CA Bar Exam: PROFESSIONAL RESPONSIBILITY ||
The A+ Blueprint: Exam Questions with Verified
Answers!!
Duty of Loyalty correct answers A lawyer has a duty of loyalty to his client that requires that
the attorney put the interest of his client above all other interest and avoid any conflicts of
interest
A current conflict of interest arises if: correct answers There is a significant risk that the
representation of one or more clients will be materially limited by the lawyer's
responsibilities to another client, a former client, or a third person or by a personal interest of
the lawyer
Exception to conflict of interest (ABA) correct answers A lawyer may still represent a client
if:
1. The lawyer reasonably believes that the lawyer will be able to provide competent and
diligent representation and
2. The representation is not prohibited by law and
3. The clients are not asserting a claim against eachother and
4. Each client gives "informed written consent"
Exceptions to conflict of interest (CA) correct answers 1. Attorney obtains "informed consent
confirmed in writing"
2. When attorney's conflict arises from a personal relationship with a party or witness in the
same matters, there must be written disclosure to the client
Insurance (CA Rule) correct answers Lawyers are permitted to represent both insurers and
insureds whereby the insurer has the contractual right to unilaterally select counsel for the
insured
Corporate / Organizational Client correct answers The attorney has a duty to act in the best
interest of the corporation
If a lawyers knows that an officer, employee, or other person associated with the company
has engaged in action that is likely to cause substantial injury to the company... correct
answers the lawyer shall report up and refer the matter to a higher authority unless the lawyer
reasonably believes that it is not in the best interest of the org to do so
Failure to Act by Higher Authority Rules correct answers ABA: The lawyer may report out
and disclose information if such disclosure is necessary to prevent injury
CA: The lawyer may not report out. Rather, the lawyer should urge reconsideration or resign
from representation. There is a slight exception for death/substantial bodily harm
Former Government Employee: correct answers A lawyer who has formerly served as a
government employee shall not represent a client in connection with a matter in which the
lawyer participated personally and substantially unless the gov't agency provides "informed
written consent"
, A conflict for one attorney in a firm is imputed to all other attorneys in the firm unless:
correct answers 1. The conflict is based on a personal interest of the disqualified lawyer and
there is not a significant risk of materially limiting the representation
2. If the conflict is based on a former client at a private firm, the lawyer must be timely
screened from the matter and the client must be provided with written notice
3. A client can waive any imputed disqualifications through informed written consent
A lawyer shall not accept compensation from third parties to represent a client unless correct
answers (i) The client gives informed (CA: Written) consent, (ii) there is no interference with
the attorney's independence, and (iii) information relating to the representation remains
confidential
When lawyers are related by blood or marriage and representing clients in the same or
substantially related matters... correct answers They must obtain information consent. (CA
extends to cohabitation/close intimate lawyers)
The lawyer may still represent the client despite any conflict with personal beliefs if the client
obtains correct answers Written informed consent
A lawyer shall not enter into a business relationship with a client or knowingly acquire an
interest adverse to a client unless correct answers (i) terms are fair and reasonable to the
client
(ii) Terms are fully disclosed in writing
(iii) Client is advised in writing to obtain independent counsel
(iv) Client gives information written consent to the essential terms
Client Gift Rules: correct answers ABA: A lawyer shall not solicit any substantial gift from a
client or prepare any instrument that gives the lawyer a gift unless they are related to the
client
CA: A lawyer shall not induce a client to make a substantial gift or prepare an instrument that
gives the lawyer a gift unless related. A lawyer may accept a gift if it is fair and there is no
undue influence
Financial Assistance to Clients correct answers ABA: Impermissible unless a contingency
case or there is an indigent client and the lawyer advances court costs and expenses of
litigation
CA: A lawyer may lend money to a client if the client promises in writing to repay the loan
Limiting Malpractice Liability correct answers ABA: An attorney may not agree to limit the
lawyer's own liability unless the client is represented by independent counsel
CA: A lawyer may not limit liability to a client
Duty to Communicate correct answers The lawyer shall promptly inform the client of any
decision that affects the client's informed consent as well as reasonably consult with the client
to keep him informed of the status of the case and promptly respond to client
communications and reasonable requests for information
Scope of Representation correct answers Lawyer must abide by the client's substantive
decisions regarding the case and pursue every appropriate legal strategy
The A+ Blueprint: Exam Questions with Verified
Answers!!
Duty of Loyalty correct answers A lawyer has a duty of loyalty to his client that requires that
the attorney put the interest of his client above all other interest and avoid any conflicts of
interest
A current conflict of interest arises if: correct answers There is a significant risk that the
representation of one or more clients will be materially limited by the lawyer's
responsibilities to another client, a former client, or a third person or by a personal interest of
the lawyer
Exception to conflict of interest (ABA) correct answers A lawyer may still represent a client
if:
1. The lawyer reasonably believes that the lawyer will be able to provide competent and
diligent representation and
2. The representation is not prohibited by law and
3. The clients are not asserting a claim against eachother and
4. Each client gives "informed written consent"
Exceptions to conflict of interest (CA) correct answers 1. Attorney obtains "informed consent
confirmed in writing"
2. When attorney's conflict arises from a personal relationship with a party or witness in the
same matters, there must be written disclosure to the client
Insurance (CA Rule) correct answers Lawyers are permitted to represent both insurers and
insureds whereby the insurer has the contractual right to unilaterally select counsel for the
insured
Corporate / Organizational Client correct answers The attorney has a duty to act in the best
interest of the corporation
If a lawyers knows that an officer, employee, or other person associated with the company
has engaged in action that is likely to cause substantial injury to the company... correct
answers the lawyer shall report up and refer the matter to a higher authority unless the lawyer
reasonably believes that it is not in the best interest of the org to do so
Failure to Act by Higher Authority Rules correct answers ABA: The lawyer may report out
and disclose information if such disclosure is necessary to prevent injury
CA: The lawyer may not report out. Rather, the lawyer should urge reconsideration or resign
from representation. There is a slight exception for death/substantial bodily harm
Former Government Employee: correct answers A lawyer who has formerly served as a
government employee shall not represent a client in connection with a matter in which the
lawyer participated personally and substantially unless the gov't agency provides "informed
written consent"
, A conflict for one attorney in a firm is imputed to all other attorneys in the firm unless:
correct answers 1. The conflict is based on a personal interest of the disqualified lawyer and
there is not a significant risk of materially limiting the representation
2. If the conflict is based on a former client at a private firm, the lawyer must be timely
screened from the matter and the client must be provided with written notice
3. A client can waive any imputed disqualifications through informed written consent
A lawyer shall not accept compensation from third parties to represent a client unless correct
answers (i) The client gives informed (CA: Written) consent, (ii) there is no interference with
the attorney's independence, and (iii) information relating to the representation remains
confidential
When lawyers are related by blood or marriage and representing clients in the same or
substantially related matters... correct answers They must obtain information consent. (CA
extends to cohabitation/close intimate lawyers)
The lawyer may still represent the client despite any conflict with personal beliefs if the client
obtains correct answers Written informed consent
A lawyer shall not enter into a business relationship with a client or knowingly acquire an
interest adverse to a client unless correct answers (i) terms are fair and reasonable to the
client
(ii) Terms are fully disclosed in writing
(iii) Client is advised in writing to obtain independent counsel
(iv) Client gives information written consent to the essential terms
Client Gift Rules: correct answers ABA: A lawyer shall not solicit any substantial gift from a
client or prepare any instrument that gives the lawyer a gift unless they are related to the
client
CA: A lawyer shall not induce a client to make a substantial gift or prepare an instrument that
gives the lawyer a gift unless related. A lawyer may accept a gift if it is fair and there is no
undue influence
Financial Assistance to Clients correct answers ABA: Impermissible unless a contingency
case or there is an indigent client and the lawyer advances court costs and expenses of
litigation
CA: A lawyer may lend money to a client if the client promises in writing to repay the loan
Limiting Malpractice Liability correct answers ABA: An attorney may not agree to limit the
lawyer's own liability unless the client is represented by independent counsel
CA: A lawyer may not limit liability to a client
Duty to Communicate correct answers The lawyer shall promptly inform the client of any
decision that affects the client's informed consent as well as reasonably consult with the client
to keep him informed of the status of the case and promptly respond to client
communications and reasonable requests for information
Scope of Representation correct answers Lawyer must abide by the client's substantive
decisions regarding the case and pursue every appropriate legal strategy
