Upon withdrawal, a lawyer generally possesses a duty to promptly provide files for continued representation and to return the balance of any unearned retainer.
The Multistate Professional Responsibility Examination (MPRE) is right around the corner. Although there are several hundred legal rules which may be tested on the MPRE, some rules tend to be tested more frequently. In this post, we’ll identify and discuss five of the most commonly tested rules.
A lawyer cannot enter into an arrangement for, charge, or collect: a contingent fee for representing a defendant in criminal case; or. any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.
A lawyer has a duty to act competently with regard to legal representation. A lawyer must apply the diligence; learning and skill; and mental, emotional, and physical ability reasonably necessary for the performance of the legal service requested. The obligation includes the obligation to maintain that competence.
giving reasonable notice to the client , allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and. refunding any advance payment of a fee that has not been earned or incurred.
A contingent fee agreement must be in writing and signed by the client and must state the method by which the fee is to be determined, including: the percentage or percentages that will accrue to the lawyer in the event of settlement, trial, or appeal; litigation and other expenses to be deducted from the recovery, and.
A lawyer cannot enter into an arrangement for, charge, or collect: any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.
Optional Withdrawal.  A lawyer may withdraw from representation in some circumstances. The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, ...
 A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.
The lawyer may retain papers as security for a fee only to the extent permitted by law. See Rule 1.15.
 A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. Ordinarily, a representation in a matter is completed when the agreed-upon assistance has been concluded. See Rules 1.2 (c) and 6.5.
The purpose of the MPRE is to measure candidates' knowledge and understanding of established standards related to the professional conduct of lawyers. The MPRE is not a test to determine an individual’s personal ethical values.
MPRE Test Date. The MPRE is owned by NCBE and is a secure exam protected by U.S. copyright laws. NCBE strictly prohibits copying, reproducing, or disclosing any MPRE questions or answers, whether via electronic, telephonic, written, oral, or other means, to any party or to any public forum during or after the exam.
The MPRE is a 60 question, multiple-choice exam. Exam takers must complete the test within two hours.
I hope this MPRE article helped with your decision on when to begin studying for the MPRE. The MPRE is an important milestone in a law student’s journey, with some preparation and hard work you can get over this hurdle with ease!