MBE Question of the Day
With results from the February 2023 bar exam just starting to be released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!
MBE Question of the Day
A plaintiff sued his attorney for legal malpractice. The plaintiff had suffered medical malpractice at the hands of a doctor
and had hired the attorney to represent him. The attorney sent a letter to the doctor seeking money damages, but did not initiate an action
within the applicable statute of limitations. During trial, the attorney attempted to testify that the plaintiff said that he sought money
damages, but because of an old conviction for theft that he feared would come out during the trial, the plaintiff did not want the attorney to
actually to institute a lawsuit.
and had hired the attorney to represent him. The attorney sent a letter to the doctor seeking money damages, but did not initiate an action
within the applicable statute of limitations. During trial, the attorney attempted to testify that the plaintiff said that he sought money
damages, but because of an old conviction for theft that he feared would come out during the trial, the plaintiff did not want the attorney to
actually to institute a lawsuit.
The attorney’s testimony most likely will be:
(A) Permitted, to impeach the plaintiff by showing a prior conviction.
(B) Permitted, to show the reasonableness of the attorney’s conduct.
(C) Not permitted, because it is a confidential attorney-client communication.
(D) Not permitted, because it is substantially more prejudicial than probative.
Answer to be posted tomorrow…..