CRPC YOU GOT THIS STUDY CARDS UPDATED ACTUAL EXAM QUESTIONS CORRECT
ANSWERS GRADED A PLUS
Question:
Reporting Professional Misconduct
Answer:
CA attorneys must "self- report" for an exclusive list of specific incidents. CA attorneys have no
obligation to report on other attorneys. MR lawyers must report misconduct of other attorneys, if the
misconduct raises a "substantial question" about lawyer's "honesty, trustworthiness or fitness as a
lawyer." Compare MR 8.3 with B&P 6068(o)(1-7).
Question:
Written fee agreements
Answer:
Contingency agreements in CA and MR must be in writing (MR 1.5(c)-signed by client only. B&P
6147--- signed by client and attorney). CA requires a written agreement in any case where costs and
fees are expected to exceed $1,000. B&P 6148. In non-contingency fee cases under Model Rules,
there is no requirement of writing, though it is preferred. MR 1.5(b).
Question:
Referral fees to non-affiliated lawyers
Answer:
Traditional referral fees to a referring lawyer are allowed in CA. Model rules do not allow referral
fees. Under MR, a referring lawyer can only be paid in proportion to the services performed on that
matter or joint responsibility. Compare MR 1.5(e) and Comment [7] with CRPC 1.5.1. Note that
rules require disclosure and consent to client; CA also requires a written agreement between the
lawyers about the fee splitting.
, Question:
Advancing money to clients in connection to pending or contemplated litigation:
Answer:
Under the MR, lawyers can only advance clients money to cover court costs and fees. In CA,
lawyers (after employment) can loan clients money for personal expenses or any purpose so long as
a promise to repay is in writing and they follow the doing business with clients rule. Compare MR
1.8(e) with CRPC 1.8.5 and CRPC 1.8.1
Question:
Returning Client Papers if client hasn't paid bill
Answer:
Under MR, the atty may keep them if permitted by local law and if it won't damage client's interests.
MR 1.16(d). In California, the atty must return papers whether client has paid for them or not. CRPC
1.16 (e)(1).
Question:
Trial lawyer as witness
Answer:
Under MR, lawyer can only testify as to non-contested matter, fees, or if not testifying creates a
substantial hardship to client. In CA, lawyer can testify as to a non-contested matter, fees, or on any
issue if client consents in writing. Compare MR 3.7(a) with CRPC 3.7 (a) (3).
Question:
Prospectively limiting liability
Answer:
MR 1.8 (h) says that a client must be represented by independent counsel before signing an
agreement with a lawyer saying "I will not sue you for malpractice," i.e., prospectively limiting
liability. CRPC 1.8.8 absolutely prohibits prospectively limiting liability.
Question:
ANSWERS GRADED A PLUS
Question:
Reporting Professional Misconduct
Answer:
CA attorneys must "self- report" for an exclusive list of specific incidents. CA attorneys have no
obligation to report on other attorneys. MR lawyers must report misconduct of other attorneys, if the
misconduct raises a "substantial question" about lawyer's "honesty, trustworthiness or fitness as a
lawyer." Compare MR 8.3 with B&P 6068(o)(1-7).
Question:
Written fee agreements
Answer:
Contingency agreements in CA and MR must be in writing (MR 1.5(c)-signed by client only. B&P
6147--- signed by client and attorney). CA requires a written agreement in any case where costs and
fees are expected to exceed $1,000. B&P 6148. In non-contingency fee cases under Model Rules,
there is no requirement of writing, though it is preferred. MR 1.5(b).
Question:
Referral fees to non-affiliated lawyers
Answer:
Traditional referral fees to a referring lawyer are allowed in CA. Model rules do not allow referral
fees. Under MR, a referring lawyer can only be paid in proportion to the services performed on that
matter or joint responsibility. Compare MR 1.5(e) and Comment [7] with CRPC 1.5.1. Note that
rules require disclosure and consent to client; CA also requires a written agreement between the
lawyers about the fee splitting.
, Question:
Advancing money to clients in connection to pending or contemplated litigation:
Answer:
Under the MR, lawyers can only advance clients money to cover court costs and fees. In CA,
lawyers (after employment) can loan clients money for personal expenses or any purpose so long as
a promise to repay is in writing and they follow the doing business with clients rule. Compare MR
1.8(e) with CRPC 1.8.5 and CRPC 1.8.1
Question:
Returning Client Papers if client hasn't paid bill
Answer:
Under MR, the atty may keep them if permitted by local law and if it won't damage client's interests.
MR 1.16(d). In California, the atty must return papers whether client has paid for them or not. CRPC
1.16 (e)(1).
Question:
Trial lawyer as witness
Answer:
Under MR, lawyer can only testify as to non-contested matter, fees, or if not testifying creates a
substantial hardship to client. In CA, lawyer can testify as to a non-contested matter, fees, or on any
issue if client consents in writing. Compare MR 3.7(a) with CRPC 3.7 (a) (3).
Question:
Prospectively limiting liability
Answer:
MR 1.8 (h) says that a client must be represented by independent counsel before signing an
agreement with a lawyer saying "I will not sue you for malpractice," i.e., prospectively limiting
liability. CRPC 1.8.8 absolutely prohibits prospectively limiting liability.
Question:
