Multistate Professional Responsibility Examination (MPRE) The Client-Lawyer Relationship Syllabus

The Client-Lawyer Relationship syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for The Client-Lawyer Relationship in Multistate Professional Responsibility Examination (MPRE), not a summary of it.

1. 1

   Formation, Scope, and Authority

   3 topics

   • Creating the relationship and undertaking representation
     • Express and implied formation
     • Duties to prospective clients (Rule 1.18)
     • Reasonable reliance and inadvertent attorney-client relationships
   • Allocation of authority between client and lawyer (Rule 1.2)
     • Client decisions on objectives, settlement, and plea
     • Lawyer control over means and tactics
     • Limiting the scope of representation by informed consent
   • Counseling or assisting crime or fraud
     • Distinguishing advising on legal consequences
     • The line between explaining and assisting unlawful conduct
2. 2

   Competence and Diligence

   3 topics

   • The duty of competence (Rule 1.1)
     • Legal knowledge, skill, thoroughness, and preparation
     • Technology competence and benefits and risks of relevant technology
     • Acquiring competence and associating with competent counsel
   • Diligence and reasonable promptness (Rule 1.3)
     • Avoiding neglect and procrastination
     • Workload management and dedication to the client
   • Civil liability for malpractice and breach of duty
     • Negligence and breach of fiduciary duty standards
     • Limiting malpractice liability and settling claims (Rule 1.8(h))
3. 3

   Communication and Client Decision-Making

   3 topics

   • The duty to communicate (Rule 1.4)
     • Keeping the client reasonably informed about status
     • Promptly informing of decisions requiring client consent
     • Explaining matters to permit informed decisions
   • Clients with diminished capacity (Rule 1.14)
     • Maintaining a normal relationship as far as possible
     • Protective action and disclosure of necessary information
   • Informed consent as a recurring requirement
     • Adequate information and explanation of risks and alternatives
     • Confirmed-in-writing and writing requirements
4. 4

   Terminating the Relationship

   3 topics

   • Mandatory withdrawal (Rule 1.16)
     • Representation resulting in a rule or law violation
     • Physical or mental condition materially impairing representation
     • Discharge by the client
   • Permissive withdrawal
     • Withdrawal without material adverse effect
     • Client persisting in crime or fraud or repugnant objectives
     • Failure to fulfill obligations and unreasonable financial burden
   • Duties upon termination
     • Court permission and continuing duties in litigation
     • Returning papers, property, and unearned fees
     • Protecting the client's interests on withdrawal

The Client-Lawyer Relationship flashcards for Multistate Professional Responsibility Examination (MPRE)

22 of 50 cards from the The Client-Lawyer Relationship deck — real questions with worked answers.

1. What two elements generally establish a lawyer-client relationship?

   A relationship forms when (1) a person manifests intent that the lawyer provide legal services and the lawyer agrees (or fails to clearly decline), or (2) the lawyer fails to manifest a lack of consent and knows or should know the person reasonably relies on the lawyer to provide services. No formal contract or fee is required.

2. Can a lawyer-client relationship arise without a signed fee agreement or payment of fees?

   Yes. The relationship can be implied from conduct; it can form when a prospective client reasonably relies on the lawyer's apparent agreement to render legal services, even with no written contract and no fee paid.

3. Under Rule 1.2(a), who decides the OBJECTIVES of the representation, and who decides the MEANS?

   The client decides the objectives (the goals) and must be consulted on the means; the lawyer generally decides the means/tactics used to pursue those objectives, after consultation with the client.

4. Under Rule 1.2(a), which specific decisions in a CRIMINAL case must be made by the client personally?

   After consultation, the client decides: (1) what plea to enter, (2) whether to waive a jury trial, and (3) whether the client will testify.

5. Under Rule 1.2(a), which decisions in a CIVIL case are reserved to the client?

   The client decides whether to settle the matter (and accept or reject a settlement offer).

6. Does a lawyer's representation of a client constitute an endorsement of the client's political, economic, social, or moral views? (Rule 1.2(b))

   No. Representing a client does not constitute an endorsement of the client's views or activities.

7. May a lawyer limit the scope of representation under Rule 1.2(c)?

   Yes, if (1) the limitation is reasonable under the circumstances, and (2) the client gives informed consent. This permits 'unbundled' or limited-scope legal services.

8. Under Rule 1.2(d), what assistance regarding crime or fraud is a lawyer prohibited from providing?

   A lawyer must not counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent.

9. Under Rule 1.2(d), what may a lawyer still do even though counseling/assisting crime or fraud is prohibited?

   A lawyer may (1) discuss the legal consequences of any proposed course of conduct, and (2) counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning, or application of the law.

10. If a client used the lawyer's past services to perpetrate a crime or fraud, what must the lawyer not do?

    The lawyer must not continue assisting and may be required to withdraw; the lawyer cannot allow the lawyer's services to be used to further the crime/fraud and may have to give notice withdrawing prior opinions or documents (a 'noisy withdrawal').

11. What are the four components of competence under Rule 1.1?

    Competence requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

12. Can a lawyer take on a matter in an unfamiliar field and still be competent? (Rule 1.1)

    Yes. A lawyer can achieve competence through necessary study/preparation, or by associating with a lawyer of established competence in the field (with client consent where required).

13. Under Rule 1.1, what does the duty of competence require regarding technology?

    To maintain competence, a lawyer must keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology (e.g., cybersecurity, e-discovery).

14. In an emergency, may a lawyer give advice in a field where the lawyer lacks the skill ordinarily required? (Rule 1.1)

    Yes, but only to the extent reasonably necessary to protect the person where referral to or consultation with another lawyer is impractical; assistance should be limited to that needed under the circumstances.

15. What does Rule 1.3 (diligence) require of a lawyer?

    A lawyer must act with reasonable diligence and promptness in representing a client—pursuing matters despite opposition or inconvenience, and controlling workload so matters are handled competently.

16. Does Rule 1.3 require a lawyer to press every advantage or use offensive tactics?

    No. A lawyer must act with commitment and dedication but is not bound to press for every advantage; the lawyer has professional discretion in determining the means and may treat others with courtesy.

17. What is widely regarded as the most common cause of disciplinary complaints, tied to Rule 1.3?

    Procrastination/neglect—failure to act promptly, missing deadlines, and failing to carry matters through to conclusion. Even a single act of neglect can violate Rule 1.3.

18. Under Rule 1.3, what should a sole practitioner do to protect clients in case of the lawyer's death or disability?

    Prepare a plan that designates another competent lawyer to review files, notify clients, and determine whether protective action is needed.

19. What four elements must a plaintiff prove in a legal malpractice (negligence) claim?

    (1) Duty (an attorney-client relationship), (2) breach of the standard of care, (3) causation (the breach caused harm), and (4) damages. In litigation malpractice this often requires proving a 'case within a case'—that the client would have won but for the lawyer's negligence.

20. Does violating a Rule of Professional Conduct automatically create civil liability for malpractice?

    No. The Rules' Scope provides that a violation does not itself give rise to a cause of action or create a presumption of breach, though it may be relevant evidence of the applicable standard of care.

21. Besides negligence, name common non-disciplinary bases for civil liability arising from the client-lawyer relationship.

    Breach of fiduciary duty, breach of contract, and fraud. A lawyer may also face fee forfeiture for serious breaches of duty.

22. May a lawyer prospectively limit malpractice liability to a client? (Rule 1.8(h))

    Only if the client is independently represented in making the agreement. A lawyer must not settle a malpractice claim with an unrepresented/former client unless that person is advised in writing that independent counsel is desirable and given a chance to seek it.

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