Bar Exam California Professional Responsibility Flashcards
Master 77 california professional responsibility concepts for the Bar Exam.
Question
Under CA Rule 1.18, who is a 'prospective client' and what duty does a lawyer owe one even if no representation results?
Question
When does information from a prospective client disqualify the lawyer (and the firm) from an adverse matter, and how can the firm cure it?
Question
Under CA Rule 1.1, what mental state is required before a competence failure is disciplinable, and how does that differ from the Model Rule?
Question
If a CA lawyer lacks sufficient skill for a matter, how may the lawyer still provide competent representation under Rule 1.1(c)?
Fees & Fee Agreements
6 cardsQuestion
What is the CA standard for an improper fee under Rule 1.5, and how does it differ from the ABA Model Rule?
Question
In which two categories of matters does CA Rule 1.5(c) prohibit contingent fees?
Confidentiality
5 cardsQuestion
What is the source and scope of a California lawyer's duty of confidentiality?
Question
What is the sole exception permitting a California lawyer to reveal confidential information under Rule 1.6(b)?
Conflicts of Interest
13 cardsQuestion
What two situations trigger a current-client conflict under CA Rule 1.7, and what consent cures them?
Question
What CA-specific conflict situations require only written DISCLOSURE (not consent) under Rule 1.7(c)?
Question
Where must a California lawyer hold funds received for a client or third person under Rule 1.15(a)?
Question
What is a California lawyer's IOLTA obligation under B&P Code 6211, and where does the interest go?
Question
When MUST a California lawyer decline or withdraw from representation under Rule 1.16(a)?
Question
Name several grounds for PERMISSIVE withdrawal under CA Rule 1.16(b).
Question
What are a California lawyer's core candor duties to a tribunal under Rule 3.3(a)?
Question
How does CA's Rule 3.3 candor duty interact with confidentiality, and how does this differ from the ABA Model Rule?
Duties to Third Parties
3 cardsQuestion
What does CA Rule 4.1 require of a lawyer dealing with third persons?
Question
What is CA's no-contact rule under Rule 4.2, and who within a represented organization is off-limits?
Question
When is a CA managerial or supervisory lawyer responsible under Rule 5.1?
Question
Is 'I was just following orders' a defense for a California subordinate lawyer under Rule 5.2?
Question
What is the baseline rule for a California lawyer's communications about services under Rule 7.1?
Question
Under CA Rule 7.2, may a lawyer pay others to recommend the lawyer's services, and what identifying information must ads contain?
Question
What are the core requirements to be admitted to practice law in California under B&P 6060?
Question
What does CA Rule 8.1 require regarding statements in a bar application, and what is the risk of nondisclosure?
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