MPRE Flash Cards (Part I)
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The MPRE uses some Key Phrases in the way they ask questions that should determine the way you respond.
"subject to discipline"
whether the conduct descibed in the question would subject the lawyer or judge to discipline under the Rules.
Discipline can range from private to public censure for less serious offenses to suspension and permanent disbarment for the most serious offenses or a patter of less serious offenses.
"May" or "Proper"
indicate potentially professionally appropriate behavoir (not subject to discipline)
"subject to litigation sanction"
subject the lawyer or law firm to sanctions such as contempt, fines, fee forfeiture, disqualification, or other sanctions by a legal tribunal.
"Subject to Didqualification"
whether it would subject the lawyer or law firm to disqualification as counsel in a civil or criminal matter
"Subject to Civil Liability"
whether would subject the lawyer or law firm to civil liability, such as a claim arising from malpractice, misrepresentation, or breach of fiduciary duty.
"Subject to Criminal Liability"
whether would subject lawyer to criminal liability for participation in or aiding and abetting criminal acts, such as prosecution for insurance or tax fraud, destruction of evidence, or obstruction of justice.
"Bar", "State Bar", or "Appropriate Disciplinary Authority"
appropriate agency in the jurisdiction with the authority to administer the standards for admission to practice and for maintenance of professional competence and integrity.
so certified by the appropriate agency in the jurisdiction in which the lawyer practices.
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