MPRE Cheat Sheet.

Test mechanics

• 60 questions (50 scored + 10 hidden pretest) · 2 hours · 3 administrations/year · Pearson VUE computers
• Scores scaled 50–150; passing set per jurisdiction (commonly 75–86) — check yours
• Required everywhere except Wisconsin & Puerto Rico; CT/NJ accept a law-school PR course
• Registration + fee by the deadline — no late registrations, ever; arrive 30 min early

The call of the question decodes the law

• Subject to discipline? → Model Rules violation
• Subject to civil liability? → malpractice standards
• Subject to disqualification? → conflicts/motion law
• May the lawyer…? → is it permitted (even if unwise)

Consent formulas (element-perfect or wrong)

• Concurrent conflict: reasonable belief + informed consent confirmed in writing — never for opposite sides of one case
• Former client: no adverse rep in substantially related matter w/o informed written consent
• Business deal with client: fair terms in writing + advise independent counsel in writing + signed consent
• Migrating lawyer: firm saved by timely screen + no fee share + notice; screened lawyer never touches the case
• No sex with clients (unless pre-existing) · no drafting yourself substantial gifts (unless relative)

Confidentiality exceptions (permissive)

• Prevent reasonably certain death/substantial bodily harm (no services requirement)
• Prevent/rectify substantial financial harm — only if client used your services
• Self-defense in client controversy (reasonably necessary only) · ethics advice · court order
• Duty ≠ privilege: duty = ALL info from any source, survives death; privilege = communications in evidence law

Litigation reflexes

• Disclose adverse controlling law opponent missed — never a duty for facts
• False evidence → remonstrate → withdraw → disclose if needed (candor beats confidentiality)
• Fact witnesses: expenses + lost time only · experts: reasonable, never contingent
• No-contact rule: their consent means COUNSEL's consent, not the party's
• Jurors during trial: no contact about anything · judges: no merits ex parte
• Negotiation puffery (price/intent) ≠ material fact; coverage/document lies = violation
• Prosecutors: probable cause + timely exculpatory disclosure

Money & advertising

• Trust account: lawyer money only to cover bank charges · disputed amounts (incl. your fee, valid liens) stay in trust · records 5 years
• Advance fees → trust until earned · receipt duties: notify + deliver + account, promptly
• No false/misleading ads: no 'best,' no guarantees · certified specialist claims need accredited certification
• Targeted truthful mail OK · live solicitation of strangers for money: banned (exceptions: lawyers, family, close friends, prior clients)
• Contingent fees: signed writing; barred in criminal & divorce/support cases
• Nonlawyers: no firm ownership, no per-case fee shares (profit-based comp plans OK)

Judges in four lines

• Disqualify when impartiality might reasonably be questioned; parties can remit many conflicts after disclosure
• No ex parte merits contact · no independent fact investigation — decide on the record
• Teaching/writing on law: encouraged, reasonable reported compensation
• Candidates: no pledges or promises on issues likely to come before the court