California Bar Exam: Professional
Responsibility
What are the 7 major areas in Professional Responsibility? - CORRECT
ANSWERS☑️☑️Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? - CORRECT ANSWERS☑️☑️An
attorney can't reveal anything related to the representation of a client without consent.
When does the duty of confidentiality attach? - CORRECT ANSWERS☑️☑️It can attach
before a lawyer-client relationship exists, so long as the potential client believes a
relationship exists.
What are the four major exceptions to the duty of confidentiality? - CORRECT
ANSWERS☑️☑️1. Consent from the client
2. Necessary to establish a lawyer's claim or defense (fee dispute, malpractice)
3. May reveal to prevent an act lawyer reasonably believes necessary to prevent crime likely
to result in death or substantial bodily harm.
4. If client used or is using attorney services to commit a crime and disclosure would prevent
or mitigate substantial financial loss.
CA exception to "may reveal info to prevent an act believed necessary to prevent death or
bodily harm" - CORRECT ANSWERS☑️☑️If reasonable, attorney must first make good faith
, effort to persuade the client not to commit the act. Then inform client of decision to reveal
confidences.
CA exception to "prevent substantial financial loss" - CORRECT ANSWERS☑️☑️NONE!!!!
Distinguish Confidentiality from Attorney-Client privilege - CORRECT
ANSWERS☑️☑️Attorney client is included in the broader category of the duty of
confidentiality. This allows the attorney to refuse to produce evidence or testify about
confidential communications related to the representation from client or agents to the
attorney.
General rule of Duty of Loyalty - CORRECT ANSWERS☑️☑️Covers conflict of interest. If
an interest of the attorney, another client, or a third party materially limits or is adverse to
loyal representation, the attorney has a conflict of interest.
Potential v. Actual Conflict - CORRECT ANSWERS☑️☑️A potential conflict is one that has
the possibility of occurring in the future.
An actual conflict is one that actual is occurring at time of representation.
What is an imputed disqualification? - CORRECT ANSWERS☑️☑️The attorney and all
members of the attorney's firm share each other conflicts.
If there is a conflict, what rule applies? - CORRECT ANSWERS☑️☑️The attorney must not
take on representation unless:
1. Attorney objectively and reasonably believe he can represent everyone effectively despite
potential and actual conflict; AND
2. Inform each affected client (which could raise confidentiality issues; AND
3. Client consents, confirmed in writing
Responsibility
What are the 7 major areas in Professional Responsibility? - CORRECT
ANSWERS☑️☑️Confidentiality
Loyalty
Finances
Competence
Candor
Fairness
Dignity
General rule for the duty of confidentiality to client? - CORRECT ANSWERS☑️☑️An
attorney can't reveal anything related to the representation of a client without consent.
When does the duty of confidentiality attach? - CORRECT ANSWERS☑️☑️It can attach
before a lawyer-client relationship exists, so long as the potential client believes a
relationship exists.
What are the four major exceptions to the duty of confidentiality? - CORRECT
ANSWERS☑️☑️1. Consent from the client
2. Necessary to establish a lawyer's claim or defense (fee dispute, malpractice)
3. May reveal to prevent an act lawyer reasonably believes necessary to prevent crime likely
to result in death or substantial bodily harm.
4. If client used or is using attorney services to commit a crime and disclosure would prevent
or mitigate substantial financial loss.
CA exception to "may reveal info to prevent an act believed necessary to prevent death or
bodily harm" - CORRECT ANSWERS☑️☑️If reasonable, attorney must first make good faith
, effort to persuade the client not to commit the act. Then inform client of decision to reveal
confidences.
CA exception to "prevent substantial financial loss" - CORRECT ANSWERS☑️☑️NONE!!!!
Distinguish Confidentiality from Attorney-Client privilege - CORRECT
ANSWERS☑️☑️Attorney client is included in the broader category of the duty of
confidentiality. This allows the attorney to refuse to produce evidence or testify about
confidential communications related to the representation from client or agents to the
attorney.
General rule of Duty of Loyalty - CORRECT ANSWERS☑️☑️Covers conflict of interest. If
an interest of the attorney, another client, or a third party materially limits or is adverse to
loyal representation, the attorney has a conflict of interest.
Potential v. Actual Conflict - CORRECT ANSWERS☑️☑️A potential conflict is one that has
the possibility of occurring in the future.
An actual conflict is one that actual is occurring at time of representation.
What is an imputed disqualification? - CORRECT ANSWERS☑️☑️The attorney and all
members of the attorney's firm share each other conflicts.
If there is a conflict, what rule applies? - CORRECT ANSWERS☑️☑️The attorney must not
take on representation unless:
1. Attorney objectively and reasonably believe he can represent everyone effectively despite
potential and actual conflict; AND
2. Inform each affected client (which could raise confidentiality issues; AND
3. Client consents, confirmed in writing
