LEGAL TERMINOLOGY LIST: MPRE

The Multistate Professional Responsibility Exam (MPRE), which is a standardized exam created by the
National Conference of Bar Examiners (NCBE), may contain the following terms and phrases. The two
main sources of legal principles are contained in the Model Rules (i.e., Model Rules of Professional Conduct
promulgated by the American Bar Association (ABA)) and the CJC (Code of Judicial Conduct, also
promulgated by the ABA.

KEY WORDS AND PHRASES USED ON THE MPRE

As used on the MPRE, the following terms and phrases have specific definitions.

Bar, State Bar, or the appropriate agency in the jurisdiction with the authority to administer the
Appropriate standards for admission to practice law and for maintenance of professional
Disciplinary competence and integrity
Authority

Certified Specialist a lawyer who has been recognized as proficient in a particular area of law by
the appropriate agency in the jurisdiction in which the lawyer practices

May or Proper conduct that is professionally appropriate (i.e., conduct that is not subject to
discipline, not inconsistent with the preamble, comments, or text of the Model
Rules or CJC, and not inconsistent with generally accepted principles of the law
of lawyering)

Subject to Civil conduct that would subject the lawyer or the lawyer’s law firm to civil liability,
Liability such as a claim arising from malpractice, misrepresentation, or breach of
fiduciary duty

Subject to Criminal conduct that would subject the lawyer to criminal liability for participation in or
Liability aiding and abetting criminal acts, such as insurance or tax fraud, destruction of
evidence, or obstruction of justice

Subject to conduct that would subject the lawyer to discipline under the Model Rules or a
Discipline judge to discipline under the CJC

Subject to conduct that would subject the lawyer or the lawyer’s law firm to disqualification
Disqualification as counsel in a civil or criminal matter

Subject to conduct that would subject the lawyer or the lawyer’s law firm to a fine, fee
Litigation Sanction forfeiture, disqualification, punishment for contempt, or other sanction by a legal
tribunal
 KEY WORDS AND PHRASES USED IN MODEL RULES

As used in the Model Rules and the CJC, the following terms and phrases have specific definitions.

Appointment by a an appointment to a position such as referee, commissioner, special master,

Judge receiver, guardian, or other similar position that is made by a judge; excluded—
substantially uncompensated services; engagements or appointments made on
the basis of experience, expertise, professional qualifications and cost following
a request for proposal or other process that is free from influence based upon
political contributions; and engagements or appointments made on a rotational
basis from a list compiled without regard to political contributions

Belief a supposition by a person that a fact in question is true; subjective in nature,

but may be inferred from the circumstances; contrast with “knowledge”

Confirmed in a writing that acknowledges the client’s informed consent; need not be a
Writing document signed by client, but can be prepared by the lawyer after consent is
given

Economic Interest ownership of more than a de minimis legal or equitable interest

Fraud conduct that is fraudulent under the substantive or procedural law of the
applicable jurisdiction and has a purpose to deceive; fraud does not include
negligent misrepresentation; for disciplinary purposes, it is not necessary that
anyone relied upon or suffered damages from the misrepresentation

Government Legal any engagement to provide legal services that a public official has the direct or
Engagement indirect power to award; excluded—substantially uncompensated services;
engagements or appointments made on the basis of experience, expertise,
professional qualifications and cost following a request for proposal or other
process that is free from influence based upon political contributions; and
engagements or appointments made on a rotational basis from a list compiled
without regard to political contributions

Informed Consent consent given after communication of adequate information about the material
risks of the proposed course of conduct, as well as reasonably available
alternatives; a lawyer is not required to inform a person of facts or implications
already known to the person, and can take into account the person’s legal
knowledge and representation by another lawyer; informed consent generally
cannot be assumed from a person’s silence, but may be inferred from a person’s
conduct

Knowledge actual knowledge of the fact in question; subjective in nature, but may be
inferred from the circumstances; contrast with “belief”

2 | MPRE | Themis Bar Review | Legal Terminology

Law firm any association of lawyers authorized to practice law, including a partnership or
professional corporation as well as lawyers employed in a legal services
organization or the legal department of a corporation or other organization; a
lawyer practicing law as a sole proprietorship also falls within the definition of a
“law firm”

Partner a member of a partnership, a shareholder in a law firm organized as a

professional corporation, or a member of an association authorized to practice
law

Political any gift, subscription, loan, advance, or deposit of anything of value made
contribution directly or indirectly to a candidate, incumbent, political party or campaign
committee to influence or provide financial support for election to or retention
in judicial or other government office; excluded—uncompensated services and
political contributions in initiative and referendum elections

Reasonable conduct of a reasonably prudent and competent lawyer; an objective standard

Reasonable belief a lawyer is required to believe the matter in question (a subjective standard)
and the circumstances must be such that the belief is reasonable (an objective
standard)

Reasonably should a lawyer of reasonable prudence and competence would ascertain the matter in
know question; an objective standard

Screened isolation of a lawyer from any participation in a matter through the timely
imposition of procedures that are reasonably adequate under the circumstances
to protect information that the isolated lawyer is obligated to protect

Signed any means, including an electronic sound, symbol, or process that is attached
to or logically associated with the writing and is executed or adopted by a person
with the intent to sign the writing

Substantial a material matter of clear and weighty importance

Tribunal an entity that acts in an adjudicative capacity (court, arbitrator in a binding

arbitration proceeding, and sometimes legislative body or administrative
agency); an entity acts in an adjudicative capacity when a neutral official, after
the presentation of evidence or legal argument by a party or parties, reaches a
binding legal judgment that directly affects a party’s interest in a particular
matter

Writings any tangible or electronic record of a communication or representation (e.g.,

photograph, audio- or video recording, electronic communication)

Legal Terminology | Themis Bar Review | MPRE | 3

 KEY WORDS AND PHRASES USED IN OUTLINE

As used in the Themis MPRE outline, the following terms and phrases have specific definitions.

Advertising widely distributed public statements about the services available from a lawyer
or law firm

Candor honesty

Expedite to speed up a process

Frivolous lacking a good-faith argument on the merits of the action taken or lacking a
good-faith argument for an extension, modification, or reversal of existing law

Impropriety inappropriate behavior

Impute to assign a conflict of interest to all lawyers in a law firm based on the conflict
of interest of one lawyer in the law firm

Literary or media the legal rights to tell a story relating to the representation of a client through
rights the media (e.g., books, movies, interviews)

Matter any judicial or other proceeding, application, request for a ruling or other
determination, contract, claim, controversy, investigation, charge, accusation,
arrest or other particular matter involving a specific party or parties; also any
other matter covered by the conflict of interest rules of the appropriate
government agency

Pro bono publico (often shortened to “pro bono”) latin, “for the public good”; work done without
fee or expectation of fee to persons of limited means or charitable, religious,
civic, community, governmental, and educational organizations in matters that
are designed primarily to address the needs of persons of limited means

Pro hac vice latin, “for this turn only”; the permission given to a lawyer not admitted to
practice law in a jurisdiction to appear before a tribunal in that jurisdiction

Retainer money paid to a lawyer solely to ensure the availability of the lawyer

Sarbanes-Oxley a federal law that sets rules for publicly traded corporations on matters including
Act corporate governance and financial disclosures

Solicitation a targeted communication initiated by the lawyer that is directed to a specific

person and that offers to provide, or can reasonably be understood as offering
to provide, legal services

4 | MPRE | Themis Bar Review | Legal Terminology

Substantially matters involving the same transaction or legal dispute, or a substantial risk that
related confidential factual information as would normally have been obtained in the
prior representation would materially advance the client’s position in the
subsequent matter; not determined by the lawyer’s actual knowledge of
confidential information, but by whether a lawyer engaged in providing the
services provided by the lawyer ordinarily would have learned such information;
an objective test

Legal Terminology | Themis Bar Review | MPRE | 5