MPRE Practice EXAM QUESTIONS AND ANSWERS 100% SOLVED (Newest 2025) An attorney and a prospective client met to discuss whether the attorney would represent the client in a contractual dispute. During the conversation, the potential plaintiff spoke to the attorney about her litigation objectives and how much she would be able to pay the attorney. As they were wrapping up the meeting, the client noticed a picture of the attorney's teenaged son on the wall. The client confided in the attorney that she had a son the same age, but she had given him up for adoption because she was an unwed teenager when he was born. She told the attorney that no one except her family knew about the adoption, and she asked the attorney to keep it confidential. Is the information about the client's pregnancy protected by the attorney-client privilege?
- No, because the woman had not retained the attorney
- No, because the communication was not relayed for legal
when the conversation took place.
advice.C - Correct Answers ✅Answer choice B is correct. A confidential communication between a client and her attorney is privileged. The evidentiary attorney-client privilege covers the client's communication to an attorney whom the client reasonably believes represents the client, and the circumstances indicate a desire by the client for confidentiality. Although the attorney does not need to give advice or agree to the representation for the privilege to exist, the communication must be for the purpose of seeking legal advice or representation. Although the statement about the client's child was given in confidence and would be protected by the attorney's ethical duty of confidentiality, it is 1 / 4
MPRE Practice EXAM QUESTIONS AND ANSWERS 100% SOLVED (Newest 2025) not subject to the attorney-client privilege because it was not relayed for the purpose of obtaining legal advice. Answer choice A is incorrect because, although the woman was a potential client with regard to the contract matter, the privilege would not apply to the statement regarding the adoption because the statement was not made for the purpose of obtaining legal advice. Answer choice C is incorrect because the communication was not made for the purpose of obtaining legal advice, so it is not privileged even if the woman had a reasonable expectation of representation.Answer choice D is incorrect because, although the communication would have been privileged if it had been relayed for the purpose of obtaining legal advice, it was not relayed for that purpose.A well-known defense attorney met with a criminal defendant regarding representation of the defendant in a highly publicized case. During the meeting, the attorney told the defendant, who was indigent, that she would represent him if he agreed to grant her movie rights regarding the representation. The client agreed to these terms, and the attorney provided him with a written consent form setting forth the terms of the representation and advising him to seek independent counsel. The attorney met with the defendant several days later, at which time he returned a signed copy of the written consent form. He told her that he had not consulted with another attorney. The attorney succeeded in obtaining an acquittal at trial and began shopping a movie based on the case to television studios shortly thereafter. Were the attorney's actions in securing the movie rights based on the case proper? 2 / 4
MPRE Practice EXAM QUESTIONS AND ANSWERS 100% SOLVED (Newest 2025)
- No, because the attorney neg - Correct Answers
✅Answer choice A is correct. An attorney is prohibited from negotiating for literary or media rights relating to representation of a client prior to the conclusion of the representation. Because the attorney negotiated for movie rights before the representation concluded in this case, her actions were improper. Answer choice B is incorrect because the prohibition on making or negotiating an agreement prior to the conclusion of the representation is a blanket prohibition that cannot be waived by the client regardless of whether the client sought or obtained independent legal counsel. Answer choice C is incorrect because an attorney may not negotiate for media rights before the conclusion of representation, even if the client consents. Answer choice D is incorrect because an attorney may not negotiate for literary or media rights before the conclusion of representation, even if such rights serve as the attorney's compensation.An attorney represented an incarcerated, indigent criminal defendant on a pro bono basis. At their initial meeting, the defendant was extremely fidgety. The defendant explained that she was a smoker but had not had a cigarette since being imprisoned because she had no money to buy cigarettes in the facility. The attorney gave the defendant $50 to buy cigarettes without securing from the defendant a promise to repay the money. Nevertheless, the defendant subsequently did repay the attorney. Was the attorney's loan to his client proper? 3 / 4
MPRE Practice EXAM QUESTIONS AND ANSWERS 100% SOLVED (Newest 2025) No, because an attorney may not provide financial assistance to a client for the client's living expenses.No, because an attorney must take steps to ensure that a client will repay any monetary advances made by the attorney before making such an advance.Yes, because an attorney may provide financial assistance to an indigent client.Yes, because the defendant repaid the money to t - Correct Answers ✅Answer choice A is correct. Financial assistance to a client is prohibited with respect to pending or planned litigation, except that an attorney may advance litigation expenses and court costs. The $50 in this case did not relate to such expenses and costs, and therefore it is prohibited.Answer choice B is incorrect because an attorney may not generally provide money to a client regardless of whether there is a prior agreement by the client to repay it. Answer choice C is incorrect because although an attorney representing an indigent client may advance court costs and litigation expenses regardless of whether the funds will be repaid, an attorney may not provide other forms of financial assistance. The money in this case did not relate to court costs or litigation expenses, and thus it would be prohibited.Answer choice D is incorrect because, even though the client repaid the attorney, an attorney is prohibited from providing a client with funds for living expenses.
- / 4