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8 Cards in this Set

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MPRE Question Stems: “Subject to Discipline”

Asks whether the conduct described would subject the lawyer to discipline under the Rules, or a Judge, under the Code of Judicial Conduct

Lawyer's or judge's conduct discipline relates to which rules?

MPRE Question Stems: “May” or “Proper”

Asks whether the conduct is professionally appropriate in that it: 1) would not subject the lawyer or judge to discipline; 2) is not inconsistent with Rule or Code of Judicial Conduct; and 3) is not inconsistent with generally accepted principles of lawyering

Outcome of lawyer's or judge's conduct is professionally appropriate under 3 conditions:

MPRE Question Stems:”Subject to Litigation Sanction”

Asks whether the conduct would subject the lawyer or his/her firm to sanction by a tribunal such as 1) a fine, 2) fee forfeiture, 3) disqualification, 4) contempt, or 5) other sanction

5 types of tribunal-applied sanctions are:

MPRE Question Stems: “Subject to Disqualification”

Asks whether the conduct would subject the lawyer or firm to disqualification a civil or criminal matter

MPRE Question Stems: “Subject to Civil Liability”
Asks whether the conduct would subject the lawyer or firm to claims such as those arising from malpractice, misrepresentation, or breach of fiduciary duty
MPRE Question Stems: “Subject to Criminal Liability”
Asks whether the conduct would subject the lawyer to criminal liability for participation in or for aiding and abetting criminal acts, such as prosecution for insurance or tax fraud, destruction of evidence, or obstruction of justice
MPRE Question Stems: SHALL
always a mandatory directive when referring tot he Model Rules of Professional Conduct and the Model Code of Judicial Conduct.
MPRE Question Stems: SHOULD
advisable to be familiar with how “should” was previously tested. Use of “should” asked whether the conduct referred to or described in the question at least conforms to the level of conduct expected of lawyers as established by the Rules. It referred to all three types of provisions - mandatory, permissive, and inspirational. If a particular behavior is called for anywhere in the Rules, a lawyer “should” engage in that behavior