California Attorney Ethics and
Responsibilities ACTUAL QUESTIONS AND
CORRECT ANSWERS
ACCEPTANCE - CORRECT ANSWERS Absent a court appointment, Attorney does not
have a duty to accept a client.
INCEPTION - CORRECT ANSWERS Attorney-client relationship begins when client
reasonably believes that it does based upon A's words and actions.
MANDATORY TERMINATION - CORRECT ANSWERS Attorney MUST withdraw if
A. knows or should reasonably know that representation will result in violation of CA RPC or
State Bar Act, will be unreasonably difficult due to A's mental or physical condition, or is to
pursue a claim/defense without probable cause & to harass/maliciously injure any person.
PERMISSIVE TERMINATION - CORRECT ANSWERS ABA: A. may seek to withdraw
if he can do so without materially harming the client, if client insists on a course of action that A.
finds repugnant/with which A. has a fundamental disagreement; representation will result in an
unreasonable financial burden. There is a CA distinction.
CA Permissive termination - CORRECT ANSWERS Attorney may withdraw from
representing a client if client seeks to or has used A's service to advance conduct A. reasonably
believes was a crime or fraud, insists A. pursue conduct that is criminal or fraudulent, client's
conduct makes representation unreasonably difficult, fails to pay A's fees after reasonable
warning, A's mental or physical condition renders it difficult for A. to carry out representation,
continuation is likely to result in violation of Rules OR other good cause exists, or client insists
on presenting a claim not warranted under existing law.
,MERITORIOUS CLAIMS - CORRECT ANSWERS Attorneys are prohibited from
presenting a claim or defense in litigation that is not warranted under existing law unless it is
supported by good faith argument for change in the law.
DUTIES UPON TERMINATION - CORRECT ANSWERS (Court's permission may be
required before A. can withdraw.) A. must give client reasonable notice before withdrawing, to
give C. reasonable opportunity to obtain new rep. A. has a duty to take reasonable measures to
minimize the harm done to the client.
NOTICE- Duty upon termination - CORRECT ANSWERS A. must give client reasonable
notice before withdrawing, to give C. reasonable opportunity to obtain new rep.
REASONABLE MEASURES- Duties upon Termination - CORRECT ANSWERS A. has
a duty to take reasonable measures to minimize the harm done to the client. A. must release to
the client all client materials & property (even if client hasn't paid for them) and promptly refund
unearned fees.
Duty to Act Competently - CORRECT ANSWERS ABA: An attorney is required to
provide competent representation. CA: An attorney shall not intentionally, recklessly, with gross
negligence, or repeatedly fail to perform services with C.Competence requires attorney to have
legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.
CA also: mental, emotional, and physical ability reasonably necessary for the representation.
If A isn't competent
If A does not have sufficient learning & skill when hired, A may still be competent if he
associates or consults another lawyer reasonably believed to be competent, acquires sufficient
learning & skill before performance is required, or refers to another lawyer reasonably believed
to be competent.
, Duty to Act Diligently - CORRECT ANSWERS ABA: Attorney must act with reasonable
diligence and promptness in representing a client. CA: An attorney shall not intentionally,
recklessly, or with gross negligence fail to act with reasonable diligence in rep. a client.
Duty to Communicate - CORRECT ANSWERS Attorney must keep a client reasonably
informed and promptly respond to reasonable requests for information so the client can make
informed decisions.
Settlement Offers - CORRECT ANSWERS Attorney must communicate offers and cannot
accept a settlement offer without the client's consent.
Allocation of Authority - CORRECT ANSWERS The client decides the objectives and
goals of representation and Attorney determines the means used to achieve the objectives. I.E
Clients decision to settle, clientClient's decision as to a plea, whether to waive jury trial, whether
the client will testify.
Counseling on Crimes - CORRECT ANSWERS Attorney may not counsel or assist the
client in criminal conduct but may discuss the legal consequences of a proposed course of
conduct.
Duty of Confidentiality - CORRECT ANSWERS Attorney is prohibited from disclosing
ANY information related to representation of a client absent informed consent. Know also
Attorney client privileges.
Duty of confidentiality, Prospective Clients - CORRECT ANSWERS Duty attaches when
discussing the possibility of representation.
Duty doesn't attach if 1) no good-faith intention to retain Attorney, 2) Attorney is unwilling or
unable to represent, or 3) no reasonable expectation of retention.
Responsibilities ACTUAL QUESTIONS AND
CORRECT ANSWERS
ACCEPTANCE - CORRECT ANSWERS Absent a court appointment, Attorney does not
have a duty to accept a client.
INCEPTION - CORRECT ANSWERS Attorney-client relationship begins when client
reasonably believes that it does based upon A's words and actions.
MANDATORY TERMINATION - CORRECT ANSWERS Attorney MUST withdraw if
A. knows or should reasonably know that representation will result in violation of CA RPC or
State Bar Act, will be unreasonably difficult due to A's mental or physical condition, or is to
pursue a claim/defense without probable cause & to harass/maliciously injure any person.
PERMISSIVE TERMINATION - CORRECT ANSWERS ABA: A. may seek to withdraw
if he can do so without materially harming the client, if client insists on a course of action that A.
finds repugnant/with which A. has a fundamental disagreement; representation will result in an
unreasonable financial burden. There is a CA distinction.
CA Permissive termination - CORRECT ANSWERS Attorney may withdraw from
representing a client if client seeks to or has used A's service to advance conduct A. reasonably
believes was a crime or fraud, insists A. pursue conduct that is criminal or fraudulent, client's
conduct makes representation unreasonably difficult, fails to pay A's fees after reasonable
warning, A's mental or physical condition renders it difficult for A. to carry out representation,
continuation is likely to result in violation of Rules OR other good cause exists, or client insists
on presenting a claim not warranted under existing law.
,MERITORIOUS CLAIMS - CORRECT ANSWERS Attorneys are prohibited from
presenting a claim or defense in litigation that is not warranted under existing law unless it is
supported by good faith argument for change in the law.
DUTIES UPON TERMINATION - CORRECT ANSWERS (Court's permission may be
required before A. can withdraw.) A. must give client reasonable notice before withdrawing, to
give C. reasonable opportunity to obtain new rep. A. has a duty to take reasonable measures to
minimize the harm done to the client.
NOTICE- Duty upon termination - CORRECT ANSWERS A. must give client reasonable
notice before withdrawing, to give C. reasonable opportunity to obtain new rep.
REASONABLE MEASURES- Duties upon Termination - CORRECT ANSWERS A. has
a duty to take reasonable measures to minimize the harm done to the client. A. must release to
the client all client materials & property (even if client hasn't paid for them) and promptly refund
unearned fees.
Duty to Act Competently - CORRECT ANSWERS ABA: An attorney is required to
provide competent representation. CA: An attorney shall not intentionally, recklessly, with gross
negligence, or repeatedly fail to perform services with C.Competence requires attorney to have
legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.
CA also: mental, emotional, and physical ability reasonably necessary for the representation.
If A isn't competent
If A does not have sufficient learning & skill when hired, A may still be competent if he
associates or consults another lawyer reasonably believed to be competent, acquires sufficient
learning & skill before performance is required, or refers to another lawyer reasonably believed
to be competent.
, Duty to Act Diligently - CORRECT ANSWERS ABA: Attorney must act with reasonable
diligence and promptness in representing a client. CA: An attorney shall not intentionally,
recklessly, or with gross negligence fail to act with reasonable diligence in rep. a client.
Duty to Communicate - CORRECT ANSWERS Attorney must keep a client reasonably
informed and promptly respond to reasonable requests for information so the client can make
informed decisions.
Settlement Offers - CORRECT ANSWERS Attorney must communicate offers and cannot
accept a settlement offer without the client's consent.
Allocation of Authority - CORRECT ANSWERS The client decides the objectives and
goals of representation and Attorney determines the means used to achieve the objectives. I.E
Clients decision to settle, clientClient's decision as to a plea, whether to waive jury trial, whether
the client will testify.
Counseling on Crimes - CORRECT ANSWERS Attorney may not counsel or assist the
client in criminal conduct but may discuss the legal consequences of a proposed course of
conduct.
Duty of Confidentiality - CORRECT ANSWERS Attorney is prohibited from disclosing
ANY information related to representation of a client absent informed consent. Know also
Attorney client privileges.
Duty of confidentiality, Prospective Clients - CORRECT ANSWERS Duty attaches when
discussing the possibility of representation.
Duty doesn't attach if 1) no good-faith intention to retain Attorney, 2) Attorney is unwilling or
unable to represent, or 3) no reasonable expectation of retention.
