MPRE Subject Matter Outline

The following subject matter outline indicates the examination's scope of coverage and the approximate percentage of items that are included in each major area. The outline is not intended to list every aspect of a topic mentioned. Although the test items for each MPRE are developed from these categories, each topic is not necessarily tested on each examination.

1. Regulation of the Legal Profession (8-12%)
   1. Inherent Powers of Courts to Regulate Lawyers
   2. Admission to the Profession
   3. Regulation after Admission
   4. Maintaining Professional Standards--Peer Responsibility
   5. Unauthorized Practice of Law
      
   6. Fee Division with a Non-Lawyer
   7. Law Firm and Other Forms of Practice
      
   8. Contractual Restrictions on Practice
2. The Client-Lawyer Relationship (10-14%)
   1. Acceptance or Rejection of Clients
   2. Scope, Objective, and Means of the Representation
   3. Within the Bounds of the Law
   4. Withdrawal
   5. Client-Lawyer Contracts
   6. Fees
3. Privilege and Confidentiality (6-10%)
   1. Lawyer-Client Privilege and the Work Product Doctrine
      
   2. Professional Obligation of Confidentiality
   3. Client-Authorized Disclosure
   4. Exceptions to Confidentiality
      
   5. Special Problems
4. Independent Professional Judgment--Conflicts of Interest (12-16%)
   1. As Affected by Lawyer's Personal Interest
   2. Lawyer as Witness
   3. Acquiring an Interest in Litigation
   4. Entering into Business Transactions with Client
   5. Conflicting Interests--Prospective Clients, Current Clients and Former Clients
   6. Influence by Persons Other than Client
   7. Imputed Disqualification
      
   8. Lawyer's Service as Arbitrator, Mediator, or Judge
5. Competence, Legal Malpractice, and Other Civil Liability (8-12%)
   1. Civil Liability, Including Malpractice
   2. Maintaining Competence
   3. Acceptance of Employment
   4. Exercise of Diligence and Care
   5. Limiting Liability for Malpractice
6. Litigation and Other Forms of Advocacy (12-16%)
   1. Authority to Act for Client
      
   2. Civility, Courtesy, and Decorum
   3. Conduct in the Course of Litigation--Claims, Defenses, Testimony, and Evidence
   4. Client Fraud and Perjury by a Client or Witness
      
   5. Communications in Course of Representation
7. Different Roles of the Lawyer (4-8%)
   1. Lawyer as Advisor
   2. Lawyer as Evaluator
   3. Lawyer as Negotiator
   4. Lawyer as Arbitrator, Mediator, or Other Third-Party Neutral
   5. Special Obligations of the Lawyer in Public Service
   6. Appearances before Legislative Bodies
8. Safekeeping Property and Funds of Clients and Others (4-8%)
   1. Lawyer as Trustee of Funds of Client or Third Persons
      
   2. Lawyer as Custodian of Property of Client or Third Persons
      
   3. Disputed Claims
9. Communication About Legal Services (6-10%)
   1. Public Communications about Services
   2. Referrals
   3. Group Legal Services
   4. Direct Contact With Prospective Clients (Solicitation)
   5. Fields of Practice--Limitations of Practice and Specialization
10. Lawyers and the Legal System (2-6%)
    1. Lawyer Activity in Improving the Legal System
    2. Impropriety Incident to Public Service
11. Judicial Ethics (6-10%)
    1. Duty to Uphold the Integrity and Independence of the Judiciary
    2. Duty to Avoid Impropriety and the Appearance of Impropriety
    3. Duties of Impartiality and Diligence
    4. Activities to Improve the Legal System
    5. Extra-Judicial Activities
    6. Political Activity of Judges
    7. Candidate for Judicial Office