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a tricky MPRE question - please support your answer with rules that apply

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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Old 01-28-2008   #1
coolcat
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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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Old 01-29-2008   #2
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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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Old 02-04-2008   #3
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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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