California Professional Respomsibility Flashcards
Understand the general principles of ethics (California).
Ethics in the legal profession involve adhering to rules and standards that govern the conduct of lawyers, including honesty, integrity, and fairness.
Identify key distinctions between the California Rules of Professional Conduct and the ABA Model Rules (California).
California’s Rules of Professional Conduct are enforced by California statute and court rulings, whereas the ABA Model Rules serve as guidelines without legal effect unless adopted by state bar associations.
Evaluate and analyze heavily tested topics in California Professional Responsibility fact-patterns (California).
Heavily tested topics include duties of competence, confidentiality, loyalty, conflicts of interest, and misconduct, among others.
General principles of ethics (California).
Ethics involve rules and standards governing the conduct of lawyers to ensure honesty, integrity, and fairness.
Governance of lawyer conduct in California (California).
Lawyer conduct is governed by the California Rules of Professional Conduct and California statute.
Guidance from ABA Model Rules (California).
The ABA Model Rules provide guidance but no legal effect unless adopted by state bars.
Powers of Courts in lawyer discipline (California).
Applications for admission or reinstatement are filed with the State Bar Court, with the California Supreme Court having the ultimate power to disbar or suspend lawyers.
Willful violation of CRPC (California).
A willful violation of any rule is a basis for discipline, interpreted as the lawyer intending the act, not necessarily knowing it was a violation.
Duty to cooperate during Bar admission (California).
Applicants must not make false statements of material fact during their own or another person’s application.
Misconduct rules under Model Rule 8.4 and CRPC Rule 8.4 (California).
It is professional misconduct to violate rules, commit criminal acts reflecting poorly on fitness as a lawyer, or engage in dishonest or prejudicial conduct.
Prohibited discrimination under CRPC Rule 8.4.1 (California).
California prohibits harassment, discrimination, and retaliation based on protected characteristics such as race, gender, sexual orientation, and more.
Multijurisdictional Practice restrictions under Model Rule 5.5 and CRPC Rule 5.5 (California).
Lawyers must not practice law in jurisdictions where they are not admitted, with specific temporary exceptions allowed.
Vicarious responsibility in law firms under Model Rule 5.1 and CRPC Rule 5.1 (California).
Lawyers with managerial authority must ensure firm compliance with rules and are responsible for violations if they fail to take remedial action.
Conditions for the sale of a law practice under Model Rule 1.17 and CRPC 1.17 (California).
All or substantially all of a practice can be sold if fees are not increased and clients are notified with their rights to choose counsel or retrieve materials.
Advertising and misleading communications under Model Rule 7.1 and CRPC 7.1 (California).
Lawyers cannot make false or misleading communications about their services.
Prohibited direct contact solicitations under Model Rule 7.3 and CRPC Rule 7.3 (California).
Direct contact for client solicitation is prohibited unless the person contacted is a lawyer or has a prior relationship with the contacting lawyer.