MPRE Confidentiality Practice Questions

Area III of NCBE’s MPRE outline · 6–12% of the exam, about 3 to 6 of the 50 scored questions

60 questions across all twelve areas in 2 hours, with a score for Confidentiality so you know where you stand.

Free Confidentiality drill
Free sample · Question 1 of 3Confidentiality

A corporation's general counsel interviews mid-level employees about possible bribery so that she can advise the company. A prosecutor later seeks her interview notes. Are the employees' statements privileged?

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Client Confidentiality on the MPRE

Client confidentiality is Area III of NCBE’s outline and 6–12% of the MPRE, about 3 to 6 of the 50 scored questions. Questions test the difference between the evidentiary privilege and the broader ethical duty, and exactly when a lawyer may reveal information.

Share of the exam
6–12% in NCBE’s subject matter outline, about 3 to 6 of the 50 scored questions
Our drill
10 questions from 30 Confidentiality questions, untimed, an explanation after every answer; one free attempt, unlimited with a pass
Line drawing of a paper shredder cutting a sheet into strips, beside a tied file folder and a small key

What confidentiality questions test

  • Attorney-client privilege: confidential communications for legal advice, corporate clients under Upjohn, the crime-fraud exception, survival after death and waiver
  • Work product: material prepared in anticipation of litigation, substantial need and protected mental impressions (FRCP 26(b)(3))
  • The duty of confidentiality: all information relating to the representation, from any source, during and after the representation (Rule 1.6(a))
  • Authorized disclosures: impliedly authorized disclosures and sharing within the firm
  • Exceptions: death or bodily harm, client crime or fraud using the lawyer’s services, ethics advice, lawyer-client disputes, court orders and conflict checks (Rule 1.6(b))

Sit the full exam under the real clock

60 questions across all twelve areas in 2 hours, with a score for Confidentiality so you know where you stand.

Free Confidentiality drill

How to study it

  • Keep the privilege and the ethical duty separate: one is about testimony, the other covers everything else.
  • Learn the seven Rule 1.6(b) exceptions and remember that the Model Rules make them permissive ("may"), not mandatory.
  • Watch for Rule 3.3: false evidence before a tribunal can require disclosure even of confidential information.
  • Take the confidentiality drill until you score 80% or better.

Common questions

How many confidentiality questions are on the MPRE?

Client confidentiality is 6-12% of the exam in NCBE’s outline, about 3 to 6 of the 50 scored questions, though confidentiality issues also appear inside conflicts and litigation questions.

Is information in public records still confidential?

Yes, under the Model Rules. Rule 1.6 protects all information relating to the representation whatever its source, and ABA Formal Opinion 480 confirms that public availability alone does not remove the duty.

60 questions across all twelve areas in 2 hours, with a score for Confidentiality so you know where you stand.

Free Confidentiality drill

The other MPRE areas

Sources

Original practice questions for exam preparation, written to NCBE’s MPRE Subject Matter Outline and the ABA Model Rules; they are not NCBE questions. Independent practice, not affiliated with or endorsed by the National Conference of Bar Examiners (NCBE) or the American Bar Association. MPRE is a mark of NCBE.