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MPRE

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A practice question

Choose an answer and it is marked, with the explanation. From MPRE Practice Questions: 10 Rule-Based Scenarios.

Question 11 mark

A prospective client consults Lawyer about bringing a professional-negligence claim against Doctor. The consultation ends when the prospective client decides not to retain Lawyer. During the consultation, the prospective client discloses confidential facts that would be significantly harmful if revealed. Doctor later asks Lawyer to defend him in the same matter. What is the best answer?

Option C is best. Under Model Rule 1.18, a lawyer who has had discussions with a prospective client must not represent a person with materially adverse interests in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful. The strongest distractor is A: the duty can arise even though the consultation did not lead to a retainer. The Rule includes limited consent and screening exceptions, but they require their stated conditions.

This practice question tests the Model Rule on duties to a prospective client.
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