Litigation and Other Forms of Advocacy
Advocacy questions test meritorious claims, expediting litigation, candor, fairness, tribunal decorum, trial publicity, and lawyer-as-witness rules.
How to study for the MPRE
Treat each item as a professional responsibility priority problem: identify the lawyer's role, client status, duty, exception, consent issue, and best ethical action.
Core concepts
Concept 1
Advocacy duties balance zealous representation with truthfulness, fairness, and tribunal integrity.
Exam cue: If a tribunal is involved, check candor before client loyalty.
Concept 2
Candor to the tribunal can require correcting false statements or false evidence.
Exam cue: False evidence and perjury facts call for remedial measures.
Concept 3
Fairness rules regulate evidence, witnesses, discovery, obstruction, and opposing counsel.
Exam cue: Trial publicity facts ask whether statements create substantial prejudice.
Risk pitfalls and guardrails
Continuing to rely on evidence known to be false.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Obstructing access to evidence or coaching witnesses improperly.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Assuming client confidentiality always defeats tribunal candor duties.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Memory anchors
Meritorious Claim
A lawyer must have a nonfrivolous basis for claims and contentions.
Expediting Litigation
A lawyer should not delay litigation for improper purposes.
Candor
Candor requires truthfulness to the tribunal and correction of false statements.
False Evidence
False evidence known to the lawyer triggers remedial duties.
Fairness
Fairness to opposing party and counsel limits evidence obstruction and improper tactics.
Tribunal Decorum
Tribunal decorum protects impartial and orderly proceedings.
Trial Publicity
Trial publicity rules restrict statements likely to materially prejudice proceedings.
Lawyer Witness
Lawyer-witness rules limit advocacy when the lawyer is likely a necessary witness.
Discovery Duty
Discovery duties require lawful and fair response to discovery obligations.
Remedial Measures
Remedial measures address false evidence or misconduct affecting the tribunal.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A criminal defense lawyer knows the client committed the charged offense but the prosecution's admissible evidence may be insufficient. May the lawyer require the prosecution to prove every element?
A client asks a lawyer to request repeated continuances solely to make litigation too expensive for the opponent. What should the lawyer do?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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