.”41
set aside. III. “We have been unable to locate
D. No, unless she knew that Beta had several people whose testimony will
demanded that an answer be filed be helpful to us, and I implore them to
within ten days. contact me immediately.”

QUESTION NO. 113 A. II only

B. III only
Attorney represents Defendant, a C. I and III, but not II
prominent businessman, in a civil D. I, II, and III
paternity suit brought by Plaintiff, who
was formerly Defendant’s employee. QUESTION NO. 114
Blood tests did not exclude Defendant’s
paternity, and the case is being tried Attorney Alpha is a lawyer running for
before a jury. The result turns on election as a state judge. Attorney Beta,
questions of fact. Defendant has who practices law in the same
steadfastly denied that he had sexual community as Alpha, has frequently
relations with Plaintiff, while Plaintiff observed Alpha’s courtroom demeanor in
has testified that they had sexual litigated cases. Based on those
relations while on business trips and in experiences, Beta believes that Alpha
her home. The trial has generated great does not have a proper judicial

39
Paternity 소송에서 피고(Man)를 대리하던 중 언론이 관심을 갖고 interview 요청을 함. 변호사의 interview 내용 중 1. 다른 남자가 원고
(Woman)의 子의 父 일 것으로 기대한다(OK). 2. 우리는 증인이 필요하다. 즉시 나와 접촉해주길 바란다(OK). 3. 나는 나의 의뢰인(피고; Man)이
불임이라는 것을 입증하였다(No).
40
다른 남자가 원고의 지아비일 것으로 기대한다.
41
나의 의뢰인이 불임이라는 것을 입증하였다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

temperament. A local news reporter trial at the earliest available date. There
asked Beta how Beta would rate the are several other competent lawyers who
candidates, and Beta responded in good are willing to undertake the
faith, “I think Alpha is unsuited for the representation.
bench. Alpha lacks the proper judicial
temperament and would make a very Is it proper for Attorney to ask leave of
poor judge.” A local newspaper with a the court to withdraw?
wide circulation quoted Beta’s remarks.
A. Yes, because a lawyer may
Were Beta’s remarks proper? discontinue representation in a civil
case at any time before trial.
A. Yes, because Beta was not seeking B. Yes, because Client’s conduct makes
judicial office. it unreasonably difficult for Attorney
B. Yes, because Beta believed Alpha was to represent Client effectively and
unsuited for the bench. competently.
C. No, because the remarks serve to C. No, because Attorney must follow
bring the judiciary into disrepute.42 Client’s instructions.
D. No, because a lawyer should not D. No, unless Client consents to
publicly comment on candidates for Attorney’s withdrawal.
judicial office.
QUESTION NO. 116
QUESTION NO. 115
The judicial district in which Judge sits
Attorney has been representing Client in has a rule that allows litigants two
a matter in litigation. During protracted postponements as a matter of right. After
pretrial proceedings, Client complained that, a litigant who moves for a
bitterly about the time and expense postponement must convince the
involved and insisted that Attorney take presiding judge that a postponement is
steps to terminate the pretrial appropriate. Judge routinely grants
proceedings. Attorney believes that to do additional postponements because, in her
so would jeopardize Client’s interests view,
and has so informed Client. Attorney
believes that the case cannot be “What harm is done if one of the
adequately prepared for trial without litigants wants a postponement? The
further pretrial proceedings that will worst that can happen is that the
require an additional six months’ delay parties have more time to negotiate
and involve further expense. Client and thus are more likely to settle.”
insists that Attorney forego any further
pretrial proceedings and set the case for Are Judge’s actions proper?
42
평판이 나쁨, 악평
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

information that might prevent the

A. Yes, because Judge is exercising her condemnation.
judicial discretion. B. represent Owner and attempt to
B. Yes, because a party objecting to a prevent the condemnation by using
postponement can seek appellate review. the information about the adverse
C. No, because judges have no official environmental impact.
obligation to encourage private C. refuse to represent Owner but disclose
settlements. to Owner the information about the
D. No, because Judge should expedite adverse environmental impact.
the determination of matters before her. D. refuse to represent Owner and not
disclose the information about the
QUESTION NO. 117 adverse environmental impact.

Two years ago, Attorney was employed QUESTION NO. 118

by State’s Department of Transportation
(DOT) to search title to several tracts of Attorney, who had represented Testator
land. Attorney has not been employed by for many years, prepared Testator’s will
DOT during the last year. Recently, DOT and acted as one of the two subscribing
instituted proceedings to condemn a witnesses to its execution. Testator’s
tract, owned by Owner, for a new sister and brother were his sole heirs. The
highway route. Owner asked Attorney to will left Testator’s entire estate to his
represent her in obtaining the highest sister and nothing to his brother. Upon
amount of compensation for the Testator’s death two years later,
condemnation. Owner’s tract is one of Executor, the executor named in the will,
the tracts on which Attorney searched asked Attorney to act as his lawyer in the
title two years ago. Attorney remembers probate of the will and the administration
that Engineer, a DOT engineer, once of the estate. At that time, Executor
drafted a confidential memorandum informed Attorney that Testator’s brother
advising against running a new highway would concede that the will was properly
across Owner’s land because of potential executed but intended to contest the will
adverse environmental impact. Because on the ground that he had been excluded
of this information, Attorney believes it because of fraud previously practiced on
is possible to prevent the condemnation Testator by Testator’s sister. The other
of Owner’s land or to increase the subscribing witness to the will
settlement amount. predeceased Testator, and Attorney will
be called as a witness solely for the
It is proper for Attorney to:

A. represent Owner on the issue of

damages only and not disclose the

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

purpose of establishing the due execution prospective juror or member of the

of the will.43 family.”

Is it proper44 for Attorney to accept the Is Attorney subject to discipline for so

representation? instructing her investigator?

A. Yes, if there is no contested issue of A. Yes, unless the prospective jurors

fact with respect to the formal investigated are, in fact, selected to
execution of the will. serve on the jury in the case.
B. Yes, because Executor has no B. Yes, because the investigation is
beneficial interest under the will. intended to harass prospective jurors
C. No, unless Attorney’s services are and members of their families.
necessary to avoid substantial C. No, if the matters inquired into might
hardship to Executor. be relevant to a prospective juror’s
D. No, because Attorney will be called as qualifications to serve in the case.
a witness in the case. D. No, because no prospective juror was
directly contacted.
QUESTION NO. 119
QUESTION NO. 120
Attorney has been retained to defend an
adult charged with a sex offense Attorney prepared a will for Client and
involving a minor. Attorney believes acted as one of the subscribing witnesses
that, in order to win the case, she must to Client’s execution of the will. The will
keep parents of minor children off the left all of Client’s estate to Son, Client’s
jury. Attorney instructed her investigator son. Later, at Client’s request, Attorney
as follows: prepared a second will for Client and
acted as one of the subscribing witnesses
“Visit the neighborhood of those to Client’s execution of the second will.
prospective jurors on the panel with The second will left one-half of Client’s
minor children. Ask the neighbors if estate to Son and the other one-half to
they know of any kind of unusual sex Housekeeper, Client’s housekeeper.
activity of the prospective juror or any Client died and Housekeeper has offered
member of the family. This talk will the second will for probate.
get back to the prospective jurors, and
they will think of excuses not to If Son requests Attorney to represent him
serve. But don’t under any in opposing probate of the second will on
circumstances talk directly with any the grounds of fraud and undue
43
문제 44, 120 와 같은 fact pattern 에서 변호사가 대리를 하면 proper 한가? 만일 issue of fact 에 다툼이 없다면 대리가 적절하다는 보기가
정답임
44
Will 을 작성한 변호사가 sole witness 인 상황에서 executor 으로부터 probation 사건의 대리를 요청한 경우? 대리불가. b/c 다툼있는 facts 의
쟁점에 대하여 증언하도록 소환될 것이므로.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

influence, is it proper45 for Attorney to do

so? Thereafter, one of the defendants filed a
counterclaim that required a responsive
A. Yes, because after Client’s death pleading within thirty days. Because
Attorney may represent Son. Attorney had not been paid, Attorney
B. Yes, because Son is a beneficiary permitted the time to respond to the
under both wills. counterclaim to expire without filing a
C. No, because an attorney guarantees responsive pleading, and a default was
the validity of a will that he or she entered on the counterclaim. Later,
prepares. Plaintiff reimbursed Attorney for the
D. No, because Attorney would be taking costs Attorney had advanced, and
a position adverse to a will she Attorney was successful in having the
prepared and witnessed. default on the counterclaim set aside. The
case was tried, and Plaintiff prevailed on
QUESTION NO. 121 Plaintiff’s complaint, and the counter-
claimant recovered nothing.
Attorney represented Plaintiff in an
action against several defendants. The Is Attorney subject to discipline46 for not
retainer agreement provided that Plaintiff initially filing a responsive pleading to
would pay all costs and expenses of the counterclaim?
litigation and would, on demand,
reimburse Attorney for any costs or A. Yes, because Attorney neglected
expenses advanced by Attorney. After Plaintiff’s cause.
serving process on two defendants, B. Yes, unless Attorney had asked leave
Attorney had difficulty locating and of court to withdraw.
serving the remaining defendants. C. No, because Plaintiff breached the
Plaintiff approved the hiring of an agreement to reimburse Attorney.
investigator to locate and serve the D. No, because Plaintiff did not sustain
defendants, and Attorney advanced the any prejudice as a result of Attorney’s
costs for the investigator. When Attorney action.
asked Plaintiff for reimbursement,
Plaintiff refused to pay. Attorney then QUESTION NO. 122
told Plaintiff that Attorney would do no
more work on the case until Attorney Judge, prior to her recent appointment to
was reimbursed for the amount the federal court, had been an
advanced. outspoken47 and effective opponent of the

45
Will 을 작성한 변호사가 sole witness 인 상황에서 executor 으로부터 probation 사건의 대리를 요청한 경우? 대리불가. b/c 다툼있는 facts 의
쟁점에 대하여 증언하도록 소환될 것이므로.
46
의뢰인이 fee 를 지급하지 않아 counterclaim 에 response filing 을 하지 않은 경우 징계받는가? Yes. b/c 원고의 cause of action 에
대하여 방치, 태만(neglect) 하였으므로
47
솔직히 말하다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

racial segregation policies of Gov, a problem. At the end of the appointment,

foreign country. As part of its worldwide Client agreed that Attorney should
tour, Gov’s national soccer team pursue the matter, agreed to a fee of $100
scheduled a soccer match with a team in per hour, and gave Attorney a check for
this country. Several civil rights groups $5,000 to cover the 5 hours already
have applied to Judge for an order worked and as an advance on further fees
enjoining the playing of the proposed and expenses.
match. The matter is now pending. Only
legal issues are presented. Judge, after Attorney gave the check to the office
painstaking consideration, has privately, bookkeeper with the directions to
concluded that she cannot decide the “Deposit the check in the Clients’ Trust
legal questions without bias against the Account and immediately transfer $3,000
representatives of Gov’s government. to our General Office Account to cover
However, no one has made a motion to the 5 hours of research already conducted
disqualify Judge. plus the 25 additional hours I’ll spend on
it next week.” At that time, Attorney
Must Judge recuse herself in the pending reasonably believed that Attorney would
matter? spend 25 additional hours on the case.

A. Yes, unless Judge believes she has The bookkeeper followed these
greater expertise than other judges on directions. The next week, Attorney
the court in legal issues involving worked diligently on the matter for 23
racial segregation. hours. Reasonably believing that no
B. Yes, because Judge believes that she significant work remained to be done on
cannot be impartial. the matter, Attorney directed the
C. No, because the only issues presented bookkeeper to transfer $200 from the
for decision are legal questions. General Office Account to the Clients’
D. No, because none of the interested Trust Account. Attorney then called
parties has moved to disqualify Judge. Client and made an appointment to
discuss the status of the matter.
QUESTION NO. 123
Is Attorney subject to discipline?
Client telephoned Attorney, who had
previously represented Client. Client A. Yes, because Attorney accepted legal
described a problem on which he needed fees in advance of performing the work.
advice and made an appointment for the B. Yes, because Attorney transferred
following week to discuss the matter funds for unearned fees to the General
with Attorney. Prior to the appointment, Office Account.
Attorney performed 5 hours of C. No, because Attorney transferred the
preliminary research on Client’s $200 owed to Client from the General

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Office Account to the Clients’ Trust order changing the courtroom in which
Account. the case of Able v. Baker was to be tried.
D. No, because Attorney reasonably After trial and appeal, the case was
believed that Attorney would spend remanded for a new trial. The plaintiff in
25 additional hours on the case. Able v. Baker has now decided to change
lawyers and has asked Alpha to try the
QUESTION NO. 124 case.

Candidate, a member of the bar, is a Will Alpha be subject to discipline if she

candidate for judicial office in an tries this case on behalf of the plaintiff?
election. Candidate personally asked
several of his friends to contribute $1,000 A. Yes, because Alpha acted officially as
each to kick off his campaign. After a judge with respect to an aspect of
Candidate’s friends made the the case.
contributions, Candidate, who was elated B. Yes, because Alpha would try the case
by the support, formed a committee to before a judge of the court on which
collect more contributions. Candidate Alpha previously sat.
then turned over the contributions to the C. No, because Alpha did not act as a
committee and began campaigning in judge with respect to a substantial
earnest. matter or on the merits of the case.
D. No, because any information that
Is Candidate subject to discipline? Alpha learned about the case while
acting as a judge was a matter of
A. No, because Candidate turned over public record.
the funds to his committee.
B. No, unless the committee includes QUESTION NO. 126
lawyers likely to practice before
Candidate. Although licensed to practice law in
C. Yes, unless none of the original State, Attorney Alpha does not practice
contributors was a lawyer. law but works as an investment broker.
D. Yes, because Candidate personally Alpha could have elected inactive status
solicited funds. as a member of the bar, but chose not to
do so. Recently, in connection with a sale
QUESTION NO. 125 of worthless securities, Alpha made
materially false representations to
Judge Alpha has recently resigned from Victim, an investment customer. Victim
the state trial court bench. While she was sued Alpha for civil fraud, and a jury
a judge and supervising activity in cases returned a verdict in Victim’s favor.
pending before Judge Beta, who was on Alpha did not appeal.
vacation, Alpha entered an administrative
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Is Alpha subject to discipline? C. No, because Client rather than

Attorney proposed the fee arrangement.
A. Yes, because Alpha was pursuing a D. No, because Attorney may contract
non-legal occupation while an active with Client for a reasonable contingent
member of the bar. fee.
B. Yes, because Alpha’s conduct was
fraudulent. QUESTION NO. 128
C. No, because Alpha was not convicted
of a crime. Attorney has been hired by Client to
D. No, unless the standard of proof in represent Client in a civil commitment
State is the same in lawyer proceeding initiated by the state. Client is
disciplinary cases and civil cases. now undergoing psychiatric evaluation to
determine whether civil commitment
QUESTION NO. 127 should be ordered. Client told Attorney
that Client intends to commit suicide as
Client was an experienced oil and gas soon as the tests are completed, and
developer. Client asked Attorney for Attorney believes that Client will carry
representation in a suit to establish out this threat. Suicide and attempted
Client’s ownership of certain oil and gas suicide are crimes in the state.
royalties. Client did not have available
the necessary funds to pay Attorney’s Is it proper for Attorney to disclose
reasonable hourly rate for undertaking Client’s intentions to the authorities?
the case. Client proposed instead to pay
Attorney an amount in cash equal to 20% A. Yes, because the information concerns
of the value of the proceeds received a future crime and is not protected by
from the first year royalties Client might the attorney-client evidentiary
recover as a result of the suit. Attorney privilege.
accepted the proposal and took the case.48 B. Yes, because the information concerns
a future crime that is likely to result in
Is Attorney subject to discipline? Client’s imminent death.
C. No, unless Attorney knows that client
A. Yes, because the agreement gave has attempted suicide in the past.
Attorney a proprietary interest in D. No, because disclosure would aid the
Client’s cause of action. state in its civil commitment case
B. Yes, unless the fee Attorney receives against Client.
does not exceed that which Attorney
would have received by charging a QUESTION NO. 129
reasonable hourly rate.

48
의뢰인이 fee 지급을 할 수 없어 승소할 경우 받게 될 첫해 royalties 의 20%를 fee 대신 지급하기로 한 경우 징계받는가? NO. reasonable 한
contingent fee 이다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Attorney is a longtime member of the Attorney agreed to represent Able, a

state legislature and serves on the client, in bringing a lawsuit. Attorney
legislative budget committee that funds and Able executed Attorney’s preprinted
the local trial courts in the state. Attorney retainer form that provides, in part:
also maintains a part-time law practice as
is permitted in the state. Able, an The client agrees to pay promptly
influential business person, who Attorney’s fees for services. In
regularly makes significant contributions addition, the client and Attorney agree
to Attorney’s political campaigns, asked to release each other from any and all
Attorney to help Able’s uncle, Baker, liability arising from the
who was involved in a bitter divorce. representation. The client agrees that
Attorney called the trial judge sitting on Attorney need not return the client’s
Baker’s case, a personal friend of file prior to receiving the client’s
Attorney. In discussing some upcoming executed release. Attorney agrees to
votes of the budget committee with the return the client’s file promptly upon
judge, Attorney mentioned that Baker receipt of all fees owed and of the
was the type of solid citizen and client’s executed release.”
influential person who could help
garner49 support for the budget and thus During their initial meeting, Attorney
ensure the economic health of the recommended that Able consult
judicial system. independent counsel before signing the
retainer agreement, but Able chose not to
Is Attorney subject to discipline? do so. Attorney reasonably believes that
his fee is fair and that the quality of his
A. Yes, if the trial judge ruled in Baker’s work will be competent.
favor.
B. Yes, because Attorney used her public Is Attorney’s retainer agreement with
position to attempt to influence a Able proper?
tribunal in a pending matter.
C. No, if Attorney called the trial judge A. Yes, because Attorney furnished
in her capacity as a legislator and not consideration by agreeing to release
as Baker’s lawyer. Able from liability and to return
D. No, because members of the state Able’s files.
legislature are permitted by law to B. Yes, because Attorney reasonably
engage in part-time legal practice. believes that his fee is fair and that the
quality of his work will be competent.
QUESTION NO. 130 C. No, because Attorney is attempting to
limit prospectively his liability for
malpractice.

49
이익을 얻다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

D. No, because Attorney uses a A. Yes, because Attorney caused

preprinted form for all retainers. Engineer to leave the jurisdiction of
the court for the purpose of making
QUESTION NO. 131 her unavailable as a witness.
B. Yes, because opposing counsel had
Attorney represents Corp, a defendant in not yet had a reasonable opportunity
a product liability case. Engineer, a Corp to learn of Engineer’s views.
employee nearing retirement, was likely C. No, because Engineer’s views were
to be a key witness in the case, as she had reduced to writing and are well
been in charge of all of Corp’s product known to many other employees of
safety testing during the relevant period. Corp.
Engineer had been very critical of Corp’s D. No, unless there was a pending
safety testing procedures during that request for Engineer’s testimony at
period and had repeatedly complained the time the retirement offer was
that the product at issue had not been made to Engineer.
adequately tested. Engineer’s views were
reduced to writing and were well known QUESTION NO. 132
to many employees of Corp. Because of
the early stage of the case, however, Attorney represented Client in a personal
plaintiff’s counsel was not yet aware of injury action against the driver of the car
Engineer’s existence or her views. in which Client was injured while a
passenger. The personal injury action
Aware of Engineer’s views, Attorney was settled, and Attorney received a
approached Corp’s officials and check in the amount of $10,000 payable
recommended that it offer Engineer a to Attorney. Attorney deposited the
special package of severance benefits if check in her Clients’ Trust Account.
she would retire immediately and move
to the Bahamas. Attorney believed that if One day later, Attorney received a letter
Engineer accepted this offer, she would from Bank, which had heard of the
be beyond the subpoena power of the settlement of the personal injury lawsuit.
court in which the suit against Corp was Bank informed Attorney that Client had
pending. Corp adopted Attorney’s failed to make his monthly mortgage
recommendation and made the offer. payments for the last three months and
Engineer accepted it. Attorney did not demanded that Attorney immediately
disclose Engineer’s identity to plaintiff’s release $900 of the proceeds of the
counsel. settlement to Bank or Bank would
institute mortgage foreclosure
Is Attorney subject to discipline? proceedings against Client. Attorney
informed Client of Bank’s letter. Client
responded:

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

“I don’t care what Bank does. The 100 State Street 200 Bank Building
property is essentially worthless, so City, State First City, State Second
let Bank foreclose. If Bank wants to (200) 555-5555 (202) 555-5555
sue me, I’ll be easy enough to find. I
don’t think they’ll even bother. You Attorney Alpha Admitted
just take your legal fees and turn the to practice only in State First
rest of the proceeds over to me.”
Attorney Beta Admitted
Is Attorney subject to discipline if she to practice only in State Second
follows Client’s instructions?
Attorney Delta Admitted
A. Yes, if Client does not dispute the to practice in States First and Second
$900 debt to Bank.
B. Yes, because Attorney knew that Are the members of the partnership
client was planning to force Bank to sue subject to discipline?
him.
C. No, unless Attorney had reason to A. No, because the letterhead states the
believe that Client would not have jurisdictions in which each partner is
sufficient funds to pay any subsequent admitted.
judgment obtained by Bank. B. Yes, because there is no jurisdiction in
D. No, because Bank has no established which both Alpha and Beta are
right to the specific proceeds of admitted to practice.
Client’s personal injury judgment. C. Yes, because the firm name used by
each office contains the name of a
QUESTION NO. 133 lawyer not admitted to practice in that
jurisdiction.
Three lawyers, Alpha, Beta, and Delta, D. Yes, unless Delta actively practices
formed a partnership to practice law with law in both States First and Second.
offices in both State First and State
Second. Alpha is admitted to practice QUESTION NO. 134
only in State First. Beta is admitted to
practice only in State Second, and Delta Attorney was engaged under a general
is admitted to practice in both States First retainer agreement to represent Corp, a
and Second. The following letterhead is corporation involved in the uranium
on stationery used by their offices in both industry. Under the agreement, Attorney
states: handled all of Corp’s legal work, which
typically involved regulatory issues and
Alpha, Beta, and Delta litigation.
Attorneys at Law

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Corp told Attorney that a congressional Refining Company for breach of an oil
committee was holding hearings refining agreement, and the case is
concerning the extent of regulation in the assigned to Judge for trial. Judge believes
copper industry. Because Corp was that she can be fair and impartial.
considering buying a copper mine during
the next fiscal year, Corp wanted Must Judge disqualify herself from the
Attorney to testify that the industry was case?
over regulated. Attorney subsequently
testified before the relevant A. Yes, because the trust has more than a
congressional committee. Attorney de minimus financial interest in Big
registered his appearance under his own Oil Company.
name and did not disclose that he was B. Yes, unless the outcome of the lawsuit
appearing on behalf of a client. is unlikely to affect the value of the
Afterward, Attorney billed Corp for fees stock.
and expenses related to his testimony. C. No, unless Judge personally owns
stock in either party to the litigation.
Was Attorney’s conduct proper? D. No, because Judge believes she can
remain impartial.
A. Yes, because the duty of
confidentiality prevented Attorney QUESTION NO. 136
from disclosing the identity of his
client. For many years, Attorney has served as
B. Yes, because the attorney-client outside counsel to Corp, a corporation.
evidentiary privilege prevented Shortly after a change in management,
disclosure of the identity of his client Attorney discovered what she reasonably
in this context. believed to be a material misstatement in
C. No, because Attorney failed to a document she had drafted that Attorney
disclose that he was appearing and was about to file on Corp’s behalf with a
testifying in a representative capacity. government agency. Attorney advised
D. No, because Attorney accepted Corp’s Board of Directors that filing the
compensation in return for his testimony. document was probably criminal.
However, the Board disagreed that there
QUESTION NO. 135 was any material misstatement and
directed Attorney to proceed with the
Judge is one of three trustees of a trust filing. When Attorney indicated her
for the educational benefit of her intention to resign, Corp argued that a
grandchildren. The trust owns 5,000 resignation at this time would send a
shares of stock in Big Oil Company. The signal that there was a problem with the
stock has been selling for the past year at filing. Corp urged Attorney to continue
$10 per share. Big Oil is suing Oil the representation, but offered to use in-

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

house counsel to complete the work on Attorney, in each of the ensuing twenty
the filing. Although she does not know months.
for certain that filing the document is
illegal, Attorney reasonably believes that Which of the following dispositions of
it is. In any event, Attorney is personally each monthly check would be proper for
uncomfortable with the representation Attorney?
and wants to withdraw.50
I. Deposit the check into her office
May Attorney withdraw from her account and immediately write Client
representation of Corp? a check for $70 from that account.
II. Deposit the check into a separate
A. Yes, because withdrawal is permitted account established for Client and
but not required when a client insists immediately request Client to pay
on conduct which the lawyer Attorney $30.
reasonably believes, but does not III. Deposit the check into a trust account
know, will be criminal. in which funds belonging to all
B. Yes, because withdrawal is required Attorney’s clients are deposited and
when a client insists on conduct immediately write Client a check for
which the lawyer reasonably believes, $70 and herself a check for $30 from
but does not know, will be criminal. that account.
C. No, if Corp is correct that withdrawal
would breach confidentiality by A. II only
sending a signal that the filing is B. III only
problematic. C. I and II, but not III
D. No, if Attorney’s withdrawal as D. II and III, but not I
outside counsel might affect Corp’s
ability to complete the filing in a QUESTION NO. 138
timely fashion.
Attorney Alpha, a partner in the law firm
QUESTION NO. 137 of Alpha & Beta, was retained by Plaint,
the plaintiff in a personal injury action
Attorney represented Client on a minor against Deft. The jury rendered a verdict
personal injury claim against Driver, an in favor of Deft, and Alpha filed an
uninsured motorist. Attorney represented appeal on Plaint’s behalf. Alpha
Client on a 30% contingent fee basis. reviewed the trial transcript and wrote
Pursuant to a negotiated settlement in the the brief. The brief stated, “It is
amount of $2,000, Driver agreed to send uncontroverted that Deft failed to signal
Attorney a $100 check, made payable to before turning left into the intersection.”
In fact, Wit, a witness called by Deft,
50
의뢰인이 요구하는 행위가 변호사가 믿기에, 알지는 못하지만, 범죄라고 생각될 때 대리의 철회가 요구되는 것은 아니지만 허용은 된다(OK). 요구하는 행위가 변호사가
믿기에, 알지는 못하지만, 범죄라고 생각될 때 대리의 철회가 요구 된다(Not OK).
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

testified that Deft did signal before Judge needed to obtain a loan to be
turning. Alpha was aware of this secured by a second mortgage on his
testimony, having read it while reviewing house. Bank offered him a loan at a very
the trial transcript. favorable interest rate. The vice-president
at Bank told Judge:
Three days before the appeal was
scheduled to be argued in the state’s “Frankly, we normally don’t give
intermediate appellate court, Alpha such a large loan when the security is
suffered a heart attack. Attorney Beta,’ a second mortgage, and your interest
one of Alpha’s partners, agreed to argue rate will be 2% less than we charge
the appeal. Beta knew nothing about the our other customers. But we know
case and had no opportunity to confer that your salary is inadequate, and we
with Alpha. In preparing for the are giving you special consideration.”
argument, Beta read Alpha’s brief
thoroughly and read as much of the trial Is it proper for Judge to accept the loan?
transcript as was possible in the limited
time available, but did not read Wit’s A. Yes, if Judge does not act in any case
testimony. In oral argument, Beta stated involving Bank.
to the court, “Your honors, as stated in B. Yes, if Bank is not likely to be
our brief, it is uncontroverted that Deft involved in litigation in the court on
failed to signal before turning left into which Judge sits.
the intersection.” Beta assumed that C. No, unless the same terms are
Alpha’s statement in the brief to that available to all judges in the state.
effect was correct. D. No, because the amount of the loan
and interest rate were not available to
Is Beta subject to discipline51 for making persons who were not judges.
this statement during oral argument?
QUESTION NO. 140
A. Yes, because the statement was false.
B. Yes, because Beta did not know Law Firm has 300 lawyers in 10 states. It
whether or not the statement was true. has placed the supervision of all routine
C. No, because Beta did not know that administrative and financial matters in
the statement was false. the hands of Admin, a nonlawyer. Admin
D. No, because all Beta did was to is paid a regular monthly salary and a
truthfully recount the statement made year-end bonus of 1% of Law Firm’s net
by Alpha in the brief. income from fees. Organizationally,
Admin reports to Attorney, who is the
QUESTION NO. 139 managing partner of Law Firm. Attorney

51
사실심 패소후 항소심 변론에서 대리인 A 의 고장으로 Partner B 가 대신 변론하는 경우, A 가 준비한 사실과 다른 준비서면을 그대로 인용진술하는 하였다면 B 는
징계받는가? NO. b/c B 는 A 작성의 준비서면이 허위인 줄 몰랐으므로. (주의) B 는 A 작성의 brief 진술이 진실로 작성된 것으로 믿었기 때문이다(No).
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

deals with all issues related to Law be substantially greater than the
Firm’s supervision of the practice of law. parties anticipated at the time of the
fee agreement.
Is it proper for Attorney to participate in B. Yes, because the clients consented to
Law Firm’s use of Admin’s services in the withdrawal in the stipulation.
this fashion? C. No, because a client’s failure to pay
fees when due may be insufficient in
A. Yes, unless Admin has access to client itself to justify withdrawal.
files. D. No, unless clients are provided an
B. Yes, if Admin does not control the opportunity to seek independent legal
professional judgment of the lawyers advice before signing the stipulation.
in the firm.
C. No, because Law Firm is sharing legal QUESTION NO. 142
fees with a nonlawyer.
D. No, because Law Firm is assisting a Attorney was retained by Defendant to
nonlawyer in the unauthorized represent him in a paternity suit. Aunt,
practice of law. Defendant’s aunt, believed the suit was
unfounded and motivated by malice.
QUESTION NO. 141 Aunt sent Attorney a check for $1,000
and asked Attorney to apply it to the
Attorney experienced several instances payment of Defendant’s fee. Aunt told
when clients failed to pay their fees in a Attorney not to tell Defendant of the
timely manner, but it was too late in the payment because “Defendant is too
representation to withdraw without proud to accept gifts, but I know he
prejudicing the clients. To avoid a really needs the money.”
recurrence of this situation, Attorney has
drafted a stipulation of consent to Is it proper for Attorney to accept Aunt’s
withdraw if fees are not paid according to check?
the fee agreement. She proposes to have
all clients sign the stipulation at the A. Yes, if Aunt does not attempt to
outset of the representation. influence Attorney’s conduct of the case.
B. Yes, if Attorney’s charges to
Is it proper for Attorney to use the Defendant are reduced accordingly.
stipulation to withdraw from C. No, because Aunt is attempting to
representation whenever a client fails to finance litigation to which she is not a
pay fees? party.
D. No, unless Attorney first informs
A. Yes, because a lawyer may withdraw Defendant and obtains Defendant’s
when the financial burden of consent to retain the payment.
continuing the representation would

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

QUESTION NO. 143 eve of trial, Wit informed Attorney that

Wit was ill and could not testify at trial.
Attorney has a highly efficient staff of Attorney tried but could not obtain a
para-professional legal assistants, all of continuance. As a result, Plaint’s direct
whom are graduates of recognized legal case rested solely on Plaint’s testimony
assistant educational programs. Recently, that Deft was speeding and that Deft’s
the statute of limitations ran against a car crossed the center line and hit Plaint’s
claim of a client of Attorney’s when a car. Deft testified that he was driving
legal assistant negligently misplaced safely in compliance with all rules and
Client’s file and suit was not filed within that the accident was entirely Plaint’s
the time permitted by law. fault. On cross examination, Attorney
asked Deft, “Isn’t it a fact that you were
Which of the following correctly states drinking prior to the accident?” Deft
Attorney’s professional responsibility? answered that he had not consumed
alcoholic beverages on the day of the
A. Attorney is subject to civil liability accident. In summation52 to the jury,
and is also subject to discipline on the Attorney stated:
theory of respondent superior.
B. Attorney is subject to civil liability or “Ladies and gentlemen of the jury,
is subject to discipline at Client’s you and I know that Deft lied when he
election. stated that he had not consumed
C. Attorney is subject to civil liability but alcoholic beverages on the day of the
is NOT subject to discipline unless accident. We know that he was
Attorney failed to supervise the legal impaired.”
assistant adequately.
D. Attorney is NOT subject to civil On which53 of the following grounds, if
liability and is NOT subject to any, is Attorney subject to discipline?
discipline if Attorney personally was
not negligent. I. Attorney’s question to Deft implying
that Deft had consumed alcoholic
QUESTION NO. 144 beverages when Attorney knew that
he could not offer evidence of Deft’s
Attorney represented Plaint, who sued drinking.
Deft for injuries Plaint sustained in a car II. Attorney’s statement to the jury
accident. Prior to trial, Attorney asserting that Attorney knew that Deft
interviewed Wit, who stated that she had was drunk when no evidence in the
observed Deft drinking heavily hours record supported this allegation.
before the accident. Unfortunately, on the
52
최후변론
53
피고를 증인신문하면서 증거가 없는 것을 알면서도 피고가 유죄임을 암시하는 질문을 하는 경우 징계대상이 아니나, 배심원에게 증거가 없음에도 유죄취지의 진술을 하면
징계대상이다.
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

III. Attorney’s statement asserting a B. Yes, because this information tended

personal belief that Deft was drunk and to negate Deft’s guilt.
lying. C. No, because Deft’s counsel made no
pretrial discovery request to obtain
A. I and II, but not Ill this information.
B. II and Ill, but not I D. No, unless it is likely that the jury
C. I, II, and Ill would have acquitted Deft had it
D. Neither I, II, nor Ill known that Wit first identified
someone else.
QUESTION NO. 145
QUESTION NO. 146
Pros, a prosecutor, was assigned to try a
criminal case against Deft, who was Attorney and Client entered into a
charged with robbery of a convenience written retainer and hourly fee agreement
store. Deft denied any involvement, that required Client to pay $5,000 in
contending he was home watching advance of any services rendered by
television with his mother on the night in Attorney and which required Attorney to
question. At the trial, Wit, a customer at return any portion of the $5,000 that was
the convenience store, testified that he not earned. The agreement further
had identified Deft in a police line-up provided that Attorney would render
and provided other testimony connecting monthly statements and withdraw her
Deft to the crime. In addition, Pros fees as billed. The agreement was silent
entered into evidence a poor-quality as to whether the $5,000 advance was to
videotape of the robbery as recorded by be deposited in Attorney’s Clients’ Trust
the store surveillance camera. The jury Account or in a general account.
convicted Deft of the crime charged. Attorney deposited the entire fund in her
Unknown to Deft’s court-appointed Clients’ Trust Account, which also
lawyer, Wit had first identified another contained the funds of other persons
person in the police line-up and selected which had been entrusted to Attorney.
Deft only after encouragement by the Thereafter, Attorney rendered monthly
detective. Pros was aware of these facts progress reports and statements for
but did not notify Deft’s counsel who services to Client after services were
made no pretrial discovery request to rendered, showing the balance of Client’s
obtain this information. fee advance. However, Attorney did not
withdraw any of the $5,000 advance until
Is Pros subject to discipline? one year later when the matter was
concluded to Client’s complete
A. Yes, unless the jury could make its satisfaction. At that time, Attorney had
own identification of Deft from the billed Client reasonable legal fees of
videotape. $4,500. Attorney wrote two checks on

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

her Clients’ Trust Account: one to herself All factual information on the face of the
for $4,500, which she deposited in her flyer was correct. There was a retainer
general office account, and one for $500 agreement on the back of the flyer. At the
to Client. entrance to the fair, Alpha parked a van
with a sign that read “Alpha-Attorney at
Was Attorney’s conduct proper? Law.”

A. Yes, because Attorney deposited the For which, if any, of the following is
funds in her Clients’ Trust Account. Alpha subject to discipline?
B. Yes, because Attorney rendered
periodic and accurate billings. I. Placing copies of the flyer in the booth
C. No, because Attorney’s failure to of each artist.
withdraw her fees as billed resulted in II. Including a retainer agreement on the
an impermissible commingling of her back of the flyer.
funds and Client’s funds. III. Parking the van with the sign on it at
D. No, because Attorney required an the fair entrance.
advanced payment against her fee.
A. III only
QUESTION NO. 147 B. I and II, but not III
C. I, II, and III
Attorney Alpha, a member of the bar, D. Neither I, II, nor III
placed a printed flyer in the booth of
each artist exhibiting works at a county QUESTION NO. 148
fair. The face of the flyer54 contained the
following information: Attorneys Alpha and Beta had been
political opponents. Alpha was elected to
“I, Alpha, am an attorney, with offices the state legislature after a bitter race in
in 800 Bank Building, telephone which Beta had managed the campaign
(555) 555-5555. I have a J.D. degree of Alpha’s opponent. Alpha had publicly
from State Law School and an M.A. blamed Beta at that time for what Alpha
degree in fine arts from State reasonably believed were illegal and
University. My practice includes unethical campaign practices and later
representing artists in negotiating had publicly objected to Beta’s
contracts between artists and dealers appointment as a judge. Alpha
and protecting artists’ interests. You represented Client in a widely publicized
can find me in the van parked at the case tried in Judge Beta’s court. At the
fair entrance.” conclusion of the trial, Beta ruled against
Alpha’s client. Alpha then held a press
conference and said, “All that you
54
광고전단지
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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

reporters have to do is check your files B. Yes, because the position involves a
and you will know what I think about close family member and will not
Judge Beta’s character and fitness.” interfere with Judge’s performance of
her judicial duties.
Is Alpha subject to discipline for making C. No, because the position will require
this statement? Judge to appear in court.
D. No, because the position will require
A. Yes, if Alpha’s statement might lessen Judge to prepare and sign pleadings,
confidence in the legal system. motions, and other papers.
B. Yes, because Alpha’s past accusations
were unrelated to Beta’s legal QUESTION NO. 150
knowledge.
C. No, because Alpha reasonably Client hired Attorney Alpha to file a
believed that the statements about Beta lawsuit against Client’s former employer,
were true. Corp, for wrongful discharge. Alpha filed
D. No, if Beta had equal access to the the suit in federal district court based
press. upon three grounds. It turned out that a
unanimous U.S. Supreme Court decision
QUESTION NO. 149 had recently eliminated the third ground
as a theory available to plaintiffs in
Judge, a judge in a criminal trial court of wrongful discharge cases. Attorney Beta,
State, wishes to serve as guardian of her who represents Corp, filed a motion
father, who has been declared alleging that the complaint was based
incompetent. Accepting the upon a theory (the third ground) that is
responsibilities of the position would not no longer supported by existing law and
interfere with the performance of Judge’s cited the new decision. Within ten days
official duties. Although the position in after the filing of the complaint, Alpha
all likelihood would not involve withdrew the third ground and continued
contested litigation, it would be with the litigation.
necessary for Judge to prepare and sign
various pleadings, motions, and other Is Alpha subject to litigation sanction?
papers and to appear in civil court on her
father’s behalf. A. Yes, unless Alpha discussed the
adverse legal authority with Client
Would it be proper for Judge to before filing the complaint.
undertake this guardianship? B. Yes, because Alpha should have cited
the U.S. Supreme Court decision in
A. Yes, unless Judge receives the complaint.
compensation for her services as
guardian.

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C. No, because Alpha withdrew the third ***

ground within ten days after filing the
complaint. ANSWER KEY FOR MPRE
D. No, unless Alpha knew or should have SAMPLE QUESTIONS
known of the recent decision when The table below provides for each
the complaint was filed. sample question the correct answer.

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1 B 39 D 77 A 115 B
2 A 40 C 78 B 116 C
3 A 41 A 79 A 117 D
4 D 42 A 80 B 118 A
5 D 43 A 81 A 119 B
6 B 44 C 82 C 120 D
7 B 45 A 83 B 121 A
8 B 46 C 84 A 122 B
9 A 47 C 85 D 123 B
10 B 48 D 86 B 124 D
11 B 49 A 87 C 125 C
12 A 50 C 88 B 126 B
13 B 51 C 89 D 127 D
14 D 52 B 90 D 128 B
15 A 53 B 91 B 129 B
16 A 54 C 92 C 130 C
17 D 55 C 93 B 131 A
18 D 56 D 94 D 132 D
19 A 57 D 95 B 133 A
20 D 58 A 96 A 134 C
21 A 59 A 97 C 135 A
22 C 60 C 98 A 136 A
23 C 61 D 99 C 137 D
24 D 62 A 100 B 138 C
25 C 63 D 101 C 139 D
26 C 64 C 102 C 140 B
27 D 65 A 103 D 141 C
28 D 66 C 104 C 142 D
29 B 67 D 105 D 143 C
30 C 68 A 106 A 144 B
31 C 69 D 107 C 145 B
32 B 70 B 108 D 146 C
33 D 71 D 109 B 147 D
34 C 72 C 110 B 148 C
35 B 73 A 111 D 149 B
36 C 74 C 112 B 150 C
37 D 75 B 113 C
38 A. 76 A 114 B

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Question No 151

Attorney Smith represents a commercial fisherman who was being prosecuted for
violating a statute prohibiting salmon fishing at a particular time of year. In
preparing for trial, Smith hoped that the government agent who had cited the
Defendant could not identify him. He decided to test the witness identification.
Next to him at counsel table, Smith placed Mr. Jones, who resembled the
Defendant, and had Jones dressed in outdoor clothing consisting of denims, heavy
shoes, a plaid shirt, and a jacket-vest. Defendant wore a business suit and large
round glasses and sat behind the rail in a row normally reserved for the press.
Smith neither asked the courts permission for, nor notified the court or government
counsel of, the substitution.

On Smiths motion at the start of the trial, the court ordered all witnesses excluded
from the courtroom. Jones remained at counsel table.

Throughout the trial, Smith acted as if Jones was the Defendant. He gestured to
Jones as though he were his client, gave Jones a yellow legal pad on which to take
notes, and referred to Jones as “my client.” The two conferred. Smith did not
correct the court when it expressly referred to Jones as the Defendant and caused
the record to show identification of Jones as Defendant.

During trial, two government witnesses misidentified Jones as Defendant.

Following the governments case, Smith called Jones as a witness, Jones testified
that he was not Defendant, and Smith disclosed the substitution.

Is Attorney Smith subject to discipline?

A. Yes, because a client is entitled to zealous advocacy.

B. Yes, because the attorney disclosed the misrepresentations before the trial
ended.
C. Yes, because a lawyer may not make a false statement of material fact to a
tribunal.
D. Yes, but only if the court first finds the attorney to be in contempt.

Question No 152

During the trial of a civil case, Attorney Jones was examining a witness for his
client when opposing counsel objected to a question on the ground of hearsay. The

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trial judge sustained the objection, and Attorney Jones asked if he might approach
the bench. A conference was held, during which Attorney Jones cogently explained
why the judge’s ruling was erroneous. Attorney Jones was correct; the trial judges
ruling was erroneous. Not persuaded, the trial judge reiterated his ruling sustaining
the objection. Attorney Jones, still out of the jury’s hearing, said, “Judge, I mean
no disrespect but you are wrong. This information is vital to my client’s case and
the jury must have it.” At this point, Attorney Jones approached the witness and
quietly told the witness to answer the question. The witness answered the question,
and opposing counsel again objected and moved that the answer be stricken. The
trial judge granted the motion to strike and instructed the jury to disregard the
answer. The trial judge later in private berated Attorney Jones. The trial continued
without further incident.

Is Attorney Jones subject to discipline?

A. Yes, because a lawyer may not advise a client to disregard a ruling of the court.
B. No, because a lawyer may not fail to seek the clients lawful objectives.
C. No, because a lawyer may advance a position that is supported by existing law.
D. No, because a lawyer may take reasonable steps in good faith to test the validity
of a courts ruling.

Question No 153

An indigent client came to see Attorney Jones for advice and counsel regarding a
dispute with his landlord. After examining the circumstances, Attorney Jones
advised the client to give notice to the landlord and move out. Attorney Jones
reasonably anticipated that no litigation would ensue. Because the client did not
have the funds, Attorney Jones loaned him $250 to make a deposit on a new
apartment.

Is Attorney Jones subject to discipline?

A. Yes, because an attorney may not loan money to a client.

B. No, because the attorney was not seeking to take unfair advantage of the client.
C. No, because no attorney-client relation-ship was formed.
D. Yes, if the attorney failed to obtain the clients informed consent in writing to
this business transaction.

Question No 154

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Attorney Smith is an accomplished trial lawyer and writer. She has been
approached by a murder defendant who wants her representation. Smith says that
she will represent the defendant if the defendant grants Smith publication rights to
the defendant’s story. The defendant agrees and is effectively represented by
Smith.

Is Smith subject to discipline?

A. No, because the representation was effective.

B. Yes, because the attorney failed to make full disclosure to the defendant before
obtaining defendants consent.
C. Yes, because a lawyer is prohibited from acquiring an interests in publication
rights with respect to the subject matter of a client’s representation.
D. Yes, because a lawyer is prohibited from acquiring an interest’s in publication
rights with respect to the subject matter of a clients representation until the
representation is completed.

Question No 155

Attorney Jones is one of only three lawyers in town who are experienced criminal
defense lawyers. He was approached by Daryl Thompson, who has been charged
with breaking into the home of Irving Trumbull, the president of the “Only Bank in
Town.” The Bank is one of Jones only repeat customers, and Jones has dealt with
Mr. Trumbull regarding much of the Banks collection business for the last four
years. Thompson is a man of modest means but is not indigent. Attorney Jones told
Mr. Thompson that he would not represent him because of Jones representation of
the Bank.

Is Attorney Jones subject to discipline?

A. Yes, because the financial hardship to Jones is insufficient to excuse his duty to
represent Mr. Thompson.
B. No, because representing Mr. Thompson would have created a conflict of
interests.
C. Yes, because Jones failed to seek Mr. Thompson’s informed consent.
D. No, because, with few exceptions, none of which is present here, a lawyer is
under no duty to represent every prospective client.

Question No 156

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In which of the following situations would the information received by the attorney
be covered by both the attorney-client privilege and the ethical duty to preserve the
client’s confidential information?
I. Lawyer L is representing Client C in a personal injury claim. L and C attend the
same church. At a church social, while walking through the buffet lunch line, C
tells L that his injuries are much less serious than he had previously thought.
II. L is representing C in a boundary line dispute with Cs neighbor. When combing
through the county land records, L discovers that Cs grantor apparently had no
legal title to the land he purported to grant to C.
III. L is defending C in a first degree murder case. In the course of her
investigation, L talks to a taxi driver who tells L that he remembers that on the
night in question, C rode in his taxi to an address near the scene of the murder.
IV. L represents C in an action for breach of an oral contract. When preparing the
case for trial, L stumbles across an old newspaper clipping reporting Cs
conviction of a felony in a distant state 15 years ago.

A. All of the above

B. II, III, and IV only
C. I only
D. None of the above

Question No 157

Edgar was charged with a felony after the police found marijuana plants growing
in his vegetable garden. The police search was of doubtful legality. Edgar implored
his friend and neighbor, Attorney Joyce, to defend him in the case. Joyce warned
Edgar that her regular practice was limited to workers compensation law, that she
had never handled a criminal case before, and that she had little time to prepare
herself to handle his defense. Edgar said he understood all that, and Joyce
reluctantly agreed to represent him. At the time, she intended to do the necessary
research on criminal procedure, but the pressure of her regular work prevented her
from doing it. A reasonably prudent criminal defense lawyer would have moved to
suppress the evidence resulting from the police search. Because of her ignorance of
criminal procedure, Joyce did not make a motion to suppress. The evidence was
admitted at Edgar’s trial, and he was convicted.

Which of the following is most nearly correct?

A. Joyce is not subject to discipline since it is uncertain whether a motion to

suppress would have granted.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

B. Joyce is not subject to discipline since she duly warned Edgar of her lack of
time and her lack of experience in criminal defense work.
C. Joyce is subject to discipline since a motion to suppress might have been
granted.
D. Joyce is liable to Edgar for malpractice since she failed to do the research
needed to handle the case competently.

Question No 158

Lawyer represented Client in a lawsuit completed over a decade ago. Lawyer has
not rep-resented Client since. Plaintiff, who was not involved in the prior litigation
with Client, seeks to retain Lawyer to sue Client in another matter that, although
distinct from the prior litigation, is ancillary to it and involves in part the same
facts and circumstances, some of which are confidential.

It is proper for Lawyer to:

A. Decline to represent Plaintiff.

B. Refer the matter to his law partner, who was not involved in the prior litigation
and who became associated with Lawyer only a year ago.
C. Accept the representation after notifying Plaintiff and notifying Client.
D. Refer the matter to Smith, a lawyer in another firm, in exchange for 10% of the
fee that Smith will charge Plaintiff.

Question No 159

John Doe requested that Attorney defend him in a murder charge. Attorney told
Doe that he restricted his practice to civil matters, so he gave Doe the names of
three good criminal defense lawyers. As Doe was leaving, Doe told Attorney the
facts leading to his arrest, including an admission that he shot the victim. Doe then
asked Attorney what his reactions were. Attorney briefly discussed temporary
insanity as a defense. Doe subsequently hired another lawyer. Attorney did not
charge Doe any fee. The prosecutor learned of Does conversation with Attorney
and has subpoenaed Attorney to appear as a witness in Does trial.

Is it proper for Attorney to testify that Doe admitted shooting the deceased?

A. Yes, because an attorney-client relationship was never formed between Doe and
Attorney.
B. Yes, because Attorney did not charge Doe any fee.

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C. No, because the lawyer-client evidentiary privilege extends to prospective

clients, and a lawyer may not disclose the confidences or secrets of a
prospective client.
D. No, because Attorney told Doe that Attorney did not handle criminal matters.

Question No 160

Attorney Jones is the majority shareholder of Collection Agency, Inc. If Collection

Agency’s collection efforts are not successful, Jones has authorized Collection
Agency’s Manager, who has graduated from law school but not been admitted to
the bar, to write a letter which, in Managers best judgment, is appropriate. The
letter is on Jones legal letterhead. The letter may, if Manager so decides, contain a
statement that the matter has been referred to Attorney Jones and that suit will be
filed in five days if payment is not received. Manager is authorized to sign
Attorney Jones name to the letter. Jones does not personally review each letter
before it is sent.

Is Attorney Jones subject to discipline?

A. Yes, because Attorney may not threaten suit to gain advantage in a civil case.
B. Yes, because the letter is a threat.
C. Yes, because Collection Agency, through Manager, is engaging in the
unauthorized practice of law.
D. No, because Manager is authorized to act as Jones agent.

Question No 161

Lawyer Smith represents Client Jones in a personal injury case. During

negotiations with the defendants counsel, Smith said, “Mr. Jones just can’t accept
anything less than $50,000 to settle this claim.” In fact, Smith had been authorized
by Jones to accept as little as $35,000.

Is Smith subject to discipline?

A. Yes, because a lawyer is prohibited from making a false statement of fact.

B. Yes, because he has failed to carry out his client’s directive.
C. No, because such statements in negotiations are not generally regarded as
statements of fact.
D. No, because the statement was made in good faith.

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Question No 162

Lawyer Green was contacted by criminal defendant Junior. Junior asked Green to
represent him and told Green that Junior’s father would be paying Greens fee.
Green contacted father who confirmed that he would pay the fee. Green proceeded
to represent Junior.

Is Green subject to discipline?

A. No, because the father agreed to pay Greens fee.

B. No, because Junior knew that his father was paying the fee.
C. Yes, because a lawyer is prohibited from accepting payment for legal services
from a third party.
D. Yes, because Green failed to obtain Junior’s informed consent to the
arrangement.

Question No 163

Lawyer Black believes that he can earn a good living by serving in an efficient
manner scores of black lung victims. Black sends a tasteful, direct mail
advertisement of his services to all 25-year veterans of coal mining in Blacks home
state.

Is Black subject to discipline?

A. No, because the First Amendment protects lawyer advertising to the same
extent as it protects any other speech.
B. No, because the advertisement is tasteful.
C. Yes, because this activity amounts to direct solicitation in writing.
D. No, because the First Amendment protection of lawyer advertising as
commercial speech is sufficient to prohibit the states blanket prohibition on
direct mail advertising.

Question No 164

Attorney Youngblood is a public defender rep-resenting an armed robbery

defendant. The case was called for trial after several previous postponements. The
district attorney advised the judge that a key prosecution witness was missing and
asked for another postponement. The judge was greatly upset about the effect of
this further postponement on the administration of justice and on his calendar and

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gave the prosecution a one-day postponement to find the witness. The judge said
that if the witness was not produced and the prosecutor was not ready to go
forward the next day, the indictment would be dismissed. No one said anything to
Youngblood, and she said nothing, other than announcing that she was ready for
trial.

The next day the D.A. announced to the judge that the police had found the witness
by checking his forwarding address at the post office. In talking to the witness, the
D.A. had learned that since moving, he had been in touch with the public defenders
office and that, in fact, Youngblood knew where he was.

Is Youngblood subject to discipline?

A. Yes, because a lawyer may not fail to disclose that which the lawyer is required
by law to reveal.
B. No, because a criminal defendant is entitled to zealous advocacy.
C. Yes, because a lawyer may not interfere with the discovery of evidence by an
opponent.
D. No, because a lawyer is under no duty to assist an opponents effort to locate
evidence.

Question No 165

Lawyer Lawrence was contacted by Client Clarence. Clarence told Lawrence about
an emergency situation in which Clarence was involved that would warrant
Lawrence’s filing an application for a temporary restraining order to be issued
against Clarence’s adversary. Clarence tells Lawrence of material facts that are
adverse to Clarence’s position. When Lawrence approached the local judge with
his ex parte application for the temporary restraining order, he did not disclose
these adverse facts to the court.

Is Lawrence subject to discipline?

A. No, because a lawyer is under no duty to disclose facts that are adverse to the
lawyers client.
B. No, because a lawyer cannot be compelled to testify against the lawyers client.
C. Yes, because a lawyer is prohibited from making false statements of fact to a
tribunal.
D. Yes, because a lawyer must disclose material adverse facts to a court when
making an ex parte presentation.

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Question No 166

Attorney Jones worked for two years for the Veterans Administration. While there,
his main function was to investigate claims filed by veterans. During the course of
his employment, he once investigated a claim filed by Charles, a Korean War
veteran. After Jones left the Veterans Administration, the agency denied Charles
claim. Charles comes to Jones, who is now engaged in private practice, and asks
him to represent him in a suit against the Veterans Administration for the benefits
to which Charles believes he is entitled.

Is Jones subject to discipline if he accepts Charles case?

A. No, because Jones has left the Veterans Administration.

B. No, if Jones was not privy to confidential information regarding Charles arising
from his employment at the VA.
C. Yes, because Charles case was pending while Jones was employed at the VA.
D. Yes, if Jones had substantial and personal responsibility for Charles VA claim
while in his VA employment.

Question No 167

Attorney Jones represents Porter in a civil law suit. Attorney Smith represents the
opposing party. Smith notices that Jones has been unduly contentious during the
discovery phase of the case and has offended the judge to whom the case is
assigned for trial. Also, she believes that Jones has made several questionable
tactical decisions. She honestly believes that Porter stands a good chance of being
hurt by Jones conduct.

May Smith discuss this matter with Porter?

A. No, because Porter is represented by Jones.

B. No, unless she believes Jone’s conduct amounts to a disciplinary violation.
C. Yes, if it will not hurt Smiths client.
D. Yes, if Smith gets the informed consent of her own client first.

Question No 168

Bob is a financial planner. He is not licensed to practice law. He has recently been
helping his clients prepare their wills as part of his estate planning service.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

Has Bob committed unauthorized practice of law?

A. No, because will preparation is an integral part of financial planning and Bob is
an expert in his field.
B. Yes, because preparing legal documents is considered to be practicing law.
C. Yes, because financial planning is best done by a tax lawyer.
D. No, because Bob is careful to ensure that all his clients know he is not an
attorney.

Question No 169

The state of Wythe has decided to limit those it admits to the practice of law in its
state to only those that either reside in the state or maintain an office in the state.

Will the states requirement withstand a constitutional challenge by a nonresident

who does not wish to maintain an office in the state?

A. Yes, because it is within the authority of the state to determine who it will
permit to practice law in its courts.
B. No, because this requirement violates the Constitutions Privileges and
Immunities Clause.
C. No, because this requirement violates the equal protection guarantee of the
Fourteenth Amendment.
D. Yes, because the state has a substantial interest in ensuring that its lawyers
know the local rules, are available for court appearances, and do their share of
volunteer and pro bono work in the state.

Question No 170

Sally is an attorney who wishes to defend her client against charges that have been
brought against him in a state in which she is not licensed to practice.

Which of the following are true?

I. The only way for Sally to represent her client is for her to receive a license to
practice in the state.
II. Sally may represent her client if her pro hac vice application is granted.
III. Sally may be required to associate with a local attorney for the purposes of the
case.

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

A. I, II, and III

B. II and III
C. I and III
D. None of the above

Question No 171

The state of Wythe has recently decided to make membership and annual dues to
the state bar mandatory. Joan doesn’t feel that she should be forced to belong to the
bar and required to send them annual dues if she wants to practice law in the state.
She brings suit arguing that the requirements are unconstitutional.

Will Joan prevail?

A. No, it is within the authority of the state to require membership in and dues
payment to the state bar.
B. Yes, requiring Joan to join the bar to gain her license is a violation of her First
Amendment rights.
C. Yes, this type of requirement is prohibited by the Supreme Courts 1990 decision
in Keller v. State Bar of California.
D. No, the Model Rules permits the states to require bar membership.

Question No 172

Lawyer represents Client in a civil matter. Representation is completed, and three

years later, Client dies. Following Clients death, in conjunction with a criminal
investigation of Grand Jury Target, Prosecutor requests Lawyers files on Clients
matter.

If Lawyer resists Prosecutor’s request, will Lawyer be successful?

A. Yes, because Client is not the subject of Prosecutors investigation.

B. Yes, because the lawyer-client evidentiary privilege extends even beyond the
clients death.
C. No, because former clients receive a diminished lawyer-client evidentiary
privilege.
D. No, if Prosecutors need for the material is great.

Question No 173

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Beth and Dave are opposing counsel in a civil trial. During depositions, Beth’s
client gets caught in an inconsistency. When questioned further on the matter,
Beth’s client alleges that Beth told him to change his story if he wanted to reduce
his liability. A friend of Daves works for the same firm as Beth. Dave’s friend told
him that he knows that Beth has allowed her clients to perjure themselves on the
stand.

If Dave believes Beth has committed attorney misconduct, must he do anything

about it?

A. He does not have to report Beth because he does not have direct knowledge of
her misconduct.
B. He does not have to report Beth because her actions, even if true, do not raise a
substantial question as to the lawyer’s honesty, trustworthiness, or fitness as an
attorney.
C. He must report her misconduct or he will be in violation of the ethics rules.
D. He should report her misconduct because it will give him an advantage in the
litigation.

Question No 174

Bob, a CEO of a large corporation, meets with the Corporations legal counsel.
Bobs executive assistant is present during the entire meeting. During the meeting,
the CEO discusses the corporation’s strategy in a recently filed lawsuit as well as
the status of his divorce, in which he is represented by other counsel.

Is the information Bob told the attorney regarding his divorce protected?

A. The information is protected by the attorney-client evidentiary privilege and the

duty of confidentiality.
B. The information is protected by the duty of confidentiality but not the attorney-
client privilege because the presence of the executive assistant during the
discussion of Bobs divorce precluded the creation of the attorney-client
privilege.
C. The information is protected by the evidentiary privilege only.
D. The information is not protected.

Question No 175

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Sally talked to the neighbor of her client and learned where her client was on the
night the crime for which he was arrested was committed. Her client refused to tell
Sally where he was that night.

Is the lawyer’s knowledge of the location subject to the attorney-client privilege?

A. No, because the evidentiary privilege was never established.

B. No, but Sally may still be subject to discipline for violating the duty of
confidentiality if the court orders her to testify and she does so.
C. Yes, the information is covered by the attorney-client privilege and the court
may not override this evidentiary privilege.
D. Yes, but the Judge can order the client to reveal the information.

Question No 176

Stan’s client confesses to him that he stole a large amount of cash from his
employer and hid it on his property. Stan goes to his client’s property and locates
the money.

If Stan does not want to reveal the location of the money and does not want to
violate any ethics rules, what should he do?

A. Put the money in a safety deposit box.

B. Take the money to his office, count it, write down the serial numbers, and return
it to where he found it.
C. Leave the money where it is.
D. Turn the money over to the police and refuse to tell the police how or where he
found it.

Question No 177

Bail feels he is being treated unfairly at work. He goes to his lawyer’s office and
tells him that he owns a gun and has going to shoot his boss. Bart leaves the office
and his lawyer calls the boss to warn him. On the way to his boss office, Bail calms
down and changes his mind. The boss is understandably distressed and fires Bart.
Bail reports his lawyer to the bar for violating the duty of confidentiality.

Will the lawyer be subject to discipline?

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 THE MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION

A. Yes, because Bail is the only person with the right to waive the duty of
confidentiality.
B. No, because the lawyer was required by law to warn the boss.
C. No, because the future crimes exception to the duty of confidentiality permits
the lawyer to reveal information the lawyer reasonably believes necessary to
prevent reasonably certain death or substantial bodily harm.
D. Yes, because the lawyer was not reasonable in his belief that Bail was going to
shoot his boss.

Question No 178

Jill has represented Jack’s construction company for a number of years. In the
course of that representation, she has prepared a number of contracts for him. Jill
has learned that Jack is using the contracts that she has prepared for him to defraud
his customers. She has learned that Jack is adding clauses to the contracts that
permit him to carry out his fraudulent scheme. Jack has recently requested that Jill
prepare several more agreements between him and his clients. Jack’s company
accounts for over half of Jill’s business.

Can she continue to represent him?

A. Jill can continue representing Jack because the Constitution guarantees the right
to legal representation.
B. Jill must withdraw because Jack is using her services to further his fraud.
C. Jill can continue to represent Jack as long as she does not directly commit a
crime or fraud.
D. Jill must withdraw only if she will directly profit from Jacks fraud.

Question No 179

Which of the following conflicts are NOT waivable?

A. Third party fee payment.

B. Conflict between two current clients.
C. Lending client’s money when litigation is pending or contemplated, other than
advancing litigation costs.
D. Conflict between a current and a former client.

Question No 180

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Lawyer Adam and Client Bill wish to enter a joint business venture. To achieve
this and satisfy the conflict rules, Adam puts everything in writing both Bills
consent and the transaction itself, which Adam also takes care to put into terms that
Bill can understand.

On these facts alone, which statement is true about the transaction?

A. It satisfies the conflict rules because everything is in writing.

B. It satisfies the conflict rules because the language is that which Bill can
understand.
C. It fails to satisfy the conflict rules, because it must also be objectively
reasonable and because Bill must be advised that it would be desirable and have
the opportunity to seek independent legal counsel.
D. Both A and B.

Question No 181

Corporation C hired Firm in 1995 to assist with a corporate restructuring. Firm also
helped to draft several employment contracts for high-ranking executives. Firm’s
representation of Corporation C ceased. In 2002, a Client approaches Firm,
wishing to be represented in a personal injury matter against Corporation C.

Which statement is true?

A. The Firm cannot represent the Client against Corporation C because it owes the
Corporation a duty of loyalty.
B. The Firm can represent the Client if both Client and Corporation give informed
consent.
C. The Firm can represent the Client because his interests are not directly adverse
to the former Corporation client.
D. The Firm can represent the Client because there is not a substantial relationship
between the two representations.

Question No 182

Assume the same facts as those found in question 31, but assume that Clients
proposed representation arises from the employment contract drafted by Lawyer D
at Firm.

May Lawyer F, also with Firm, represent Client?

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A. Yes, because the matters are not substantially related.

B. Yes, because the interests are not directly adverse.
C. No, because Lawyer F and all the lawyers at Firm are disqualified based on
Lawyer Ds prior representation in a substantially related matter.
D. Yes, if Lawyer F is in a different practice section of the law firm.

Question No 183

When may a former judge engage in private representation in a matter in which he

was involved while formerly on the bench?

A. When the judge was not involved personally and substantially.

B. When the parties consent after consultation.
C. When the parties settled the matter during proceedings so that the judge was
prevented from ruling on the merits.
D. Both A and B.

Question No 184

An investigator working on a prosecutor’s rape case uncovers information about

another possible suspect. As the investigation continues the probability increases
that the new suspect, rather than the man arrested for the crime, is the guilty party.

What is the prosecutor’s ethical obligation?

A. Immediately request a hearing with the judge assigned to the case.

B. Immediately request an ex pane meeting with the judge assigned to the case.
C. Turn the information over to the defense attorney in a timely manner.
D. Continue to investigate the new suspect until he is sure that the new suspect is
the guilty party before revealing the information to the defense.

Question No 185

Partner in a law firm discovers that a secretary in a different section of the firm is
continuously leaking confidential client information. The firm has each new
employee watch a video on client confidentiality and signs an agreement to abide
by the confidentiality rules.

Does the Partner violate any rules by not stopping the Secretary’s conduct?

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A. Yes, because as a partner he has a duty to take reasonable remedial action to

stop further breaches once he learns of them.
B. Yes, because the firms systems to prevent such conduct were not reasonable.
C. No, because the partner is not the secretary’s direct supervisor.
D. No, because the firm has reasonable systems in place to prevent such
confidentiality breaches.

Question No 186

You are a divorce attorney, and Nathan and Lynn come to your office seeking a
divorce. They believe they’ve worked out an amicable preliminary settlement and
need you only for the technicalities. Your state allows such representation, and you
agree. The next day, Lynn calls and discusses a family heir-loom that she and
Nathan both want, and she muses about her chances of prevailing in a lawsuit.

What action should you take?

A. Explain to Lynn that if things progress to litigation, you will be forced to

withdraw from representing either side.
B. Withdraw as counsel for both.
C. Withdraw as counsel for Nathan only.
D. Withdraw as counsel for Lynn only.

Question No 187

Lawyer places an advertisement containing the statement “Most experienced

criminal lawyer in the state - I produce results.” This statement:

A. is permitted because it is mere puffery.

B. will subject the lawyer to discipline because it is unverifiable and therefore
misleading.
C. false and will subject the attorney to discipline.
D. refers to an illegal activity and will subject the attorney to discipline.

Question No 188

A private law firm chooses the name Immigration Legal Services of California.
This name:

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A. will subject the attorneys to discipline because it does not contain the name of at
least one of the attorneys in the firm.
B. is permitted because it is protected commercial speech under the First
Amendment.
C. will subject the attorneys to discipline as misleading because it untruthfully
implies a relationship to the government or other institutions.
D. is permitted because neither the Model Code nor the Model Rules addresses
permissible firm names.

Question No 189

As a result of the Supreme Court’s decision in In re Primus, 436 U.S. 412 (1988),
which of the following is true?

A. Lawyers have no First Amendment right to solicit clients in person.

B. States may not ban advertisements containing true claims of certification of
specialization by a bona fide organization.
C. A lawyer may solicit clients in person if it is to further political or ideological
goals and not for pecuniary gain.
D. States may prohibit lawyers from contacting accident victims for 30 days after
the accident.

Question No 190

A lawyer wants to include information about his fees in his advertisement. Such
information:

A. is permitted as long as it is not false or misleading.

B. receives no constitutional protection after the Courts decision in Bates v.
Arizona State Bar, 433 U.S. 350 (1977).
C. may be prohibited by the states because it is inappropriate for the profession.
D. is permissible only if the fees are de-scribed in general terms such as
“reasonable and moderate” rather than in actual dollar figures.

Question No 191

Form letters written to a specific group of clients identified as being in need of

certain legal services are:

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A. treated essentially as advertisements as a result of the Supreme Courts decision

in Shapero v. Kentucky Bar Assn in 1988.
B. not protected speech because of concerns for the potential for overreaching and
undue influence.
C. prohibited by the Courts decision in Ohralik v. Ohio State Bar Assn in 1988,
which reaffirmed that the First Amendment does not protect in-person
solicitation.
D. considered to be the equivalent of in-person solicitation and permitted, provided
the letters are not false or misleading.

Question No 192

Judge is the treasurer of a local charitable organization. He is shamefully removed

from this position on suspicion of embezzlement, although he is never formally
charged.

Can judge be removed from his position on the bench?

A. No, because the problem was in the con-text of the Judges personal involvement
in the organization, rather than any official functions.
B. Yes, because it is inappropriate for a judge to hold office in the organization.
C. No, because the Judge was neither charged nor convicted.
D. Yes, because the episode bears on his integrity.

Question No 193

Judge is involved in a discussion with Attorney Camille. Judge recently ruled on a

case in which Camille represented one of the parties, and now Camille is asking
advice regarding the appeal. Judge believes that justice will be served by giving
Camille the advice, and his personal role in the case is over.

Is this ex parte communication proper?

A. Yes, the case is no longer pending before the judge’s court.

B. Yes, the judge has a good faith motivation in discussing the case.
C. Yes, the discussion is only on housekeeping matters.
D. No, the ex parte communication is not proper.

Question No 194

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Judge is the treasurer for a local charitable organization. During the charity’s
annual fund-raising drive, judge asks some of his friends and associates to buy
tickets to a dinner dance. He is careful to avoid using the auspices of his office to
pressure anyone into contributing; in fact, no one with whom he speaks is
connected to his judicial role.

Has any judicial conduct rule been violated?

A. Yes, Judge violated the rule prohibiting him from being an officer in an
organization.
B. Yes, Judge is prohibited from directly fundraising for an organization.
C. Yes, Judge is not permitted to have a membership in a local organization.
D. No judicial conduct rule was violated.

Question No 195

Mikes house is broken into and some of his valuables are stolen. When Mike, a
lawyer, files a claim with his insurance company, he overstates the value of the
stolen property and includes property that was not stolen. Mike receives a payment
from the insurance company for several thousand dollars more than the true value
of his stolen property.

Can Mikes actions subject him to discipline by his states bar?

A. No, even though Mike was not honest with the insurance company, dishonest
acts outside the lawyer’s role will not subject a lawyer to discipline.
B. Yes, Mike has acted fraudulently, and his conduct will subject him to discipline.
C. No, only criminal conduct committed when acting as an attorney will subject
Mike to discipline.
D. No, Mikes act says nothing about his fitness as a lawyer.

Question No 196

Julie has observed Beth, her opposing counsel, engaged in behavior that clearly
violates an ethics rule and raises a substantial question about Beth’s fitness as a
lawyer. Julie feels she is obligated to report Beth to the disciplinary authorities.

What should Julie do first to start disciplinary proceedings against Beth?

A. File suit in state court.

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B. Report Beth to the judge hearing their case.

C. File a complaint with the bar disciplinary committee.
D. File suit in federal court if their case is in federal court.

Question No 197

Sam filed a bar disciplinary complaint against his former attorney, James, because
Sam felt that he lost his case as a result of James lack of due care. The disciplinary
proceedings were recently dismissed. Sam does not feel that the Bar adequately
considered all the relevant evidence.

How can Sam appeal the decision by the Bar?

A. Sam cannot appeal the bar decision, but he may bring a malpractice suit against
James.
B. Sam may appeal the decision to the state trial court.
C. Sam may appeal the decision to the state court of last resort.
D. Sam may appeal the decision in federal court.

Question No 198

Disciplinary proceedings have been started against Alex. Alex feels that his actions
did not amount to disciplinary violation and feels that his best course of action
would be to have a jury trial.

Will his timely request for a jury trial be granted?

A. Yes. He has a constitutional right to a jury.

B. NO. There is no right to a jury trial in a disciplinary proceeding.
C. Yes. All state bars guarantee a right to a jury.
D. It depends. It is within the discretion of the bar committee whether to grant his
request, but there is no constitutional right to jury trial in disciplinary cases.

Question No 199

Bill and Abby are solo practitioners on the same floor of a small office building.
Although they specialize in different areas, they often consult one another about
the legal issues on which they are working. A client comes to Bill with a legal
problem that Bill knows is within the area that Abby specializes in. Bill obtains the
clients permission to consult with Abby about the matter. After the client leaves,

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Bill talks to Abby about the client’s problem, and Bill and Abby agree that Abby
will do the substantive legal work for Bill for an agreed-upon hourly rate. Bill will
continue to serve as the clients counsel.

Will the arrangement between Bill and Abby subject them to discipline?

A. No, fee splitting is permitted by lawyers that work together.

B. No, provided the client agrees in writing and the fee is reasonable.
C. Yes, the bar permits fee sharing only if the lawyers are members of the same
firm.
D. Yes, because Bill is not competent in the area of the law raised by the client’s
problem.

Question No 200

Joe is starting a biotech firm and goes to see Beth, a lawyer and an old friend, for
legal advice regarding patents, corporate trade-marks, and taxes. Beth has spent the
20 years since law school writing wills and working on domestic relations issues.

Can Beth represent Joe?

A. NO. A lawyer has a duty to decline representation when she lacks competence.
B. Yes. Joe approached Beth and asked for her services.
C. Yes, as long as Beth can achieve the requisite level of expertise in the new field
by reasonable preparation.
D. NO. Because Beth has been friends with Joe for over 20 years, she will have a
conflict of interests in representing him.

Answer

C 11. C A D A
1. 21. 31. 41.
A D B C D
2. 12. 22. 32. 42.
D D C D D
3. 13. 23. 33. 43.
D D B C B
4. 14. 24. 34. 44.
D D A A B
5. 15. 25. 35. 45.
D D C B C
6. 16. 26. 36. 46.
D A C B A
7. 17. 27. 37. 47.

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A B B C D
8. 18. 28. 38. 48.
C B C C B
9. 19. 29. 39. 49.
C B C A C
10. 20. 30. 40. 50.

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