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6. “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.
7. 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 prac-
tice 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.
Subject Matter Outline
The following subject matter outline indicates the 2012 MPRE’s scope of coverage and the approximate per-
centage of items that are included in each major area. The outline is not intended to list every aspect of a
topic mentioned. Although the test items for each MPRE are developed from these categories, each topic is
not necessarily tested on each examination.
I. Regulation of the legal profession (6–12%) III. Client Confidentiality (6–12%)
A. Powers of courts and other bodies to A. Attorney-client privilege
regulate lawyers B. Work product doctrine
B. Admission to the profession C. Professional obligation of confidentiality—
C. Regulation after admission—lawyer general rule
discipline D. Disclosures expressly or impliedly autho-
D. Mandatory and permissive reporting of rized by client
professional misconduct E. Other exceptions to the confidentiality rule
E. Unauthorized practice of law—by lawyers IV. Conflicts of interest (12–18%)
and nonlawyers A. Current client conflicts—multiple clients
F. Multijurisdictional practice and joint representation
G. Fee division with a nonlawyer B. Current client conflicts—lawyer’s personal
H. Law firm and other forms of practice interest or duties
I. Responsibilities of partners, managers, C. Former client conflicts
supervisory and subordinate lawyers D. Prospective client conflicts
J. Restrictions on right to practice E. Imputed conflicts
II. The client-lawyer relationship (10–16%) F. Acquiring an interest in litigation
A. Formation of client-lawyer relationship G. Business transactions with clients
B. Scope, objective, and means of the H. Third party compensation and influence
representation I. Lawyers currently or formerly in govern-
C. Decision-making authority—actual and ment service
apparent J. Former judge, arbitrator, mediator, or
D. Counsel and assistance within the bounds other third-party neutral
of the law V. Competence, legal malpractice, and other civil
E. Termination of the client-lawyer liability (6–12%)
relationship A. Maintaining competence
F. Client-lawyer contracts B. Competence necessary to undertake
G. Communications with the client representation
H. Fees C. Exercising diligence and care
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D. Civil liability to client, including C. Safekeeping funds and other property of
malpractice third persons
E. Civil liability to nonclients D. Disputed claims
F. Limiting liability for malpractice X. Communications about legal services
G. Malpractice insurance and risk prevention (4–10%)
VI. Litigation and other forms of advocacy A. Advertising and other public communica-
(10–16%) tions about legal services
A. Meritorious claims and contentions B. Solicitation—direct contact with prospec-
B. Expediting litigation tive clients
C. Candor to the tribunal C. Group legal services
D. Fairness to opposing party and counsel D. Referrals
E. Impartiality and decorum of the tribunal E. Communications regarding fields of prac-
F. Trial publicity tice and specialization
G. Lawyer as witness XI. Lawyers’ duties to the public and the legal
VII. Transactions and communications with system (2–4%)
persons other than clients (2–8%) A. Voluntary pro bono service
A. Truthfulness in statements to others B. Accepting appointments
B. Communications with represented C. Serving in legal services organizations
persons D. Law reform activities affecting client
C. Communications with unrepresented interests
persons E. Criticism of judges and adjudicating
D. Respect for rights of third persons officials
F. Political contributions to obtain engage-
VIII. Different roles of the lawyer (4–10%)
ments or appointments
A. Lawyer as advisor
G. Improper influence on government
B. Lawyer as evaluator
officials
C. Lawyer as negotiator
H. Assisting judicial misconduct
D. Lawyer as arbitrator, mediator, or other
third-party neutral XII. Judicial conduct (2–8%)
E. Prosecutors and other government A. Maintaining the independence and impar-
lawyers tiality of the judiciary
F. Lawyer appearing in nonadjudicative B. Performing the duties of judicial office
proceeding impartially, competently, and diligently
G. Lawyer representing an entity or other C. Ex parte communications
organization D. Disqualification
IX. Safekeeping funds and other property E. Extrajudicial activities
(2–8%)
A. Establishing and maintaining client trust
accounts
B. Safekeeping funds and other property of
clients