RESPONSIBILITY COMPLETE EXAM PREP
STUDY GUIDE WITH PRACTICE
QUESTIONS, ANSWERS AND
COMPREHENSIVE ETHICS AND
PROFESSIONAL CONDUCT REVIEW |
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Updated 2026 Questions and Answers | 100% Verified
Exam Prep
, Duties to others: (1) Candor/truthfulness
(2) Fairness
(3) Dignity/decorum
(4) and other reasonable things
(Courts Feel Differently)
Duty of Confidentiality: -Don't reveal anything related to the representation of a client or use that information
against her w/o her consent. Applies regardless of whether the client requested it be
confidential.
-Use reasonable security to prevent inadvertent access to or disclosure of client
confidences.
-Applies to anything not generally known and to disclosure beyond the rep that could
reasonably lead to information about it
Timing and disclaimers: -timing: the duty of confidentiality can attach before a lawyer-client relationship is
formed, even if none is formed (BUT if none formed, the party who wants to disqualify a
lawyer will bear the burden of proving confidences were actually imparted)
-timing: continues even after rep ends, even after death
-disclaimer must be in plain English
Exceptions to duty of confidentiality: 1. Consent, including implied consent
2. Defending yourself (a) malpractice or disciplinary proceedings; (b) doesn't pay you (c)
under ABA seeking an ethics opinion about the rep
3. If compelled by court order, law or other ethical duties like doing a conflict check
4. To prevent substantial bodily harm (reasonably believe will prevent reasonably certain
death or substantial bodily harm)
BUT IN CALI: must (a) make good faith effort to persuade your client not to commit the
act; and (b) inform the client of your decision to reveal his confidences
5. ABA - to prevent fraud or crimes causing financial injury IF USING your services to
commit the crime (ABA only)
Duty of Loyalty: You have a duty of loyalty to your client. If an interest of another client, yourself, or a 3P
materially limits or is adverse to representation, you have a conflict of interest
-flag both potential and actual conflicts
-ignorance of a conflict is no excuse, unless it arises from short-term legal services under
court or non-profit program