Philosophy > EXAM > MPRE EXAM QUESTIONS AND ANSWERS (All)

MPRE EXAM QUESTIONS AND ANSWERS

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2. Application Process a. Prohibited behavior - Answers -An applicant for admission to the bar is prohibited from: i) Knowingly making a false statement of material fact in connection with the application; ii) Failing to disclose a fact necessary to correct a misapprehension known by him to have arisen in the matter; or iii) Failing to respond to a lawful demand by an admissions authority in connection with the application (unless such fact is protected by the rules governing confidential communications). b. Fifth Amendment privilege - Answers -An applicant for admission to the bar may invoke the Fifth Amendment privilege against self-incrimination but must do so openly rather than simply leaving out requested information. MRPC 8.1, cmt. 2. c. Violations prevent admission - Answers -Violation of the provisions of the Model Rules may prevent admission. If the applicant has been admitted, the applicant is subject to discipline as a lawyer for having violated the provisions. MRPC 8.1, cmt. 1. d. Information from others - Answers -Bar authorities seek information as to an applicant's fitness to practice law from the applicant and from other people. A person who is a member of the bar is subject to the same rules as those impacting the applicant. If a lawyer is asked about an applicant and fails to disclose a fact necessary to correct a misapprehension or to disclose any material fact requested in connection with the application, the lawyer is subject to discipline under the Model Rules. MRPC 8.1, cmt. 1. This rule, however, does not require the lawyer to disclose information that is otherwise protected by the confidentiality provisions of the Model Rules or the attorney-client privilege. d. Information from others- Example - Answers -Example: An attorney is asked to write a letter of recommendation for a client's nephew for admission to the bar. The attorney has had no direct contact with the nephew, but the client has assured the attorney that the nephew is industrious and honest. The attorney is not permitted to write the letter based on the client's assurance. The attorney must make an independent investigation and write the letter only if the attorney is then satisfied that the nephew is qualified. A question on a bar application such as, "Have you ever been a party to any legal action or proceeding?" must be answered truthfully and completely, even if the action was dismissed or the judgment eventually expunged.

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