CAS Bar CAS Professional Responsibility and Ethics 2

Question 1

Under the California Rules of Professional Conduct, an attorney who simultaneously represents a buyer and seller in the same real estate transaction must at minimum:

Accepted Answer

Obtain informed written consent from both clients after full disclosure of all relevant circumstances

Answer

Charge a flat fee to eliminate any financial conflict

Answer

File a dual-representation notice with the State Bar

Answer

Appoint a neutral third-party arbitrator to oversee the transaction

Question 2

Contingency fee arrangements are expressly prohibited by professional responsibility rules in which type of case?

Accepted Answer

Criminal defense cases

Answer

Commercial breach of contract litigation

Answer

Personal injury lawsuits

Answer

Civil rights actions under 42 U.S.C. § 1983

Question 3

Attorney Z currently represents a corporation and is asked to represent the CEO personally in an unrelated breach of contract dispute. The attorney should:

Accepted Answer

Conduct a conflict check and obtain informed written consent from both the corporation and the CEO if a conflict exists

Answer

Accept the case immediately since the matters are factually unrelated

Answer

Accept only if the CEO pays an enhanced retainer above the corporate rate

Answer

Automatically decline because representing both a corporation and its officer is always prohibited

Question 4

Under California Business and Professions Code section 6148, an attorney-client fee agreement generally must be in writing when the total fees and costs are reasonably expected to exceed:

Accepted Answer

$1,000

Answer

$500

Answer

$2,500

Answer

$5,000

Question 5

Which of the following is NOT a factor considered in determining whether an attorney's fee is reasonable under the California Rules of Professional Conduct?

Accepted Answer

The attorney's personal financial debts and obligations

Answer

Time and labor required to perform the legal service

Answer

Complexity of the legal issues involved

Answer

The experience, reputation, and ability of the attorney

Question 6

Two co-defendants charged with first-degree murder discover mid-trial that their defenses are directly antagonistic—each pointing to the other as the sole perpetrator. The attorney representing both must:

Accepted Answer

Withdraw from representing at least one of the defendants

Answer

Continue representation with written court approval of the conflict waiver

Answer

Move for a continuance until both defendants retain independent counsel

Answer

Allow each defendant to independently control their own portion of the defense strategy

Question 7

Under California RPC 1.5.1, a lawyer may divide fees with a lawyer from a different firm if:

Accepted Answer

There is a written fee-division agreement signed by the client and each lawyer, and the total fee is not increased solely by reason of the division

Answer

The State Bar approves the fee-sharing arrangement in advance

Answer

Both lawyers have worked substantially equal hours on the matter

Answer

The referring attorney formally assumes no responsibility for the outcome of the matter