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Multistate Professional Responsibility Examination (MPRE) Advocacy, Litigation, and Dealings with Third Parties Flashcards
52 question-and-answer cards covering Advocacy, Litigation, and Dealings with Third Parties as it is examined in Multistate Professional Responsibility Examination (MPRE). 24 of them are printed below, taken from across the deck — no signup, no paywall on the preview.
24 sample cards from the Advocacy, Litigation, and Dealings with Third Parties deck
Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.
Under Rule 3.5(c), what are the limits on communicating with a juror AFTER discharge of the jury?
A lawyer must not communicate with a discharged juror if (1) communication is prohibited by law or court order, (2) the juror has made known a desire not to communicate, or (3) the communication involves misrepresentation, coercion, duress, or harassment.
Under Rule 3.5(d), what conduct toward the tribunal is prohibited?
A lawyer must not engage in conduct intended to disrupt a tribunal.
Under Rule 3.6(a), what is the general standard limiting trial publicity?
A lawyer participating in a matter must not make an extrajudicial statement the lawyer knows or reasonably should know will be publicly disseminated and have a substantial likelihood of materially prejudicing an adjudicative proceeding.
List several statements a lawyer MAY safely make under the Rule 3.6(b) 'safe harbor.'
The claim/offense/defense involved and identity of persons (except where prohibited); information in a public record; that an investigation is in progress; scheduling or result of any step in litigation; a request for assistance in obtaining evidence; and a warning of danger when there is reason to believe a person is likely to be endangered.
What is the Rule 3.6(c) 'right of reply' provision?
A lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the client; the statement must be limited to such information as is necessary to mitigate the adverse publicity.
Does Rule 3.6 apply to lawyers in the same firm or government agency as the lawyer handling the case?
Yes. Under Rule 3.6(d), no lawyer associated in a firm or government agency with a lawyer subject to 3.6(a) may make a prohibited statement.
Under Rule 3.7(a), the 'lawyer as witness' rule, what is the general prohibition?
A lawyer must not act as advocate at a trial in which the lawyer is likely to be a necessary witness.
What are the three exceptions to the lawyer-as-witness rule under Rule 3.7(a)?
(1) The testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification would work a substantial hardship on the client.
Under Rule 3.7(b), may a lawyer act as advocate when another lawyer in the firm is likely to be a witness?
Yes. A lawyer may act as advocate even though a firm member is likely to be called as a witness, unless precluded by the conflict-of-interest rules (Rule 1.7 or 1.9).
Why does the lawyer-as-witness rule exist (its rationale)?
To avoid jury confusion over the dual role of advocate and witness, prevent prejudice to the opposing party, and avoid the appearance that the advocate is distorting the truth or compromising the client's interests.
List the special responsibilities of a prosecutor under Rule 3.8(a) and (b).
(a) Refrain from prosecuting a charge the prosecutor knows is not supported by probable cause; (b) make reasonable efforts to assure the accused has been advised of the right to, and procedure for obtaining, counsel and given a reasonable opportunity to obtain counsel.
Under Rule 3.8(c), what must a prosecutor not do regarding an unrepresented accused's rights?
The prosecutor must not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing.
What is the prosecutor's disclosure duty under Rule 3.8(d) (the 'Brady'-type rule)?
The prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in sentencing, disclose unprivileged mitigating information.
Under Rule 3.8(e), when may a prosecutor subpoena a lawyer to present evidence about a past or present client?
Only if the prosecutor reasonably believes the information is not privileged, the evidence is essential to the investigation/prosecution, and there is no other feasible alternative to obtain it.
Under Rule 3.8(f), what limits apply to a prosecutor's extrajudicial statements?
A prosecutor must refrain from making extrajudicial comments with a substantial likelihood of heightening public condemnation of the accused and must take reasonable care to prevent investigators, police, and others assisting from making such statements.
Under Rule 3.8(g)-(h), what must a prosecutor do upon learning of new, credible evidence that a convicted defendant may be innocent?
Disclose the evidence to the appropriate court/authority and, if the conviction was in the prosecutor's jurisdiction, notify the defendant and investigate; and (h) if clear and convincing evidence shows the defendant was wrongly convicted, seek to remedy the conviction.
Under Rule 4.1(a), what is a lawyer prohibited from doing in dealings with others?
In the course of representing a client, a lawyer must not knowingly make a false statement of material fact or law to a third person.
Under Rule 4.1(b), when must a lawyer disclose a material fact to a third person?
When disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6 (confidentiality).
Under Rule 4.1, are 'estimates of price or value' and a 'party's intentions as to settlement' considered statements of material fact?
No. Under generally accepted negotiation conventions, certain statements—such as estimates of price/value placed on a transaction and a party's intentions about acceptable settlement—are not ordinarily taken as statements of material fact (i.e., permissible 'puffery').
State the general no-contact rule of Rule 4.2.
In representing a client, a lawyer must not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of that person's lawyer or is authorized by law or court order.
Under Rule 4.2, when a represented person is an organization, which constituents are off-limits for contact?
Those who supervise, direct, or regularly consult with the organization's lawyer about the matter; those with authority to obligate the organization regarding the matter; and those whose act or omission may be imputed to the organization for liability purposes.
Under Rule 4.3, what must a lawyer do when dealing with an unrepresented person who misunderstands the lawyer's role?
The lawyer must not state or imply that the lawyer is disinterested; when the lawyer knows or reasonably should know the person misunderstands the lawyer's role, the lawyer must make reasonable efforts to correct the misunderstanding, and must not give legal advice (other than to secure counsel) if the person's interests conflict with the client's.
Under Rule 4.4(a), what limits apply to using means that have no substantial purpose other than to burden a third person?
A lawyer must not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
Under Rule 4.4(b), what must a lawyer do upon receiving a document or electronically stored information that was inadvertently sent?
A lawyer who knows or reasonably should know the document/ESI was inadvertently sent must promptly notify the sender.
What this deck covers
The Advocacy, Litigation, and Dealings with Third Parties deck follows the Multistate Professional Responsibility Examination (MPRE) Advocacy, Litigation, and Dealings with Third Parties syllabus — 4 chapters and 13 topics — so questions land on material that is genuinely examinable rather than trivia around it. That works out to roughly 13.0 cards per chapter.
Answers are written to be recallable, not just readable — averaging about 216 characters, which is long enough to carry the reasoning and short enough to say out loud.
A deck like this earns its keep on the second and third pass. Read the syllabus first so you know the shape of the subject, then use the cards to find the specific facts that have not stuck.
Advocacy, Litigation, and Dealings with Third Parties flashcards FAQ
How many Advocacy, Litigation, and Dealings with Third Parties flashcards are in this Multistate Professional Responsibility Examination (MPRE) deck?
52 cards. This page previews 24 of them, sampled evenly across the deck so you can judge the difficulty before installing anything.
Are these Multistate Professional Responsibility Examination (MPRE) flashcards free?
Yes. The preview here is free to read with no signup, and the full 52-card deck is free inside the Examius app.
What do the Advocacy, Litigation, and Dealings with Third Parties cards cover?
They follow the Multistate Professional Responsibility Examination (MPRE) Advocacy, Litigation, and Dealings with Third Parties syllabus — 4 chapters and 13 topics — so the questions track what is actually examinable.
How should I use these flashcards?
Read the syllabus first so you know the shape of the subject, then drill the deck. Examius schedules each card with spaced repetition, so cards you keep missing come back sooner and ones you know drift further apart.