This is a Question on "a tricky MPRE question - please support your answer with rules that apply"; Attorney X is admitted to practice in Jurisdictions A and B Bigamy is legal in Jurisdiction A but illegal in ...
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| New Join Date: Oct 2007
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![]() | a tricky MPRE question - please support your answer with rules that apply
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 |
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| New Join Date: Oct 2007
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![]() | Re: a tricky MPRE question - please support your answer with rules that apply
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 |
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| | #3 |
| New Join Date: Oct 2007
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![]() | Re: a tricky MPRE question - please support your answer with rules that apply
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. |
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| | #4 |
| New Join Date: Aug 2008
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![]() | Re: a tricky MPRE question - please support your answer with rules that apply
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.
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| | #5 |
| New Join Date: Mar 2008
Posts: 46
![]() | Re: a tricky MPRE question - please support your answer with rules that apply
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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