Attorney X is admitted to practice in Jurisdictions A and B
Bigamy is legal in Jurisdiction A but illegal in Jurisdiction B; if Attorney X
marries twice in Jurisdiction A; he is subject to discipline:
a. In Jurisdiction A
b. In Jurisdiction B
c. In Jurisdictions A and B
d. In neither
What is the correct answer
I chose D because bigamy does not show dishonesty, it is too personal to show if X is suitable for practicing law.
Category: MPRE
MRPC Rule 8.4:
It is professional misconduct for a lawyer to:
a) violate or attempt to violate the Rules of Professional Conduct,
knowingly assist or induce another to do so, or do so through the acts
of another;
b) commit a criminal act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects;
c) engage in conduct involving dishonesty, fraud, deceit or
misrepresentation;
i think it's an act that reflects adversely on the lawyer's honesty, so Jurisdiction A has the jurisdiction to discipline the attorney. It doesn't matter where the fraud was committed.
The answer is A
On the real MPRE, most likely these answers will be supported with an explanation right? Like In Jurisdiction A because bigamy is a fraudulent act, or
In neither because bigamy is not fraudulent in nature and is too personal to show that Attorney A is not suitable to be an attorney.
Answer is D. Attorney X did nothing illegal or dishonest. Jurisdiction B will give full faith and credit to the Attorney's marriges in compliance with the laws of Jurisdiction A. No portion of the ABA Rules of Professional Conduct were violated.
Yeah agreed - it's D. In any event, if dishonest and a breah of the Rules it would be both jurisdictions, not just State A.
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