MPRE Practice Test.
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1. In a criminal case, which decisions belong to the DEFENDANT rather than defense counsel?
- A. The plea, jury trial waiver, testifying, and appealing
- B. Which witnesses to cross-examine
- C. All courtroom decisions of any kind
- D. Which motions to file
Show answer & explanation
Answer: A
Four decisions are personal to the criminal client: what plea to enter, whether to waive a jury, whether to testify, and whether to appeal. Witness handling and motions are tactical territory the lawyer manages after consultation.2. On her bar application, a law graduate omits a college disciplinary proceeding, reasoning it was 'ancient history.' Is this proper?
- A. Yes, because only criminal matters must be disclosed
- B. No — an applicant may not knowingly make a false statement or fail to disclose facts necessary to correct a misapprehension
- C. Yes, if the proceeding is over five years old
- D. Yes, unless the bar specifically asks
Show answer & explanation
Answer: B
Bar admission candor requires disclosing what the application calls for and correcting misapprehensions; deliberate omission of responsive history is a false statement by silence. Age and non-criminal character do not erase a responsive item — and admissions questionnaires do ask.3. A lawyer learns that another lawyer at a different firm stole client funds. The knowledge did not come from privileged communications. What must she do?
- A. Report the violation to the disciplinary authority — it raises a substantial question of honesty and trustworthiness
- B. Only warn the other lawyer privately
- C. Report only if a client asks her to
- D. Nothing; reporting is always optional
Show answer & explanation
Answer: A
Misconduct raising a substantial question about honesty, trustworthiness or fitness triggers the mandatory reporting duty when the lawyer has knowledge not protected by confidentiality. Theft of client funds is the paradigm case; a private warning discharges nothing.4. A paralegal at a firm drafts a will and advises the client on estate strategy, without lawyer review. What has the supervising lawyer facilitated?
- A. A violation only if the client complains
- B. Nothing; wills are not legal practice
- C. Permissible delegation, since paralegals draft documents
- D. The unauthorized practice of law — nonlawyers may assist but not independently advise or practice
Show answer & explanation
Answer: D
Delegation is proper only under supervision with the lawyer retaining responsibility; independent legal advice by a nonlawyer is unauthorized practice, and the lawyer who enables it violates the rules against assisting UPL. Client satisfaction is irrelevant to the violation.5. A lawyer quotes 'one-third of any recovery' for a personal injury case, sealed with a handshake. What does the contingent-fee rule require instead?
- A. A writing signed by the client stating the method of calculation and covered expenses
- B. A maximum fee of 10%
- C. Nothing; oral contingent fees are fine
- D. Court approval in every civil case
Show answer & explanation
Answer: A
Contingent fees must be in a writing signed by the client, spelling out the percentage at each stage, expense treatment, and post-recovery accounting. Ordinary fees may be oral (writing preferred); it is the contingency that mandates the signed writing.6. A partner directs an associate to backdate a document. The associate complies, believing partners' orders must be followed. Who is subject to discipline?
- A. Neither, because firms are disciplined instead
- B. Only the associate who acted
- C. Both — the order was a clear ethical violation, so following it does not protect the associate
- D. Only the partner who gave the order
Show answer & explanation
Answer: C
A subordinate is protected only when acting on a supervisor's reasonable resolution of an arguable question. Backdating is not arguable — it is falsification — so the associate answers alongside the ordering partner. Discipline runs against individuals, not firms.7. A lawyer licensed only in State A opens an office in State B and represents State B clients on State B matters. What rule does this violate?
- A. None, if fees are billed through State A
- B. None; a license in any state is national
- C. The prohibition on unauthorized practice — systematic presence in a jurisdiction requires admission there
- D. Only advertising rules
Show answer & explanation
Answer: C
Establishing an office or systematic presence in a jurisdiction where the lawyer is not admitted is unauthorized practice — temporary practice safe harbors (pro hac vice, arbitration, matters related to home-state practice) do not cover a standing office. Billing mechanics change nothing.8. A disciplinary authority in the lawyer's licensing state learns she was disciplined in another state for the same conduct. May the home state act too?
- A. No; double jeopardy bars a second proceeding
- B. Only if the conduct occurred in the home state
- C. Yes — a lawyer is subject to discipline in each jurisdiction where admitted, for the same conduct
- D. Only with the lawyer's consent
Show answer & explanation
Answer: C
Professional discipline is not criminal punishment, so double jeopardy does not apply: each jurisdiction of admission may discipline for the same conduct, wherever it occurred, and reciprocal discipline is routine. Consent is never an element.9. A nonlawyer office manager asks for 10% of the firm's profits as a bonus. May the lawyers agree?
- A. Only if the manager attends law school
- B. Yes, including sharing fees from specific cases
- C. No; nonlawyers may never receive anything tied to firm revenue
- D. Yes, through a compensation plan — nonlawyer employees may share in overall profits via retirement or bonus plans
Show answer & explanation
Answer: D
The fee-sharing prohibition targets splitting particular legal fees with nonlawyers; compensation and retirement plans based on overall profitability are expressly permitted. The forbidden version is the per-case cut, which would give nonlawyers a stake in legal judgments.10. After three missed deadlines caused by an overloaded docket, a solo lawyer takes on another complex case she has no time to handle. Which duty is she violating from the start?
- A. Only fee rules, if she bills for the time
- B. Confidentiality
- C. Competence and diligence — workload that prevents adequate handling makes the representation improper
- D. None until a deadline is actually missed
Show answer & explanation
Answer: C
Competence includes the capacity to give a matter the attention it requires; accepting work a lawyer cannot handle timely is itself the violation — the missed deadline is just the injury arriving. Fees and confidentiality are separate axes.11. A client asks whether to accept a settlement offer. The lawyer, sure the offer is poor, rejects it without telling the client. What rule is broken?
- A. None; tactics belong to the lawyer
- B. None, because the offer was objectively bad
- C. The client decides whether to settle — the lawyer must communicate the offer and abide by the client's decision
- D. Only a billing rule
Show answer & explanation
Answer: C
Settlement is the client's call, full stop — the lawyer controls means and tactics but not objectives, and every settlement offer must be conveyed. The offer's quality informs the advice, never a unilateral rejection.12. In which two case types are contingent fees prohibited?
- A. Class actions and appeals
- B. Criminal defense, and domestic relations fees contingent on securing a divorce or on support amounts
- C. Personal injury and property damage
- D. Contract and employment disputes
Show answer & explanation
Answer: B
Contingencies are barred in criminal defense and in domestic relations matters when contingent on divorce, alimony or support — areas where the incentive would corrupt the representation. Personal injury is the contingent fee's natural home, not its prohibition.13. A client stops paying and demands a strategy the lawyer finds repugnant but lawful. May the lawyer withdraw?
- A. No; representation is until judgment
- B. Yes — permissive withdrawal is available for nonpayment or repugnant objectives, if the client's interests aren't materially harmed and the tribunal permits
- C. Yes, and no notice to anyone is needed
- D. Only if the client consents in writing
Show answer & explanation
Answer: B
Nonpayment after warning and a repugnant course of action are classic permissive-withdrawal grounds, subject to protecting the client and obtaining any required tribunal permission. Withdrawal in litigation is never notice-free.14. A lawyer's elderly client shows growing confusion but can still articulate wishes. What is the lawyer's baseline duty?
- A. Petition for guardianship in every case
- B. Withdraw immediately
- C. Maintain a normal client-lawyer relationship as far as reasonably possible
- D. Transfer decisions to the client's family at once
Show answer & explanation
Answer: C
Diminished capacity does not strip clienthood: the lawyer maintains the ordinary relationship so far as possible, escalating to protective action — consulting others, seeking a guardian — only when the client faces substantial harm and cannot act in their own interest.15. A prospective client interviews a lawyer, shares case details, then hires someone else. What duty survives the non-engagement?
- A. A duty to send a bill for the consultation
- B. A duty to take the case if asked later
- C. Confidentiality for what was learned, and conflict limits on later adverse representation
- D. None; no engagement means no duties
Show answer & explanation
Answer: C
Prospective clients get real protection: their information stays confidential, and the lawyer is restricted from later adverse representation where the information could be significantly harmful. The interview creates duties even when no engagement follows.16. A fee dispute erupts and the lawyer defends herself by disclosing details of the representation. Was the disclosure permitted?
- A. Only with the former client's consent
- B. Yes, without any limit once sued
- C. Yes, to the extent reasonably necessary — a lawyer may reveal information to establish a claim or defense in a controversy with the client
- D. No; confidentiality is absolute against everyone
Show answer & explanation
Answer: C
The self-defense exception allows disclosure in lawyer-client controversies — but only what is reasonably necessary to the claim or defense. It is a scalpel, not a waiver of the whole file, and it does not need the client's consent.17. A client tells his lawyer he intends to seriously injure a witness next week. May the lawyer disclose?
- A. Only after the injury occurs
- B. Only with court approval
- C. No; future crimes are confidential too
- D. Yes — disclosure is permitted to prevent reasonably certain death or substantial bodily harm
Show answer & explanation
Answer: D
Preventing reasonably certain death or substantial bodily harm is the strongest confidentiality exception, and it operates before the harm, without court involvement. Waiting for the injury inverts the exception's whole purpose.18. How does the ethical duty of confidentiality differ from the attorney-client privilege?
- A. The ethical duty covers ALL information relating to the representation from any source; privilege covers only confidential lawyer-client communications in evidence law
- B. The ethical duty ends when litigation begins
- C. Privilege is broader than the ethical duty
- D. They are two names for one rule
Show answer & explanation
Answer: A
The ethical duty is the wide circle — everything relating to the representation, whatever its source, in every setting. Privilege is the narrow evidentiary shield for confidential communications when testimony is compelled. The MPRE loves the distinction.19. A lawyer discusses a client's case in an elevator, using no names but enough detail that a listener identifies the client. Has she violated confidentiality?
- A. No, if the case is interesting
- B. Only if the listener acts on it
- C. No, because no name was spoken
- D. Yes — disclosure that allows identification breaches the duty even without naming the client
Show answer & explanation
Answer: D
The duty protects information, not merely names: hypotheticals and war stories violate it whenever the listener could reasonably identify the client or situation. Harm is not an element of the breach.20. After a representation ends, what happens to the lawyer's confidentiality obligation?
- A. It lapses after seven years
- B. It continues indefinitely — even after the client's death
- C. It expires when the file closes
- D. It converts into a duty to the courts
Show answer & explanation
Answer: B
Confidentiality survives the representation and the client: former-client information stays protected without a sunset. File-retention schedules govern paper, not the duty itself.21. A lawyer wants to represent two co-defendants whose interests currently align but could diverge. What does the conflict rule require before proceeding?
- A. A reasonable belief she can represent both competently, plus informed consent from each, confirmed in writing
- B. Court approval only
- C. Joint representation of co-defendants is always barred
- D. Nothing while their interests align
Show answer & explanation
Answer: A
A concurrent conflict — including a significant risk of one — is waivable only when the lawyer reasonably believes she can provide competent, diligent representation to each and every affected client gives informed consent confirmed in writing. Alignment today does not erase the risk analysis.22. Which concurrent conflict can NO client consent cure?
- A. Representing two clients in unrelated matters
- B. Representing opposing parties in the same litigation
- C. Representing a client adverse to a former client's competitor
- D. Representing co-plaintiffs with aligned claims
Show answer & explanation
Answer: B
Asserting a claim on behalf of one client against another client in the same litigation is nonconsentable — no writing fixes advocating both sides of one case. The other pairings are either no conflict at all or consentable ones.23. A lawyer who drafted a company's trade-secret protections is asked, two years after leaving that client, to sue the company over those same secrets. May she?
- A. Yes; duties end with the representation
- B. No — the new matter is substantially related and adverse to the former client, absent informed written consent
- C. Yes, after a one-year cooling-off period
- D. Only if she forgets the earlier work
Show answer & explanation
Answer: B
The former-client rule bars materially adverse representation in the same or a substantially related matter without informed written consent — and having built the very protections at issue is the definition of substantial relationship. Time and claimed amnesia are no cure.24. A client offers to sell her lawyer a share of the business that is the subject of the representation. What must happen for the deal to be proper?
- A. Fair terms fully disclosed in writing, written advice to seek independent counsel, and the client's signed informed consent
- B. Such transactions are flatly prohibited
- C. Oral disclosure suffices between friends
- D. Nothing special; clients may contract freely
Show answer & explanation
Answer: A
Business transactions with clients are permitted only through the three-part gauntlet: objectively fair terms transmitted in understandable writing, written advice to consult independent counsel, and signed informed consent covering the lawyer's role. Friendship lowers no element.25. During a divorce representation, the lawyer begins a romantic relationship with the client. Is this permitted?
- A. Yes, between consenting adults
- B. Yes, with a signed waiver
- C. Yes, if the representation is unaffected
- D. No — sexual relationships with clients are barred unless the relationship predated the representation
Show answer & explanation
Answer: D
The rule is categorical: no sexual relationship with a client unless a consensual one existed before the representation began. Consent, waivers and claimed non-impact are all irrelevant — the power imbalance is presumed.26. A grateful client wants to leave her lawyer a substantial bequest and asks him to draft the will. May he?
- A. Yes; gifts reflect client autonomy
- B. No — a lawyer may not draft an instrument giving himself a substantial gift unless he is related to the client
- C. Yes, if the gift is under half the estate
- D. No, and he must also refuse any gift of any size
Show answer & explanation
Answer: B
The prohibition targets the drafting: preparing an instrument that gives the drafter (or his close family) a substantial gift is barred except for relatives. The client remains free to make the gift through independent counsel — and modest unsolicited gifts are acceptable.27. A defendant's employer offers to pay for the defense. Under what conditions may the lawyer accept the arrangement?
- A. The payer may direct strategy since it pays
- B. None; third-party payment is forbidden
- C. Client informed consent, no interference with the lawyer's judgment, and confidentiality preserved against the payer
- D. Only if the payer is a family member
Show answer & explanation
Answer: C
Third-party payment is fine on three conditions: the client consents, the payer keeps hands off the representation, and client confidences stay closed to the payer. He who pays does NOT call the tune — that inversion is the tested point.28. A lawyer moves from Firm A, where she personally defended MegaCorp, to Firm B, which is suing MegaCorp in the same matter. What happens at Firm B?
- A. The whole firm is disqualified with no cure
- B. She is disqualified, and her conflict imputes to Firm B unless she is screened, gets no fee share from the matter, and the former client is notified
- C. Nothing; conflicts stay at the old firm
- D. She may work on the case after 30 days
Show answer & explanation
Answer: B
Her personal disqualification would spread to the firm, but the imputation rule allows a cure: timely screening, no apportioned fee from the matter, and written notice to the former client. Screening never lets HER touch the case — it saves the firm, not the migrating lawyer.29. Mid-trial, a lawyer realizes her client's earlier sworn testimony was a lie. The client refuses to correct it. What must the lawyer do?
- A. Nothing; confidentiality controls in court
- B. Withdraw silently and say nothing
- C. Immediately announce the lie to the jury
- D. Take reasonable remedial measures — up to disclosure to the tribunal if necessary
Show answer & explanation
Answer: D
Candor to the tribunal outranks confidentiality here: the lawyer must remonstrate with the client, seek withdrawal if that cures it, and disclose to the court if nothing less remedies the false evidence. Silent withdrawal alone leaves the lie standing.30. Opposing counsel is unaware of a controlling case squarely against the lawyer's position. Must the lawyer tell the court?
- A. No; research failures are the opponent's problem
- B. Yes, along with adverse facts the opponent missed
- C. Only if the judge asks
- D. Yes — directly adverse controlling authority in the jurisdiction must be disclosed if the opponent hasn't cited it
Show answer & explanation
Answer: D
Candor requires disclosing directly adverse, controlling LEGAL authority the opponent failed to cite — the lawyer may then argue against it. Adverse facts carry no parallel disclosure duty in an adversary system; the distinction is the question's point.31. A lawyer serving as a part-time judge asks whether her firm may accept cases in the court where she sits. What body of rules governs her judicial role?
- A. Only the rules of evidence
- B. The Code of Judicial Conduct, alongside the professional conduct rules
- C. No rules; part-time judges are exempt
- D. Only local court customs
Show answer & explanation
Answer: B
Judicial service brings the Code of Judicial Conduct into play — the MPRE tests it alongside the lawyer rules — and part-time judges are covered with tailored applications, not exempted. Customs never displace the Code.32. A new client hands the lawyer $10,000: half an advance on fees, half to cover future court costs. Where does the money go?
- A. Into the firm's operating account at once
- B. Into the client trust account, withdrawn by the lawyer only as fees are earned or costs incurred
- C. Wherever the client prefers
- D. Half to operating, half to trust, immediately
Show answer & explanation
Answer: B
Unearned advances and client cost deposits are client property: they sit in trust and move to the operating account only as earned or spent. Premature transfer is conversion, the fastest route to disbarment on the exam and off it.33. A lawyer and an out-of-state lawyer split a fee on a referred case. Under the Model Rules, when is the division proper?
- A. Only with court approval
- B. Never between different firms
- C. When it is proportional to work or both assume joint responsibility, the client consents in writing, and the total fee is reasonable
- D. Whenever both are licensed somewhere
Show answer & explanation
Answer: C
Cross-firm fee division needs three legs: proportionality or joint responsibility, the client's written agreement to the arrangement and shares, and overall reasonableness. Bare referral fees with no work and no responsibility fail the first leg.34. May a lawyer advance litigation costs for an indigent client without any repayment obligation?
- A. Yes — court costs and litigation expenses for indigent clients may simply be paid
- B. No; every advance requires repayment
- C. No; that is champerty
- D. Only through a public defender
Show answer & explanation
Answer: A
The financial-assistance rule has two doors: costs may be advanced with repayment contingent on outcome for any client, and paid outright for indigent ones. What stays forbidden is general living-expense support — subsidizing the lawsuit's costs is not buying the claim.35. An insurer hires a lawyer to defend its insured. Litigation reveals facts suggesting the policy may not cover the claim. Whom does the lawyer serve?
- A. Whoever the retainer letter favors
- B. Both equally on coverage questions
- C. The insurer, since it pays
- D. The insured is the client — the lawyer may not use the representation to help the insurer deny coverage
Show answer & explanation
Answer: D
In the standard arrangement the insured is the client; coverage adversity belongs to separate counsel, and confidences learned in the defense cannot flow to the insurer's coverage side. Payment does not purchase clienthood — the third-party-payer rule's sharpest edge.36. In-house counsel discovers officers are committing a fraud likely to injure the corporation. Internal escalation to the CEO fails. What does the entity-client rule direct next?
- A. Immediate resignation with no further steps
- B. Referral up the ladder — ultimately to the board — because the organization, not its officers, is the client
- C. Loyalty to the CEO who supervises her
- D. A press release
Show answer & explanation
Answer: B
The client is the entity: when constituents' misconduct threatens it, the lawyer escalates internally up to the highest authority. Quiet exit abandons the client and public disclosure skips the mandated ladder — the board comes before anything louder.37. A client's crucial email would sink the case, and the client asks the lawyer to 'make it disappear' before discovery. The lawyer's obligation?
- A. Delete it but keep a private copy
- B. Wait until a court order issues, then delete
- C. Refuse — a lawyer may not unlawfully alter, destroy, or conceal material having potential evidentiary value
- D. Comply; the client owns the email
Show answer & explanation
Answer: C
Obstruction of access to evidence is prohibited regardless of ownership, and counseling or assisting it is equally barred. The pending-litigation context makes destruction spoliation; secret copies and pre-order deletions are variations on the same violation.38. Preparing a witness, a lawyer says: 'Just testify that the light was green — I'll cover your lost wages generously.' Which line has been crossed?
- A. None; witness preparation is standard
- B. Only a fee-splitting rule
- C. None, if the light really was green
- D. Counseling false testimony — and tying payment to content compounds it; only reasonable expenses and lost time may be compensated
Show answer & explanation
Answer: D
Preparation may refresh and organize truthful testimony; scripting content is subornation. Fact witnesses may be paid reasonable expenses and lost time — never amounts contingent on, or 'generous' for, saying the right thing.39. During deliberations, a lawyer runs into a juror at a coffee shop and chats about the weather only. Permissible?
- A. No — ex parte contact with jurors during the proceeding is prohibited regardless of topic
- B. Yes; only case discussion is barred
- C. Yes, outside the courthouse
- D. Yes, if the juror starts the chat
Show answer & explanation
Answer: A
The bar on juror communication during proceedings is topic-blind — small talk builds exactly the rapport the rule exists to prevent, wherever it happens and whoever opens. The right response is a polite exit and, if contact occurred, disclosure to the court.40. On the courthouse steps mid-trial, defense counsel tells cameras her client 'passed a polygraph and the real killer is still out there.' What rule is implicated?
- A. Only rules about courtroom decorum
- B. Trial publicity — statements with a substantial likelihood of materially prejudicing the proceeding are barred, and inadmissible polygraph claims are a textbook example
- C. None; the First Amendment protects it all
- D. None for defense lawyers specifically
Show answer & explanation
Answer: B
Extrajudicial statements likely to materially prejudice a jury trial are restricted — inadmissible evidence like polygraph results tops the danger list. A narrow right of reply exists to counter prejudicial publicity started by others, but this statement is offense, not reply.41. What special disclosure duty does a PROSECUTOR carry that other advocates do not?
- A. None; all advocates share identical duties
- B. A duty to secure convictions
- C. A duty to avoid plea bargaining
- D. Timely disclosure of evidence tending to negate guilt or mitigate the offense
Show answer & explanation
Answer: D
Prosecutors are ministers of justice: they must disclose exculpatory and mitigating evidence, proceed only on probable cause, and protect the accused's rights. 'Seek justice, not convictions' is the office's defining asymmetry.42. A lawyer knows the opposing party is represented. The party phones her directly, wanting to 'cut out the middlemen.' May she talk?
- A. Yes, about settlement only
- B. Yes, if she takes careful notes
- C. Yes; the party waived protection by calling
- D. No — she may not discuss the matter with a represented person without that person's counsel's consent, even if the person initiates
Show answer & explanation
Answer: D
The no-contact rule belongs to the opposing counsel's representation, not to the represented person, so the person's own outreach waives nothing. The right move is to decline and redirect through counsel — settlement talk is exactly what the rule guards.43. Speaking with an unrepresented adverse party, what is the lawyer's key limit?
- A. Communication only in writing
- B. No implying disinterest, and no legal advice beyond the advice to secure counsel
- C. No communication of any kind
- D. Full freedom, including advising them
Show answer & explanation
Answer: B
Talking to unrepresented persons is allowed, but the lawyer must correct any misunderstanding of her role and give no advice other than to obtain counsel when interests conflict. The rule polices the impression of neutrality, not the conversation itself.44. In settlement talks, a lawyer describes her client's 'bottom line' as double its true figure. Sanctionable dishonesty?
- A. Yes, unless opposing counsel expects puffery
- B. Yes; every falsehood violates the rules
- C. No — statements of negotiating posture like price and settlement intentions are not 'statements of material fact' under the rules
- D. No, because negotiations are unregulated
Show answer & explanation
Answer: C
Truthfulness rules govern statements of material fact — and by convention, negotiation puffery about acceptable prices and intentions is not one. Lying about the existence of insurance coverage or a document's contents WOULD be; the line is fact versus posture.45. A lawyer files a claim she knows current law forecloses, hoping to argue for reversal of precedent. Frivolous?
- A. No — a claim is not frivolous if it includes a good-faith argument for extending, modifying, or reversing existing law
- B. Yes; losing positions are frivolous
- C. No, because any filing is permitted
- D. Yes, unless a judge pre-approves it
Show answer & explanation
Answer: A
The frivolousness line protects law reform: nonfrivolous includes good-faith arguments to change the law — that is how precedent falls. What crosses the line is filing with no basis in law or fact and no honest argument for change, or filing merely to harass.46. Mid-hearing, a lawyer walks to chambers to 'clarify one point' with the judge, without opposing counsel. What rule is violated?
- A. None; judges welcome clarification
- B. The ban on ex parte communication with the judge on the merits during a proceeding
- C. A rule against visiting chambers generally
- D. None, if the point is minor
Show answer & explanation
Answer: B
Merits communication with the tribunal outside the opponent's presence is prohibited unless law or court order authorizes it — scheduling calls are the narrow exception, 'one quick point' is not. The judge violates the CJC by allowing it, too.47. A firm's website calls it 'the best litigation firm in the state, winning results guaranteed.' What is wrong with the claim?
- A. Only that it omits a phone number
- B. It is misleading — unverifiable superiority claims and guarantees create unjustified expectations
- C. Nothing; websites are not advertising
- D. It is fine if the firm believes it
Show answer & explanation
Answer: B
Lawyer communications may not be false or misleading: 'best' cannot be substantiated and 'guaranteed' results manufacture unjustified expectations. Sincerity is no defense — the test is the message's effect on a reasonable reader.48. Two days after a bus crash, a lawyer visits injured passengers in the hospital to offer representation. Which rule condemns this?
- A. Only hospital visiting-hours policies
- B. The solicitation ban — live person-to-person contact seeking employment for pecuniary gain from strangers is prohibited
- C. None; injured people need lawyers fast
- D. A rule requiring business cards
Show answer & explanation
Answer: B
In-person solicitation of accident victims is the classic ambulance chase the rule prohibits: live contact, pecuniary motive, no prior relationship. Exceptions exist for lawyers, family, close friends and prior clients — hospital strangers are none of these.49. A lawyer mails truthful flyers to homeowners facing foreclosure, offering her services. Permissible?
- A. No; targeting any audience is solicitation
- B. Only to prior clients
- C. Yes — targeted truthful written advertising is protected; live-contact solicitation is what the rules bar
- D. Only if sent by a marketing company
Show answer & explanation
Answer: C
Truthful targeted mail is constitutionally protected advertising — the coercion concern behind the solicitation ban attaches to live encounters, not letters a recipient can discard. Some jurisdictions add labeling requirements, but the mailing itself is proper.50. A lawyer's ad reads 'Specialist in Personal Injury Law.' She holds no certification. Problem?
- A. Yes; lawyers may never mention practice areas
- B. No; anyone may claim any specialty
- C. Yes — claiming certified-specialist status requires certification by an accredited organization, identified in the ad
- D. No, if she handles many injury cases
Show answer & explanation
Answer: C
Lawyers may state that they practice in particular fields — but 'certified specialist' claims require actual certification by an approved body, named in the communication. Volume of cases does not confer the label.51. A settlement check arrives; the client's medical provider holds a valid lien on part of it. The client says 'pay me everything.' What must the lawyer do?
- A. Pay the undisputed portion to the client and hold the lien-disputed funds in trust until resolved
- B. Pay the provider everything
- C. Obey the client and pay all of it out
- D. Keep it all until the client apologizes
Show answer & explanation
Answer: A
Third parties with lawful claims on trust funds are protected: disputed portions stay in trust pending resolution, while undisputed amounts go out promptly. Client instructions cannot direct the lawyer to defeat a valid lien.52. May a lawyer deposit her own money into the client trust account 'as a cushion against bank fees'?
- A. Yes, in any prudent amount
- B. Only the amount necessary to pay bank service charges — anything more is prohibited commingling
- C. Yes, if she keeps a ledger
- D. No, not a cent, ever
Show answer & explanation
Answer: B
The single exception to the no-commingling rule is lawyer funds sufficient to cover bank charges on the account. A 'prudent cushion' beyond that mixes lawyer and client money — the exact hazard the trust account exists to prevent, ledger or not.53. How long must a lawyer keep records of client trust account funds after the representation ends (under the Model Rules)?
- A. Forever, by rule
- B. Ninety days
- C. One year
- D. Five years
Show answer & explanation
Answer: D
The Model Rules set five years after termination of the representation as the trust-records retention period. States may extend it, but five is the tested default — and prudent lawyers often keep records longer voluntarily.54. A judge's former law partner appears as counsel in a case before her, one year after their partnership dissolved. What does the Code of Judicial Conduct require?
- A. Automatic transfer of the case to federal court
- B. Nothing after the partnership ends
- C. The judge decides alone with no disclosure
- D. Disqualification when impartiality might reasonably be questioned — with disclosure and possible remittal by the parties
Show answer & explanation
Answer: D
The disqualification standard is objective — whether impartiality might reasonably be questioned — and a recent partnership plainly raises it. Many such disqualifications can be remitted if the parties, after disclosure and without judicial pressure, agree the judge may sit.55. A judge is invited to speak, paid, at a bar association seminar on evidence law. May she accept the honorarium?
- A. Yes — teaching and speaking on the law are encouraged, with compensation that is reasonable and reported as required
- B. Yes, secretly
- C. Only if the audience excludes lawyers
- D. No; judges may earn nothing beyond salary
Show answer & explanation
Answer: A
The CJC encourages judges to teach, write, and speak about the law; reasonable compensation is fine with the reporting the jurisdiction requires. The limits protect against exploitation of office and appearances — not against scholarship.56. A judicial candidate is asked to promise she will 'always rule for landlords' if elected. She wants the endorsement. What does the CJC say?
- A. The promise is fine if kept private
- B. Only sitting judges are restricted
- C. Campaign promises are always protected speech
- D. Candidates may not make pledges or promises about how they will rule on issues likely to come before the court
Show answer & explanation
Answer: D
Judicial candidates may announce general views but not commit to results in cases or classes of cases — the pledge would auction the office's impartiality. The restriction reaches candidates precisely because it protects the bench they seek.57. A judge researches a pending case's facts on social media, finding posts by the parties. Under the CJC, what has she done?
- A. A violation only if she comments on the posts
- B. Improperly investigated facts independently — judges must decide on the record, and independent factual investigation is barred
- C. Diligent homework to be commended
- D. Nothing wrong, since the posts are public
Show answer & explanation
Answer: B
Judges decide on the evidence presented, and independent investigation of adjudicative facts — including a public social feed — imports untested material outside the parties' scrutiny. Publicity of the source does not launder the investigation.58. A lawyer holds settlement funds partly claimed by the client and partly by the lawyer as her disputed fee. How is the disputed fee portion handled?
- A. It goes to the client to end the argument
- B. It goes to the state bar to hold
- C. The lawyer takes it, as the fee is hers
- D. It stays in trust until the fee dispute is resolved; the lawyer distributes everything undisputed
Show answer & explanation
Answer: D
When the lawyer's own fee is disputed, the contested amount remains in trust until resolution while undisputed sums flow immediately to their owners. Self-help withdrawal of a disputed fee is conversion dressed as confidence.59. What must a lawyer do upon receiving funds in which a client has an interest?
- A. Wait for the client to ask
- B. Deduct fees first, silently
- C. Promptly notify the client, deliver what the client is entitled to, and render a full accounting on request
- D. Hold everything 60 days by default
Show answer & explanation
Answer: C
Receipt triggers three duties: prompt notice, prompt delivery of the client's share, and an accounting on request. Silent deductions and waiting games breach the promptness the safekeeping rule is built on.60. May a law firm practicing in a jurisdiction following the Model Rules include a nonlawyer investor as a part-owner?
- A. Yes, up to 49% ownership
- B. No — nonlawyers may not own interests in law firms under the Model Rules
- C. Yes, with bar notification
- D. Yes, if the investor avoids client matters
Show answer & explanation
Answer: B
The Model Rules bar nonlawyer ownership and control of law firms to protect professional independence — no percentage, notification, or passivity cures it. A few jurisdictions have experimented otherwise, but the MPRE tests the Model Rule.
2026 statistics
Key facts: MPRE exam
The MPRE is administered by National Conference of Bar Examiners (NCBE), with 60 scored questions, a 2 hours time limit and a Set by each jurisdiction (scaled 50–150; commonly 75–86) result.
This free MPRE practice test has 60 original questions written to National Conference of Bar Examiners (NCBE)'s official content outline, last checked against it on August 7, 2026. Every question shows a worked explanation, and nothing here requires a signup.
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Official sources
Every exam fact on this page traces to a primary document published by the body that administers the exam.
- MPRE — NCBE ExamsNational Conference of Bar Examiners (NCBE)ncbex.org
- Preparing for the MPRE — NCBENational Conference of Bar Examiners (NCBE)ncbex.org
- Registering for the MPRE — NCBENational Conference of Bar Examiners (NCBE)ncbex.org
Last verified against the official exam content outline:
Frequently asked questions
Why does every question here end with a precise 'call' like 'subject to discipline'?
Because the real exam's calls carry legal meaning: 'subject to discipline' asks whether a rule was violated, 'subject to civil liability' asks about malpractice, 'subject to disqualification' invokes conflicts law, and 'may the lawyer' asks what is permitted. Reading the call before the facts tells you which body of law scores the question — practicing that habit here is half the preparation.
How should I use this bank alongside the official NCBE materials?
Drill here by topic to build rule fluency, then use NCBE's official practice questions to calibrate against the real item style. The two-minute-per-question pace of the actual exam — 60 questions in 120 minutes — is worth rehearsing in at least two timed mixed sessions before test day.
What accuracy here predicts a passing scaled score?
Scaling varies by administration, so no raw score maps exactly — but consistent 80%+ on fresh mixed drills comfortably clears even the strictest jurisdictions' lines in practice. If you sit near your jurisdiction's minimum, drill the conflicts and litigation-conduct chips hardest; they carry the most questions and the most near-miss answer choices.
Why do so many wrong answers here sound almost right?
By design — that is the MPRE's signature difficulty. Distractors state real rules with one element missing: consent that was oral instead of written, a screen without notice, an exception that requires the lawyer's services when none were used. Train yourself to demand every element of the rule before accepting an answer.