Hey everyone
Thought I'd do one or two random MPRE tricks every other day leading up to the test - maybe one or two of them will help you
So let's get ethical
Rule 4.1 comment 1 is a hot issue they like to test
Particularly the part about "partially true but misleading statements."
Imagine if you are the lawyer for a Cruise ship.
Someone gets hurt on one of your cruises by having an automatic door slam into their head
You know the cruise ship company has two policies: one for $250,000 and an umbrella policy for $3,000,000You suspect the injured man will settle for the policy limits
The lawyer for the injured man asks "Does the Cruise Line have insurance for these types of accidents?"
You respond "Yes, they have insurance for $250,000." You do not mention the umbrella policy of $3,000,000.
You settle the case for $250,000
Is your conduct proper?
No. Remember, the comment does not allow "partially true but misleading statements or omissions."
This is PARTIALLY true... but still misleading.
Alright good work - let's talk about the rules surrounding when an attorney fucks up someone's case and then asks their client to settle the claim (or potential claim) against them
A lawyer shall NOT:
Mnemonic to remember on the MPRE:
(W)aterfall (D)ouble (R)ainbow
A lawyer can't settle a claim with an unrepresented client or former client UNLESS the client is advised in (W)riting about the (D)esirability of seeking independent counsel and is given a (R)easonable opportunity to seek the advice of that counsel.
Let's say I take on your personal injury case.
But I forget to file it on time and blow the statute of limitations.
Uh-oh.
You were probably going to get about $20,000 if you won... so I agree to settle with you for $20,000 to avoid a potential malpractice lawsuit.
What should I do next?
Waterfall Double fucking Rainbow.
Write to the client
Tell them about the desirability of retaining independent counsel in relation to this settlement
Then give them a Reasonable amount of time to think about getting that counsel
Anyway, I'll try to do two of these little tips every other day.
Hopefully it will help some of you pick up an extra point
You got this my Goats - don't sleep on this MPRE - 25% of people fail it and that will NOT be you
- Goat
