California Bar Exam: Professional Responsibility ||
Real Exam Simulation with Correct A+ Answers!!
What are the 7 major areas in Professional Responsibility? correct answers Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? correct answers An attorney can't reveal
anything related to the representation of a client without consent.
When does the duty of confidentiality attach? correct answers It can attach before a lawyer-
client relationship exists, so long as the potential client believes a relationship exists.
What are the four major exceptions to the duty of confidentiality? correct answers 1. Consent
from the client
2. Necessary to establish a lawyer's claim or defense (fee dispute, malpractice)
3. May reveal to prevent an act lawyer reasonably believes necessary to prevent crime likely
to result in death or substantial bodily harm.
4. If client used or is using attorney services to commit a crime and disclosure would prevent
or mitigate substantial financial loss.
CA exception to "may reveal info to prevent an act believed necessary to prevent death or
bodily harm" correct answers If reasonable, attorney must first make good faith effort to
persuade the client not to commit the act. Then inform client of decision to reveal
confidences.
CA exception to "prevent substantial financial loss" correct answers NONE!!!!
Distinguish Confidentiality from Attorney-Client privilege correct answers Attorney client is
included in the broader category of the duty of confidentiality. This allows the attorney to
refuse to produce evidence or testify about confidential communications related to the
representation from client or agents to the attorney.
General rule of Duty of Loyalty correct answers Covers conflict of interest. If an interest of
the attorney, another client, or a third party materially limits or is adverse to loyal
representation, the attorney has a conflict of interest.
Potential v. Actual Conflict correct answers A potential conflict is one that has the possibility
of occurring in the future.
An actual conflict is one that actual is occurring at time of representation.
, What is an imputed disqualification? correct answers The attorney and all members of the
attorney's firm share each other conflicts.
If there is a conflict, what rule applies? correct answers The attorney must not take on
representation unless:
1. Attorney objectively and reasonably believe he can represent everyone effectively despite
potential and actual conflict; AND
2. Inform each affected client (which could raise confidentiality issues; AND
3. Client consents, confirmed in writing
When can an attorney enter into a business transaction with a client, or a business transaction
adverse to the client? correct answers 1. Terms must be fair
2. Client is fully disclosed in writing
3. Client has the opportunity to consult outside lawyer
4. Client consents in writing
Can a lawyer limit his liability to a client for malpractice? correct answers 1. Cant restrict the
client from reporting the attorney for ethical or professional violations.
3. Cant limit malpractice unless client has independent representation in making agreement.
Publication Rights of clients ish? correct answers ABA: cant obtain rights until after
representation
CA: Allows obtaining rights if a judge is satisfied that client clearly understands and
consents.
Can you give your client a loan? correct answers ABA: No financial assistance except for
costs of litigation expenses representing an indigent, and advance of litigation expenses in
contingent fee cases.
CA: Cant promise to pay prospective clients debts as a way to get hired. Can loan money in
all matters after lawyer is hired if there is a written agreement to pay back debt.
Gifts correct answers Must not solicit substantial gifts
Close relationship with opposing counsel correct answers Attorney can't oppose a party
represented by a relative without informed client consent
What happens if attorney is representing clients with opposing interest? correct answers
ABA: Can't unless attorney receives reasonable consent from both parties.
Real Exam Simulation with Correct A+ Answers!!
What are the 7 major areas in Professional Responsibility? correct answers Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? correct answers An attorney can't reveal
anything related to the representation of a client without consent.
When does the duty of confidentiality attach? correct answers It can attach before a lawyer-
client relationship exists, so long as the potential client believes a relationship exists.
What are the four major exceptions to the duty of confidentiality? correct answers 1. Consent
from the client
2. Necessary to establish a lawyer's claim or defense (fee dispute, malpractice)
3. May reveal to prevent an act lawyer reasonably believes necessary to prevent crime likely
to result in death or substantial bodily harm.
4. If client used or is using attorney services to commit a crime and disclosure would prevent
or mitigate substantial financial loss.
CA exception to "may reveal info to prevent an act believed necessary to prevent death or
bodily harm" correct answers If reasonable, attorney must first make good faith effort to
persuade the client not to commit the act. Then inform client of decision to reveal
confidences.
CA exception to "prevent substantial financial loss" correct answers NONE!!!!
Distinguish Confidentiality from Attorney-Client privilege correct answers Attorney client is
included in the broader category of the duty of confidentiality. This allows the attorney to
refuse to produce evidence or testify about confidential communications related to the
representation from client or agents to the attorney.
General rule of Duty of Loyalty correct answers Covers conflict of interest. If an interest of
the attorney, another client, or a third party materially limits or is adverse to loyal
representation, the attorney has a conflict of interest.
Potential v. Actual Conflict correct answers A potential conflict is one that has the possibility
of occurring in the future.
An actual conflict is one that actual is occurring at time of representation.
, What is an imputed disqualification? correct answers The attorney and all members of the
attorney's firm share each other conflicts.
If there is a conflict, what rule applies? correct answers The attorney must not take on
representation unless:
1. Attorney objectively and reasonably believe he can represent everyone effectively despite
potential and actual conflict; AND
2. Inform each affected client (which could raise confidentiality issues; AND
3. Client consents, confirmed in writing
When can an attorney enter into a business transaction with a client, or a business transaction
adverse to the client? correct answers 1. Terms must be fair
2. Client is fully disclosed in writing
3. Client has the opportunity to consult outside lawyer
4. Client consents in writing
Can a lawyer limit his liability to a client for malpractice? correct answers 1. Cant restrict the
client from reporting the attorney for ethical or professional violations.
3. Cant limit malpractice unless client has independent representation in making agreement.
Publication Rights of clients ish? correct answers ABA: cant obtain rights until after
representation
CA: Allows obtaining rights if a judge is satisfied that client clearly understands and
consents.
Can you give your client a loan? correct answers ABA: No financial assistance except for
costs of litigation expenses representing an indigent, and advance of litigation expenses in
contingent fee cases.
CA: Cant promise to pay prospective clients debts as a way to get hired. Can loan money in
all matters after lawyer is hired if there is a written agreement to pay back debt.
Gifts correct answers Must not solicit substantial gifts
Close relationship with opposing counsel correct answers Attorney can't oppose a party
represented by a relative without informed client consent
What happens if attorney is representing clients with opposing interest? correct answers
ABA: Can't unless attorney receives reasonable consent from both parties.
