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.
Acting to Preserve Confidentiality ( Duty of Confidentiality) - CORRECT
ANSWERS✅✅Attorney must take reasonable precautions to safeguard the confidential
information of a client, even from inadvertent or unauthorized disclosure.
Informed Consent - CORRECT ANSWERS✅✅Client agrees after full disclosure of material
risks; can be oral or written.
Implied Authority to Disclose - CORRECT ANSWERS✅✅Attorney has the authority to
disclose information under certain circumstances.
Exceptions to Duty of confidentialityConfidentiality - CORRECT ANSWERS✅✅Attorney
reasonably believes disclosure is necessary to prevent death or GBI, prevent a crime or fraud,
secure advice about compliance with rules, establish a claim or defense, or comply with laws
or court orders.
Attorney-Client Privilege - CORRECT ANSWERS✅✅A legal privilege that keeps
communications between an attorney and their client confidential.
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.
Acting to Preserve Confidentiality ( Duty of Confidentiality) - CORRECT
ANSWERS✅✅Attorney must take reasonable precautions to safeguard the confidential
information of a client, even from inadvertent or unauthorized disclosure.
Informed Consent - CORRECT ANSWERS✅✅Client agrees after full disclosure of material
risks; can be oral or written.
Implied Authority to Disclose - CORRECT ANSWERS✅✅Attorney has the authority to
disclose information under certain circumstances.
Exceptions to Duty of confidentialityConfidentiality - CORRECT ANSWERS✅✅Attorney
reasonably believes disclosure is necessary to prevent death or GBI, prevent a crime or fraud,
secure advice about compliance with rules, establish a claim or defense, or comply with laws
or court orders.
Attorney-Client Privilege - CORRECT ANSWERS✅✅A legal privilege that keeps
communications between an attorney and their client confidential.
