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CALIFORNIA BAR EXAM: PROFESSIONAL
RESPONSIBILITY |CERTIFIED Q&A 2026
What happens if attorney is representing clients with inconsistent positions? -
correct-answer - Allowed with consent of both clients, but if either would be
disadvantaged, attorney must withdraw from both.
New clients with adverse positions to current client? - correct-answer - Can't take
on a new client with interest materially adverse to a former client without former
clients consent.
This applies to imputed disqualification if any other attorney at the firm has
information regarding former client.
If attorney is a new firm, screen him off, dont pay him with fee, and inform clients
with notice of compliance.
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Former Government Lawyer now in Private Practice - correct-answer - CA: Bars
prosecutors from later working for the defendants of cases they had worked on.
Screening is allowed.
ABA: Bars government workers who worked personally and substantially on a
matter.
Can a third party pay for services to client - correct-answer - Only if client has
given informed consent.
Sarbanes Oxley applied to attorneys - correct-answer - If they believe anyone
associated with an entity materially violates securities law and the attorney
knows, they must report to Chief Legal Counsel or CEO. If they dont do anything,
then they must go to the Board or highest authority.
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IF necessary to prevent fraud, perjury or substantial injury to the organization or
investors, attorney may disclose to SEC.
Attorney's Financial Duty to Client generally - correct-answer - ABA: Fees must be
reasonable
CA: Fees must not be unconscionably high
Duty Includes:
- non-contingent fees
- contingent fees
- Fee Splitting
- Liability insurance
- Client Trust Accounts
- Fee disputes
Non-contingent Fee Rules - correct-answer - ABA: agreement must include -
CALIFORNIA BAR EXAM: PROFESSIONAL
RESPONSIBILITY |CERTIFIED Q&A 2026
What happens if attorney is representing clients with inconsistent positions? -
correct-answer - Allowed with consent of both clients, but if either would be
disadvantaged, attorney must withdraw from both.
New clients with adverse positions to current client? - correct-answer - Can't take
on a new client with interest materially adverse to a former client without former
clients consent.
This applies to imputed disqualification if any other attorney at the firm has
information regarding former client.
If attorney is a new firm, screen him off, dont pay him with fee, and inform clients
with notice of compliance.
,2|Page
Former Government Lawyer now in Private Practice - correct-answer - CA: Bars
prosecutors from later working for the defendants of cases they had worked on.
Screening is allowed.
ABA: Bars government workers who worked personally and substantially on a
matter.
Can a third party pay for services to client - correct-answer - Only if client has
given informed consent.
Sarbanes Oxley applied to attorneys - correct-answer - If they believe anyone
associated with an entity materially violates securities law and the attorney
knows, they must report to Chief Legal Counsel or CEO. If they dont do anything,
then they must go to the Board or highest authority.
, 3|Page
IF necessary to prevent fraud, perjury or substantial injury to the organization or
investors, attorney may disclose to SEC.
Attorney's Financial Duty to Client generally - correct-answer - ABA: Fees must be
reasonable
CA: Fees must not be unconscionably high
Duty Includes:
- non-contingent fees
- contingent fees
- Fee Splitting
- Liability insurance
- Client Trust Accounts
- Fee disputes
Non-contingent Fee Rules - correct-answer - ABA: agreement must include -
