Legal Ethics and Professional Responsibility, Exams of Law

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MBE Multistate Bar Examination 2025

Exam Review Questions and Answers |

100% Pass | Graded +

MBE Multistate Bar Examination 2025

Exam Review Questions and Answers |

100% Pass | Graded +

3 parts to the Uniform Bar Exam (UBE) - Answer>> Multistate Bar exam (MBE) Multistate essay exam Multistate Performance Test (MPT) Multistate Bar Exam - Answer>> MC; focuses on rote memorization of legal principles Downside: not really what it's like to practice law Multistate essay exam - Answer>> Identifies legal issues raised by hypotheticals; tests understanding of fundamental legal principles; ability to separate material that is relevant from material that isn't Multistate Performance Test (MPT) - Answer>> Doesn't require memorization/knowledge of legal facts; assesses fundamental lawyering skills in realistic situations Critiques of the bar exam - Answer>> Expensive Impedes efforts to increase diversity in law Inaccurate measures of professional competence Stresses memorization of the law of nowhere Negatively effects law school curriculum and admission What model rule establishes the regulation of law - Answer>> Rule 8.3--lawyers regulate each other Criteria disciplinary committees look to when evaluating claims - Answer>> Patterns of behavior

info relating to representation of clients; conform to requirements of the law in business and personal matters How does the law protect the public? - Answer>> minimum competence in subject matter; screening applicants for unfit character How is law a ministry - Answer>> Call on people to fix social injustice and oppression Reform the law to give more people access to justice (Enman article) Amos's ideas establish 3 main points about the operation of the legal system - Answer>> 1) if judges and lawyers are corrupt, then parties to lawsuits can't expect fair and impartial proceedings--justice is lost

2. if system of laws is abused by individuals who make false claims and offer perused testimony, then we have injustice, which is harmful to society
3. if the poor don't have adequate access to justice, the entire purpose of the legal system is defeated How do the ABA model rules try to uphold justice? - Answer>> Uphold and promote independence, integrity, and impartiality of the judiciary Judges should be impartial, competent, diligent Judges should conduct personal business to minimize risk of conflict with their judicial obligations Judges shouldn't engage in inconsistent issues

What criteria can be placed on admission to the legal profession?

• Answer>> Rational basis test--state can place standards on admission, like good moral character or proficiency in the law, but qualifications need to have a rational connection with applicant's fitness or capacity to practice law Examples: Schware, Converse, Hale Who has the burden to prove character and fitness? - Answer>> Before admission: the applicant, by clear and convincing evidence (see Glass, Davis) After admitted: state needs to prove that lawyer lacks requisite character and fitness to continue being a lawyer; usually done through clear and convincing evidence of breaking the model rules; lawyer can prove mitigating factors, but need to be compelling (see Lamb) When attorney reapplies: they have to prove by clear and convincing evidence sustained exemplary conduct over an extended period of time How is an applicant's behavior analyzed? - Answer>> Is this an isolated incident? How recent is the behavior? What is the nature of the incident (is it one of moral turpitude?); Has the individual admitted wrongdoing? Has the extent of wrongdoing been fully disclosed? If applicant has a criminal record: amount of time passed, whether applicant is disqualified by law from holding an office of legal trust; how would applicant impact public's perception of or confidence in the legal system (see Davis)

exceptions: when attorney acts outside scope of employment; excusable neglect; fiduciary principle is invoked 5 C's of fiduciary duties lawyer owes to cleint - Answer>> Control, communication, competence, confidentiality, conflict of interest (avoid or resolve them) What must be proven for a breach of fiduciary duty claim - Answer>> 1) fiduciary relationship existed

2. defendant breached that duty to benefit personally (i.e. one of the 5 C's was violated) see Tante--taking advantage of info shared during course of representation Damages for breach of fiduciary duty claim - Answer>> Civil recovery--damages, disgorgement, potentially profits earned by fiduciary Elements of legal malpractice - Answer>> 1) client lawyer relationship
3. duty
4. breach
5. causation (but for and proximate; leads to case within a case)
6. damages How can an attorney-client relationship be established - Answer>> Formally, through a retainer

Informally, if there is an understanding that the someone is talking to a lawyer, and the lawyer is giving legal advice that could reasonably be relied on What is a "case within a case" - Answer>> Proving causation for legal malpractice; client has to show by preponderance of the evidence that accused lawyer's conduct fell below standard of acceptable practice for attorney's doing similar work (often verified by an expert) AND that the substandard conduct prevented client from recovering How can an attorney-client relationship be proved? - Answer>> Showing party sought and received advice and assistant from lawyer on legal matters subjective test--look at nature of work performed and the circumstances; will generally favor clients When does an a-c relationship end? - Answer>> Is ongoing once established, until it is clearly established that the relationship can no longer be depended on best practice is to send a letter--have a paper trail Who gets to decide what (attorney vs. client)? - Answer>> Client makes substantive decisions Attorney makes procedural decisions Actual authority - Answer>> Principal intentionally confers authority on an agent

two types of decisions that are made at trial - Answer>> type 1--Decisions implicating defendant's fundamental rights; need to be decided by client type 2--strategic/tactical decisions to be made by attorney (Arko) Types of authority table - Answer>> Express authority --created by: assent of client, manifested to lawyer --grants power to--alter clients' legal rights and obligations within bounds of client's assent Implied authority --created by: implication from assent to client, manifested to lawyer --grants power to: do things necessary to carry out client instruction apparent authority --created by: manifestations by client to 3rd party that their lawyer has authority --grants power to: alter clients legal rights and obligations within bounds of manifestation Privilege - Answer>> Client's right to refuse to disclose and to prevent any other person from disclosing confidential communicnations Factors to establish a-c privilege - Answer>> 1) legal advice is sought

2. from a professional legal advisor in his capacity as such
3. the communications relating to that purposes
4. made in confidence
5. made by the client
6. are at the client's interest permanently protected
7. from disclosure by himself or by the legal advisor

8. except if the privilege be waived Ways that a-c privilege can be lost - Answer>> having conversations with others besides the attorney when privileged info is communicated beyond a small group of individuals who need to know when lawyer interviews a 3rd party to assist in client representation work-product protection is breached attorney forced to testify about conversations Confidentiality - Answer>> Rule 1.6(a); lawyer shouldn't reveal info pertaining to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by certain exceptions when can lawyer reveal confidential information? - Answer>> to prevent reasonably certain death or substantial bodily harm to prevent client from committing crime or fraud that is reasonably certain to result in injury prevent, mitigate, or rectify substantial injury to financial interests or property of another crime fraud exception to confidentiality - Answer>> Prima facie showing that:
9. client was engaged in criminal or fraudulent conduct when sought the advice of counsel

2. comparative fault--others were also at fault
3. implied contributory liability can you get punitive damages in malpractice - Answer>> very unusual; to get them lawyer usually has to be guilty of more than just negligence Rule 1.4, 1.7 - Answer>> Lawyers have a duty to tell clients when they have a legal malpractice claim To compel documents that may be privileged by work product, - Answer>> Moving party has to show:
4. it has no other method of obtaining info
5. denial of the motion to compel will cause harm see Hickman Who gets corporate a-c protection? - Answer>> beyond the control group (the group who has the power to take a substantial part in the decision) to anyone who aids in legal investigation (see Upjohn) Tests for work product privilege in a corporate setting - Answer>> control group test: privilege can be invoked only by those who are in a position to control or take a substantial role in determination of course of action a corporation may take based on legal advice received subject matter test: privilege attaches only when communication is made for purpose of giving/receiving legal advice; employee communicating with attorney at direction of superior to get legal advice for corporation; subject matter is within scope of

employee's duties; communication isn't disseminated beyond those who need to know Upjohn--no control group test; communications protected bc made to in house counsel at direction of superiors; concerned matters within the scope of duties; employees were aware they were being questioned to receive legal advice Privilege vs. work product - Answer>> Privilege --protects: confidential communications relating to representation --controlled by: client --exceptions: crime fraud, self defense, prevent death or harm work product --protects: mental impression of counsel and other work done on behalf of client in preparation for litigation --controlled by: lawyer --exceptions: crime fraud, self defense When does an attorney owe a duty to a 3rd party - Answer>> 1) invited reliance (ex. opinion letter in Greycas)

2. 3rd party beneficiary (ex. wills in Biakanja, Lucas)
3. client status (ex. guardianship in Fickett)
4. lawyer assists in conduct that constitutes a legal wrong against a 3rd party test to determine whether liabilty to a 3rd party should exist - Answer>> Biakanja factors:
5. extent to which transaction was intended to affect plaintiff
6. foreseeability of harm to plaintiff
7. degree of certainty that plaintiff suffered injury

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