Sources, Discipline and Forming the Relationship

परीक्षा टिप

Name the source in every rule sentence: “Under ABA Model Rule 1.18 …” and then “Under California Rule 1.18 …”. Graders look for both authorities in a PR answer.

तत्वों

The sanctions, from least to most serious

After it finds a violation, the State Bar Court imposes or recommends one of these:

1. 1.Private reproval: a written censure; the least serious form of discipline.
2. 2.Public reproval: a written censure that becomes part of the public record.
3. 3.Probation: conditions the lawyer must meet, often attached to a stayed suspension.
4. 4.Suspension: the lawyer may not practice for a period; the suspension may be stayed or actual.
5. 5.Disbarment: the license is taken away; the lawyer may later apply for reinstatement.

कोई भी पर्याप्त है.

मुख्य बिंदु

One act can lead to discipline, a malpractice claim and disqualification. Each has its own forum and its own test, so analyze the duty first and the consequences last.

मुख्य नोट्स

1. 1.The ABA Model Rules are a model; California courts treat them as persuasive only.
2. 2.The CRPC (effective November 1, 2018) and the State Bar Act bind California lawyers.
3. 3.The Office of Chief Trial Counsel prosecutes, the State Bar Court hears, and the Supreme Court orders suspension or disbarment.
4. 4.B&P § 6106 reaches moral turpitude, dishonesty or corruption, in or outside practice.
5. 5.MR 8.4(b)–(c) and CRPC 8.4 reach crimes that reflect on fitness, and dishonest conduct.
6. 6.Discipline protects the public and needs no harm; malpractice compensates and needs damages.

तत्वों

Three ways a relationship begins

Restatement § 14 describes three routes; any one is enough:

1. 1.Agreement: The person asks for legal services, and the lawyer agrees to provide them.
2. 2.Reliance: The lawyer fails to decline while knowing, or having reason to know, that the person reasonably relies on the lawyer.
3. 3.Appointment: A court with the power to do so appoints the lawyer.

कोई भी पर्याप्त है.

मामला

Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W.2d 686 (Minn. 1980) (Supreme Court of Minnesota 1980)

तत्वों

When the lawyer may not act against a prospective client

The lawyer may not represent a new client against the prospective client if all three are true:

1. 1.The new client is materially adverse to the prospective client.
2. 2.The matter is the same or substantially related.
3. 3.The lawyer received information that could be significantly harmful (ABA) or that is material to the matter (California).

सभी तत्व आवश्यक.

काल्पनिक

The dinner-party conversation

At a dinner party, Ana learns that another guest, Cara, is a family lawyer. Cara gives Ana her business card. Ana takes Cara aside for 15 minutes and describes her divorce. She says her husband, Ben, hides money in an overseas account, and she explains how she found his bank records. She also names the judge she hopes to avoid. Cara asks follow-up questions, writes notes on a napkin, and never tells Ana to stop. Cara says, “You have a strong case. Call my office on Monday.” Ana hires another firm instead. Two months later, Ben asks Cara to represent him in the same divorce.

May Cara represent Ben? Answer according to California and ABA authorities.

परीक्षा टिप

When the facts show a short meeting, a phone call or a social conversation, write a formation heading first. Every later duty depends on it.

मुख्य नोट्स

1. 1.A relationship forms by agreement, by reliance the lawyer does not correct, or by appointment.
2. 2.No fee, writing or signature is needed; California’s writing rules affect only the fee.
3. 3.A prospective client’s information stays confidential even if no hiring follows.
4. 4.Acting against a prospective client is barred if the information could significantly harm (ABA) or is material (California).
5. 5.Cure: consent from both persons, or a timely screen plus prompt written notice, if the lawyer limited what she heard.

स्मृति सहायक

The five named decisions that always belong to the client: four from Rule 1.2(a), plus the decision to appeal from Jones v. Barnes.

मामला

McCoy v. Louisiana, 584 U.S. 414 (2018) (U.S. Supreme Court 2018)

परीक्षा टिप

When a client and a lawyer disagree, classify the decision first: objective or means. Then say who decides, citing MR 1.2(a) and CRPC 1.2(a). If the lawyer acted without authority, add discipline and possible malpractice. Scope was tested on 9 of the last 50 exams.

मुख्य बिंदु

The client decides where the matter goes; the lawyer decides how to get there, after consulting the client.

मुख्य नोट्स

1. 1.The client decides objectives: settle, plea, jury waiver, testify and appeal (S-P-J-T-A).
2. 2.The lawyer chooses means and tactics after consulting the client (Jones v. Barnes).
3. 3.Conceding guilt over the client’s objection violates the Sixth Amendment (McCoy).
4. 4.A limited scope needs a reasonable limit and informed consent; California adds “not prohibited by law”.
5. 5.CRPC 1.2.1 is broader than MR 1.2(d), and its comment permits advice on California cannabis law with federal warnings.

क़ानूनCA

Cal. Bus. & Prof. Code § 6068

B&P § 6068(a)–(d): general duties (paraphrase)

An attorney must (a) support the Constitution and laws of the United States and of California; (b) maintain respect for the courts and judicial officers; (c) bring or defend only actions that appear legal or just, except in defending a person charged with a crime; and (d) use only means “consistent with truth”, and never try to mislead a judge by a false statement of fact or law.

क़ानूनCA

Cal. Bus. & Prof. Code § 6068(e)

B&P § 6068(e): confidentiality (paraphrase with short quotation)

Subdivision (e)(1) requires an attorney to maintain client confidences and, “at every peril to himself or herself”, to preserve the client’s secrets. Subdivision (e)(2) is the only statutory exception; client consent also permits disclosure (CRPC 1.6(a)). The attorney may, but need not, reveal the information when the attorney reasonably believes it necessary to prevent a criminal act likely to result in the death of, or substantial bodily harm to, an individual.

क़ानूनCA

Cal. Bus. & Prof. Code § 6068(m)

B&P § 6068(m): communication (paraphrase)

An attorney must respond promptly to reasonable status inquiries from clients, and must keep clients reasonably informed of significant developments in matters that the attorney has agreed to handle.

तत्वों

The reportable events under § 6068(o)

Report in writing within 30 days of knowing of any of these:

1. 1.(o)(1): Three or more lawsuits in 12 months against the lawyer for malpractice or other professional wrongdoing.
2. 2.(o)(2): A civil judgment against the lawyer for fraud, misrepresentation, breach of fiduciary duty or gross negligence as a lawyer.
3. 3.(o)(3): Judicial sanctions against the lawyer, except discovery sanctions and money sanctions under $1,000.
4. 4.(o)(4): An indictment or information charging the lawyer with a felony.
5. 5.(o)(5): A felony conviction, including a guilty verdict or a guilty or no contest plea.
6. 6.(o)(5): A misdemeanor conviction if the crime occurred in practice, had a client as victim, or involves dishonesty or other moral turpitude.
7. 7.(o)(6): Discipline by another professional licensing body, in California or elsewhere.
8. 8.(o)(7): Reversal of a judgment because of the lawyer’s misconduct, grossly incompetent representation or willful misrepresentation.

कोई भी पर्याप्त है.

मामला

In re Kelley, (1990) 52 Cal.3d 487 (California Supreme Court 1990)

टिप्पणी

Tested in July 2026

The July 2026 PR essay included a lawyer who pleaded guilty to misdemeanor drunk driving and told no one. Start with § 6068(o)(5): did the crime occur in practice, harm a client, or involve dishonesty? Then ask whether the conviction supports discipline under § 6101 or under Kelley. For the ABA half, use MR 8.4(b): a single drunk-driving offense rarely reflects on fitness, but a pattern can. CRPC 8.4(b) is the same.

परीक्षा टिप

When the facts mention a lawsuit against the lawyer, a sanction, an arrest or a conviction, check § 6068(o). Write the 30-day rule, name the matching event, and conclude whether the lawyer had to self-report.

मुख्य नोट्स

1. 1.B&P § 6068 adds statutory duties: legal or just actions, truthful means, confidentiality and communication.
2. 2.§ 6068(e) protects secrets “at every peril”; its only exception is a criminal act likely to cause death or substantial bodily harm.
3. 3.§ 6068(m) requires prompt answers to status inquiries and updates on significant developments.
4. 4.§ 6068(o) requires a written self-report within 30 days of listed events, such as a felony charge.
5. 5.§ 6101 makes convictions involving moral turpitude a cause for discipline; Kelley reaches other convictions. The ABA uses MR 8.4(b).

तत्वों

Seven steps for every PR issue

Work through the facts in time order. For each act by the lawyer:

1. 1.1: Identify the act: what did the lawyer do, or fail to do?
2. 2.2: Name the duty: loyalty, confidentiality, competence, communication, fees, candor, or another duty.
3. 3.3: State the ABA Model Rule, with its number.
4. 4.4: State the California rule and any B&P section, with their numbers.
5. 5.5: Apply the facts to each rule, starting with “Here, …”.
6. 6.6: Compare: is the result the same or different? Say why in one sentence.
7. 7.7: State the consequence: discipline, disqualification, loss of the fee, or malpractice exposure.

कोई भी पर्याप्त है.

स्मृति सहायक

Say A-C-D under every heading. It keeps you from forgetting the half of the answer that the call demands.

IRAC

मुद्दा

Whether [lawyer] violated the duty of [duty] by [act].

नियम

Under ABA Model Rule [number], a lawyer must [rule in plain words]. Under California Rule of Professional Conduct [number], [the same rule applies / state the California difference]. B&P § [section] also requires [statutory duty], if it applies.

आवेदन

Here, [lawyer] [did the act, with the key facts]. Under the ABA rule, [apply each element to the facts]. [Lawyer] will argue that [the best argument for the lawyer]. However, [why that argument fails or succeeds]. Under the California rule, [the analysis is the same / apply the different element]. [If a B&P section applies: [Lawyer] also violated § [section] because [facts].]

निष्कर्ष

Therefore, [lawyer] [violated / did not violate] the duty of [duty] under the ABA rules, and [the same / a different] result follows in California. [Lawyer] is subject to [discipline / disqualification / civil liability].

परीक्षा टिप

Spend about 15 of your 60 minutes reading and outlining. In the outline, list each act and the duty it raises. A PR answer that covers every issue briefly usually scores better than one that analyzes a single issue in depth.

मुख्य बिंदु

For every act: duty, ABA rule, California rule, application, comparison, consequence. Use the same order every time.

मुख्य नोट्स

1. 1.Organize by duty, and use the lawyer’s act as a subheading.
2. 2.Under each heading: ABA rule, California rule and B&P section, application, comparison.
3. 3.If the rules agree, write one sentence for California; if they differ, apply California separately.
4. 4.End each issue with “Therefore” and the consequence for the lawyer.

अभ्यास · MBE

अभ्यास · MBE

अभ्यास · MBE

अभ्यास · MBE

काल्पनिक

Mini-essay: “Send me the papers”

Dan, a California lawyer, has dinner with his old friend Fay. Fay says that her surgeon left a sponge inside her during an operation 5 months ago, and she still has pain. Dan says, “That sounds like a good case. Send me your medical records and I’ll look at them.” The next day Fay emails the records. Dan replies, “Got them. I’ll be in touch.” A week later, a coworker offers Fay the name of another lawyer. Fay says, “No need. My friend Dan is handling it.” Dan puts the file in a drawer and forgets about it. He never enters the matter in his calendar. Fay calls Dan twice over the next year, and he does not return either call. He never tells her that he has not agreed to represent her. Fourteen months after the dinner, a second lawyer tells Fay that the time to sue the surgeon has expired. Dan never signed a fee agreement with Fay, and she never paid him.

What ethical violations, if any, has Dan committed? Answer according to California and ABA authorities.

मुख्य नोट्स

Chapter 1 in six points

1. 1.Answer PR under ABA and California authorities: the CRPC plus the State Bar Act.
2. 2.Discipline protects the public and malpractice compensates clients; one act can trigger both.
3. 3.A relationship can form without a fee or a writing when the client reasonably relies.
4. 4.Prospective clients get confidentiality and conflict protection; California’s “material” test is stricter.
5. 5.Clients decide objectives and settlement; lawyers choose means after consulting; CRPC 1.2.1 covers illegal conduct.
6. 6.B&P § 6068 adds statutory duties, including the 30-day self-report in subdivision (o).