适用于 2027年2月 · 2027年7月 · 2028年2月 · 2028年7月 起改为 NextGen

PRCA作文占考试的 98%

律师职业道德

Professional Responsibility

ABA 职业行为示范规则与加州职业行为规则:利益冲突、保密、收费、胜任和坦诚义务。几乎每个加州论述题考试日都会考。

1 章1 小时的阅读时间15 练习题


章节

  1. 1Sources, Discipline and Forming the RelationshipThe foundation of Professional Responsibility for the California essay: the ABA Model Rules, the California Rules of Professional Conduct and the State Bar Act; how the State Bar disciplines lawyers and how discipline differs from malpractice; when a lawyer-client relationship forms and what a lawyer owes a prospective client; who decides what in a representation, limited-scope work and advice about illegal conduct, including California’s cannabis comment; the statutory duties in B&P § 6068, including the 30-day self-report; and the ABA-then-California method for every PR essay.免费

加州有何不同

摘自第 1 章

CA加州差异

Prospective clients: ABA versus California

一般规则(联邦 / 多数州)

MR 1.18(c) disqualifies the lawyer only if the information could be significantly harmful to the prospective client. Both persons must give informed consent, confirmed in writing.

加州

CRPC 1.18(c) disqualifies the lawyer if the information is confidential under B&P § 6068(e) and rule 1.6 and is material to the matter. Both persons must give informed written consent.

“Material” is a lower bar than “significantly harmful”, so California disqualifies more often. Apply both tests.

CA加州差异

Illegal conduct and the cannabis comment

一般规则(联邦 / 多数州)

MR 1.2(d) bars counseling or assisting conduct the lawyer knows is criminal or fraudulent. It has no special provision for a conflict between state and federal law.

加州

CRPC 1.2.1 also bars conduct the lawyer knows violates any law, rule or ruling of a tribunal. Its comment addresses California law that conflicts with federal law, such as state-licensed cannabis. The lawyer may advise on and help with compliance, but must also explain the federal law.

For a cannabis client, write: permitted under CRPC 1.2.1 and its comment, if the lawyer advises about federal law. Under MR 1.2(d) alone, note the risk: the conduct is a federal crime, and the ABA text has no exception.

CA加州差异

Exceptions to confidentiality

一般规则(联邦 / 多数州)

MR 1.6(b) lists several permissive exceptions. The lawyer may disclose to prevent reasonably certain death or substantial bodily harm. The lawyer may also disclose to prevent or remedy some client crimes or frauds that use the lawyer’s services, to get ethics advice, or for self-defense.

加州

Apart from client consent, B&P § 6068(e)(2) and CRPC 1.6(b) allow disclosure only to prevent a criminal act likely to cause death or substantial bodily harm. Before disclosing, if reasonable, the lawyer must try to dissuade the client and tell the client of the decision to disclose (CRPC 1.6(c)).

California has no financial-fraud exception. If a client’s fraud will cost a victim money, the ABA lawyer may sometimes disclose; the California lawyer may not. Chapter 3 covers the details.


视频课

Robert Castellano

律师职业道德讲师

Former State Bar ethics counsel; discipline-defense practice; legal-ethics adjunct.

我们的讲师都是人工智能语音教学角色;肖像是插图。

正在录制 律师职业道德 的视频课程。


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