Professional Responsibility (California Bar
Exam) ACTUAL QUESTIONS AND
CORRECT ANSWERS
Duties owed to Clients - CORRECT ANSWERS California Clients Do Love Fierce
Counsel - Communicate, Confidentiality, Diligence, Loyalty, Fiduciary Duties, Competence
Duties owed to courts and others - CORRECT ANSWERS Courts feel differently -
Candor, Fairness, Dignity/decorum
What is the scope of a lawyer's duty to accept representation? - CORRECT ANSWERS No
duty to accept representation, except for a duty to accept court appointments, unless good cause
to decline representation.
Describe a lawyer's ability to advise in relation to future crime or fraud. - CORRECT
ANSWERS If the lawyer advises or assists with a crime or fraud, then the lawyer is
subject to both discipline and criminal or civil liability. However, a lawyer may discuss the legal
consequences of any proposed course of conduct with a client and may counsel or assist the
client to make a good-faith effort to determine the validity, scope, meaning, or application of the
law.
Grounds for mandatory withdrawal - CORRECT ANSWERS -If failure to do so would
result in a violation (MR: would result/ethics rules or other laws; CA: knows or should
know/only CA rules).
-If lawyer's health materially impairs representation
-Client's assertion of a claim or defense w/o PC (CA)
-Discharge (MR).
, Grounds for permissive withdrawal - when no harm to client - CORRECT
ANSWERS MR: only if withdrawal would not materially harm client.
CA: lawyer can't withdraw merely b/c it won't materially harm client.
Grounds for permissive withdrawal - even if harm to client - CORRECT ANSWERS Both:
-L reasonably believes C's actions are CRIMINAL/fraudulent (CA: C pursues illegal course of
conduct)
-L has a FUNDAMENTAL DISAGREEMENT with C's course of action (CA: C insists L behave
against L's judgment)
-C makes representation UNREASONABLY DIFFICULT
-C breaches obligation to L regarding expenses/FEES
MR:
- L finds C's actions REPUGNANT
-C uses L's services to perpetrate CRIME/fraud
-Representation causes unreasonable FINANCIAL BURDEN
-Other GOOD CAUSE
Standard for fees - CORRECT ANSWERS MR: must be reasonable.
CA: can't be unconscionable.
Relevant factors for evaluating fees - CORRECT ANSWERS Both:
-Time and labor required
Exam) ACTUAL QUESTIONS AND
CORRECT ANSWERS
Duties owed to Clients - CORRECT ANSWERS California Clients Do Love Fierce
Counsel - Communicate, Confidentiality, Diligence, Loyalty, Fiduciary Duties, Competence
Duties owed to courts and others - CORRECT ANSWERS Courts feel differently -
Candor, Fairness, Dignity/decorum
What is the scope of a lawyer's duty to accept representation? - CORRECT ANSWERS No
duty to accept representation, except for a duty to accept court appointments, unless good cause
to decline representation.
Describe a lawyer's ability to advise in relation to future crime or fraud. - CORRECT
ANSWERS If the lawyer advises or assists with a crime or fraud, then the lawyer is
subject to both discipline and criminal or civil liability. However, a lawyer may discuss the legal
consequences of any proposed course of conduct with a client and may counsel or assist the
client to make a good-faith effort to determine the validity, scope, meaning, or application of the
law.
Grounds for mandatory withdrawal - CORRECT ANSWERS -If failure to do so would
result in a violation (MR: would result/ethics rules or other laws; CA: knows or should
know/only CA rules).
-If lawyer's health materially impairs representation
-Client's assertion of a claim or defense w/o PC (CA)
-Discharge (MR).
, Grounds for permissive withdrawal - when no harm to client - CORRECT
ANSWERS MR: only if withdrawal would not materially harm client.
CA: lawyer can't withdraw merely b/c it won't materially harm client.
Grounds for permissive withdrawal - even if harm to client - CORRECT ANSWERS Both:
-L reasonably believes C's actions are CRIMINAL/fraudulent (CA: C pursues illegal course of
conduct)
-L has a FUNDAMENTAL DISAGREEMENT with C's course of action (CA: C insists L behave
against L's judgment)
-C makes representation UNREASONABLY DIFFICULT
-C breaches obligation to L regarding expenses/FEES
MR:
- L finds C's actions REPUGNANT
-C uses L's services to perpetrate CRIME/fraud
-Representation causes unreasonable FINANCIAL BURDEN
-Other GOOD CAUSE
Standard for fees - CORRECT ANSWERS MR: must be reasonable.
CA: can't be unconscionable.
Relevant factors for evaluating fees - CORRECT ANSWERS Both:
-Time and labor required
