Competence and Diligence Flashcards
7 cards from real MPRE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Competence and Diligence flashcards as text
A client asks her attorney to pursue an appeal that the attorney believes is frivolous. The client insists. Under the duty of diligence and related rules, what should the attorney do?
Answer: Explain the assessment to the client and, if still directed to proceed, withdraw if the appeal is truly frivolous
While clients control objectives, a lawyer must advise the client candidly and may withdraw or is required to withdraw if pursuing a frivolous claim would violate Rule 3.1.
A lawyer in an estate planning practice begins using AI software to draft wills but does not review the AI output before sending documents to clients. Several wills contain errors. Which rule is most directly implicated?
Answer: Rule 1.1 — competence, including supervision of technology
Rule 1.1 Comment 8 requires lawyers to keep abreast of changes in law and technology, including the benefits and risks of relevant technology, and to supervise its use.
Under the Model Rules, a lawyer's duty of diligence is best described as requiring the lawyer to:
Answer: Pursue the client's matter with reasonable promptness and persistence
Rule 1.3 requires a lawyer to act with reasonable diligence and promptness, not guarantee outcomes or meet arbitrary response-time standards.
A client fires her attorney midway through litigation and hires new counsel. Under the diligence rule, what obligation does the departing attorney have?
Answer: Take reasonably practicable steps to protect the client's interests during transition, including delivering the file
Rule 1.16(d) requires that upon termination, a lawyer take steps reasonably practicable to protect the client's interests, including surrendering the client's papers and property.
What does the 'throughness' component of competence under Rule 1.1 primarily require of an attorney?
Answer: Adequate inquiry into the facts and law relevant to the representation
Thoroughness under Rule 1.1 means conducting adequate factual and legal inquiry so the attorney understands the matter before taking action.
A client instructs her attorney to settle a case quickly even though the attorney believes more discovery would yield a better settlement. Under the rules on competence and client autonomy, the attorney should:
Answer: Advise the client of the potential benefits of additional discovery, then follow the client's decision
The client controls the objectives of representation including settlement decisions; the lawyer's role is to advise, then defer to the informed client's choice.
An attorney who previously practiced family law begins accepting criminal defense cases without taking any additional training or associating with criminal law experts. The first client receives a longer sentence due to the attorney's failure to request a mandatory suppression hearing. What is most accurate?
Answer: The attorney violated Rule 1.1 by undertaking representation without the requisite legal knowledge and skill
Undertaking criminal defense without adequate preparation or association with competent counsel when lacking experience violates the competence requirement of Rule 1.1.