Multistate Professional Responsibility Examination (MPRE) Exam 2 – Sample

Corporate Confidentiality covers communications between high ranking corporate officials or another corporate employee if: (i) The employee communicates with the lawyer at the direction of the employee’s superior (ii) The employee knows that the purpose of the communication if to obtain legal advice for the corporation and (iii) The communication concerns a subject within the scope of the employee’s duties to act for the corporation

If a securities lawyer becomes aware of credible evidence that her client is materially violating a federal or state securities law or has breached a fiduciary duty or similar material violation, she must report the evidence to her client’s chief legal officer or CEO

A waiver of privilege consists of a failure to claim the privilege when there is an opportunity to do so or the intentional revelation of a significant portion of the privileged communication

A lawyer in an ex parte proceeding must inform the tribunal of all material facts known to the lawyer that will help the tribunal make an informed decision

All money that the lawyer receives on behalf of a client must promptly be placed in a client trust fund account, separate from the lawyer’s own personal and business accounts

A judge must not appear voluntarily at a public hearing before or otherwise consult with an executive or legislative body or official except on matters concerning the law, the legal system or the administration of justice. Duty does not apply when the judge is acting pro se in a matter that involves he judge or his interests, or when the judge is acting as a fiduciary. Also does not apply in connection with matters about which the judge acquired knowledge or expertise in the course of her judicial duties

If the judge becomes a candidate for a nonjudicial appointive office she need not resign her judgeship, provided that she complies with all the provisions of the CJC

The lawyer for the defendant in a criminal case may conduct the defense so that the prosecutor must prove every necessary element of the crime

Except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, a prosecutor must not make extrajudicial statements that have a substantial likelihood of heightening public condemnation of the accused. A prosecutor must take reasonable care to prevent investigators, police, employees, and other subordinates from making such statements

At all times a judge must act so as to promote public confidence in the independence, integrity, and impartiality of the judiciary