CRPC YOU GOT THIS STUDY CARDS
ACTUAL EXAMINATION 2026 QUESTIONS
WITH ANSWERS GRADED A+
⫸ Reporting Professional Misconduct Answer: CA attorneys must "self-
report" for an exclusive list of specific incidents. CA attorneys have no
obligation to report on other attorneys. MR lawyers must report
misconduct of other attorneys, if the misconduct raises a "substantial
question" about lawyer's "honesty, trustworthiness or fitness as a
lawyer." Compare MR 8.3 with B&P 6068(o)(1-7).
⫸ Written fee agreements Answer: Contingency agreements in CA and
MR must be in writing (MR 1.5(c)—signed by client only. B&P 6147---
signed by client and attorney). CA requires a written agreement in any
case where costs and fees are expected to exceed $1,000. B&P 6148. In
non-contingency fee cases under Model Rules, there is no requirement
of writing, though it is preferred. MR 1.5(b).
⫸ Referral fees to non-affiliated lawyers Answer: Traditional referral
fees to a referring lawyer are allowed in CA. Model rules do not allow
referral fees. Under MR, a referring lawyer can only be paid in
proportion to the services performed on that matter or joint
responsibility. Compare MR 1.5(e) and Comment [7] with CRPC 1.5.1.
Note that rules require disclosure and consent to client; CA also requires
a written agreement between the lawyers about the fee splitting.
⫸ Advancing money to clients in connection to pending or
contemplated litigation: Answer: Under the MR, lawyers can only
, advance clients money to cover court costs and fees. In CA, lawyers
(after employment) can loan clients money for personal expenses or any
purpose so long as a promise to repay is in writing and they follow the
doing business with clients rule. Compare MR 1.8(e) with CRPC 1.8.5
and CRPC 1.8.1
⫸ Returning Client Papers if client hasn't paid bill Answer: Under MR,
the atty may keep them if permitted by local law and if it won't damage
client's interests. MR 1.16(d). In California, the atty must return papers
whether client has paid for them or not. CRPC 1.16 (e)(1).
⫸ Trial lawyer as witness Answer: Under MR, lawyer can only testify
as to non-contested matter, fees, or if not testifying creates a substantial
hardship to client. In CA, lawyer can testify as to a non-contested matter,
fees, or on any issue if client consents in writing. Compare MR 3.7(a)
with CRPC 3.7 (a) (3).
⫸ Prospectively limiting liability Answer: MR 1.8 (h) says that a client
must be represented by independent counsel before signing an
agreement with a lawyer saying "I will not sue you for malpractice," i.e.,
prospectively limiting liability. CRPC 1.8.8 absolutely prohibits
prospectively limiting liability.
⫸ Disclosure of errors and omissions insurance Answer: CA lawyers
must disclose to clients in writing if they do not carry malpractice
insurance, if they anticipate providing more than four hours of services.
Also, if during the representation the lawyer decided not to continue
carrying malpractice insurance, the lawyer must notify existing clients.
CRPC 1.4.2. There is no MR requirement.
ACTUAL EXAMINATION 2026 QUESTIONS
WITH ANSWERS GRADED A+
⫸ Reporting Professional Misconduct Answer: CA attorneys must "self-
report" for an exclusive list of specific incidents. CA attorneys have no
obligation to report on other attorneys. MR lawyers must report
misconduct of other attorneys, if the misconduct raises a "substantial
question" about lawyer's "honesty, trustworthiness or fitness as a
lawyer." Compare MR 8.3 with B&P 6068(o)(1-7).
⫸ Written fee agreements Answer: Contingency agreements in CA and
MR must be in writing (MR 1.5(c)—signed by client only. B&P 6147---
signed by client and attorney). CA requires a written agreement in any
case where costs and fees are expected to exceed $1,000. B&P 6148. In
non-contingency fee cases under Model Rules, there is no requirement
of writing, though it is preferred. MR 1.5(b).
⫸ Referral fees to non-affiliated lawyers Answer: Traditional referral
fees to a referring lawyer are allowed in CA. Model rules do not allow
referral fees. Under MR, a referring lawyer can only be paid in
proportion to the services performed on that matter or joint
responsibility. Compare MR 1.5(e) and Comment [7] with CRPC 1.5.1.
Note that rules require disclosure and consent to client; CA also requires
a written agreement between the lawyers about the fee splitting.
⫸ Advancing money to clients in connection to pending or
contemplated litigation: Answer: Under the MR, lawyers can only
, advance clients money to cover court costs and fees. In CA, lawyers
(after employment) can loan clients money for personal expenses or any
purpose so long as a promise to repay is in writing and they follow the
doing business with clients rule. Compare MR 1.8(e) with CRPC 1.8.5
and CRPC 1.8.1
⫸ Returning Client Papers if client hasn't paid bill Answer: Under MR,
the atty may keep them if permitted by local law and if it won't damage
client's interests. MR 1.16(d). In California, the atty must return papers
whether client has paid for them or not. CRPC 1.16 (e)(1).
⫸ Trial lawyer as witness Answer: Under MR, lawyer can only testify
as to non-contested matter, fees, or if not testifying creates a substantial
hardship to client. In CA, lawyer can testify as to a non-contested matter,
fees, or on any issue if client consents in writing. Compare MR 3.7(a)
with CRPC 3.7 (a) (3).
⫸ Prospectively limiting liability Answer: MR 1.8 (h) says that a client
must be represented by independent counsel before signing an
agreement with a lawyer saying "I will not sue you for malpractice," i.e.,
prospectively limiting liability. CRPC 1.8.8 absolutely prohibits
prospectively limiting liability.
⫸ Disclosure of errors and omissions insurance Answer: CA lawyers
must disclose to clients in writing if they do not carry malpractice
insurance, if they anticipate providing more than four hours of services.
Also, if during the representation the lawyer decided not to continue
carrying malpractice insurance, the lawyer must notify existing clients.
CRPC 1.4.2. There is no MR requirement.
