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The Use of Key Words and Phrases on the MPRE
Each question contained in the MPRE may include, among others, one of the following words or phrases:
- "Subject to discipline" asks whether the conduct described in the question would subject the lawyer to discipline under the provisions of the ABA Model Rules of Professional Conduct. In the case of a judge, the test question asks whether the judge would be subject to discipline under the ABA Model Code of Judicial Conduct.
- "May" or "proper" asks whether the conduct referred to or described in the question is professionally appropriate in that it
a. would not subject the lawyer or judge to discipline; and
b. is not inconsistent with the preamble, comments, or text of the ABA Model Rules of Professional Conduct or the ABA Model Code of Judicial Conduct; and
c. is not inconsistent with generally accepted principles of the law of lawyering. - "Subject to litigation sanction" asks whether the conduct described in the question would subject the lawyer or the lawyer’s law firm to sanction by a tribunal such as fine, fee forfeiture, disqualification, punishment for contempt, or other sanction.
- "Subject to disqualification" asks whether the conduct described in the question would subject the lawyer or the lawyer’s law firm to disqualification as counsel in a civil or criminal matter.
- "Subject to civil liability" asks whether the conduct described in the question would subject the lawyer or the lawyer’s law firm to civil liability, such as claims arising from malpractice, misrepresentation, or breach of fiduciary duty.
- "Subject to criminal liability" asks whether the conduct described in the question 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.
- When a question refers to discipline by the "bar," "state bar," or "state disciplinary authority," it refers to the appropriate agency in the jurisdiction with authority to administer the standards for admission to practice and for maintenance of professional competence and integrity. Whenever a lawyer is identified as a "certified specialist," that lawyer has been so certified by the appropriate agency in the jurisdiction in which the lawyer practices. The phrases "informed consent" and "consent after consultation" have the same meaning.
FAQs
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