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The materials present realistic fact patterns drawn from actual past MPRE questions and ask whether conduct is proper and whether an attorney is subject to discipline. Example scenarios cover conflicts and settlement restrictions on the right to practice, reasonableness and permitted terms of contingent fees and proprietary interests, and lawyer reporting and withdrawal duties involving harmful toxic waste and potential harm to the public. Answers include correct selections and rule-based reasoning.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/mpre-practice-questions-a-practice-in-analysis-explanations-written-by-lawtutors-questions-are-actual-past-mpre-questions/390821/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/mpre-practice-questions-a-practice-in-analysis-explanations-written-by-lawtutors-questions-are-actual-past-mpre-questions/390821.png","ImageObject",300,407,{"name":92,"@type":93},"supergirl","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-30","2026-09-25",true,{"@type":102,"interactionType":103,"userInteractionCount":52},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Why was the proposed divorce settlement offer improper for the wife’s attorney?","Question",{"text":112,"@type":113},"The settlement included a restriction on the attorney’s future right to practice, which is prohibited under Model Rule 5.6. The attorney’s belief about the wife’s best interest does not change the impermissible term.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Is an attorney subject to discipline for accepting a fee arrangement based on a percentage of royalties recovered?",{"text":117,"@type":113},"No, if the arrangement qualifies as a permissible contingent fee in a civil case. Model Rule 1.8(i) allows an interest in the subject matter when it results from a reasonable contingent fee in a civil matter.",{"name":119,"@type":110,"acceptedAnswer":120},"How should an attorney handle a situation involving toxic waste disposal that could harm the public?",{"text":121,"@type":113},"The materials indicate the attorney advised reporting to city authorities and, after the president declined, the attorney withdrew and reported immediately. The scenario tests whether the lawyer’s reporting and withdrawal conduct aligns with professional obligations to prevent harm.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},390821,1790452318,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":52,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},962088121634,"https://ap-avatar.wpscdn.com/davatar_9964176cb1d06d4a9deccf72a44ae3dc","MPRE PRACTICE QUESTIONS: A PRACTICE IN ANALYSIS   \nEXPLANATIONS WRITTEN BY LAWTUTORS  \nQUESTIONS ARE ACTUAL PAST MPRE QUESTIONS  \nQuestion \\# 1  \nAn attorney represented the wife in an acrimonious divorce proceeding involving issues of property division and child custody. After one day of trial, the husband, through his lawyer, made a settlement offer. The proposed settlement required that the wife’s attorney agree not to represent the wife in any subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The wife wanted to accept the offer, and her attorney reasonably believed that it was in the wife’s best interest to do so because the settlement offer was better than any potential award to the wife resulting from the case going to judgment. Consequently, the attorney recommended to the wife that she accept the offer.  \nWas it proper for the wife’s attorney to recommend that the wife accept the settlement offer?  \n(A) No, because the attorney did not obtain the wife’s informed consent to the conflict of interest created by the proposed settlement.  \n(A) Incorrect. The issue with the proposed settlement is not that it creates a conflict of interest (see Model Rule 1.7 detailing the situations creating a conflict of interest for current clients), but rather that it creates an impermissible restriction on the attorney’s future right to practice.  \n(B) No, because the proposed settlement restricted the attorney’s right to represent the wife in the future.  \n(B) Correct. Comment 2 to Model Rule 5.6 explicitly prohibits an attorney from making or offering an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy.  \n(C) Yes, because the restriction on the attorney was limited to subsequent proceedings in the same matter.  \n(C) Incorrect. Model Rule 5.6(b) and Comment 2 prohibit any restriction on an attorney’s right to practice, no matter how small.  \n(D) Yes, because the attorney reasonably believed that it was in the wife’s best interest to accept the proposed settlement.  \n(D) Incorrect. Whether the attorney reasonably believed accepting the settlement offer to be in his client’s best interest is irrelevant, the issue is the term contained in the settlement restricting the attorney’s right to practice.  \nQuestion \\# 2  \nAn experienced oil and gas developer asked an attorney to represent him in a suit to establish the developer’s ownership of certain oil and gas royalties. The developer did not have available the necessary funds to pay the attorney’s reasonable hourly rate for undertaking the case and proposed instead that, if he prevailed in the lawsuit, he would pay the attorney 20% of the first year’s royalties recovered in the suit. Twenty percent of the first year’s royalties would likely exceed the amount that the attorney would have received from charging his regular hourly rate. The attorney accepted the proposal.  \nIs the attorney subject to discipline?  \n(A) Yes, because the agreement gave the attorney a proprietary interest in the developer’s cause of action.  \nExplanations © LawTutors, LLC  \n(A) Incorrect. Model Rule 1.8(i) prohibits attorneys from acquiring proprietary interests in the subject of litigation, but carves out exceptions for reasonable contingent fees in civil cases and liens authorized by law. The reasonable contingent fee exception applies here (see answer (B) for discussion of reasonableness) .  \n(B) Yes, because the fee was likely to exceed the amount that the attorney would have received from charging his regular hourly rate.  \n(B) Incorrect. Model Rule 1.5 lists eight factors to be considered in determining reasonableness of a fee agreement. One of the factors is whether the fee agreement is fixed or contingent, but the proportion of the contingent fee to the attorney’s normal hourly fee is not one of the factors. Percentage caps on contingent fees may be fixed by local laws, but the question here ","cbCaildL0WeobOlD","https://ap.wps.com/l/cbCaildL0WeobOlD","pdf",768190,11,"English","# Question Set\n## Question 1: Divorce settlement restriction\n## Question 2: Contingent fee and proprietary interest\n## Question 3: Toxic waste reporting and withdrawal","[{\"question\":\"Why was the proposed divorce settlement offer improper for the wife’s attorney?\",\"answer\":\"The settlement included a restriction on the attorney’s future right to practice, which is prohibited under Model Rule 5.6. The attorney’s belief about the wife’s best interest does not change the impermissible term.\"},{\"question\":\"Is an attorney subject to discipline for accepting a fee arrangement based on a percentage of royalties recovered?\",\"answer\":\"No, if the arrangement qualifies as a permissible contingent fee in a civil case. Model Rule 1.8(i) allows an interest in the subject matter when it results from a reasonable contingent fee in a civil matter.\"},{\"question\":\"How should an attorney handle a situation involving toxic waste disposal that could harm the public?\",\"answer\":\"The materials indicate the attorney advised reporting to city authorities and, after the president declined, the attorney withdrew and reported immediately. The scenario tests whether the lawyer’s reporting and withdrawal conduct aligns with professional obligations to prevent harm.\"}]","MPRE Practice Questions - A Practice in Analysis - Explanations Written by LawTutors - Questions Are Actual Past MPRE Questions | PDF",1790341069,28]