CALIFORNIA PROFESSIONAL RESPONSIBILITY — BAR ONE-SHEET (ELEMENTS & MNEMONICS)
Lean California issue-spotting checklist — elements and mnemonics only. Pair with the full California Professional Responsibility Master Outline for depth, then practice timed essays at BarExamNextGen.
KEY PRINCIPLE #1 — CONFIDENTIALITY (CA'S BIGGEST DEVIATION — FLAG FIRST)
- CRPC 1.6 + Bus. & Prof. Code §6068(e): duty to maintain client confidences is nearly ABSOLUTE in California.
- ONLY discretionary exception: attorney MAY (not must) reveal to prevent a criminal act reasonably certain to result in DEATH or substantial bodily harm.
- NO crime-fraud / financial-harm exception like ABA 1.6(b) — California does NOT permit disclosure to prevent or rectify financial fraud.
- Before disclosing, attorney should, if reasonable, try to persuade the client not to act (Rule 1.6 cmt).
KEY PRINCIPLE #2 — CONFLICTS OF INTEREST
- CRPC 1.7 current clients: direct adversity OR material limitation → need informed WRITTEN consent (CA requires the writing; ABA allows oral confirmed in writing).
- CRPC 1.9 former client: no substantially related adverse matter without informed written consent.
- CRPC 1.10 imputation; screening permitted for laterals (Rule 1.10(a)(2)).
- "Informed written consent" defined in Rule 1.0.1(e-1).
KEY PRINCIPLE #3 — BUSINESS DEALINGS & GIFTS WITH CLIENTS
- CRPC 1.8.1 business transaction with client: terms fair + fully disclosed in writing + advise to seek independent counsel + client's informed written consent.
- CRPC 1.8.3 gifts: no soliciting substantial gift / preparing instrument giving lawyer a gift unless related (mirrors Prob. §21380).
- CRPC 1.8.8 prospective limitation of malpractice liability: prohibited unless client independently represented; no settling malpractice claim with unrepresented/former client without advising in writing to seek counsel.
- CRPC 1.8.10: NO sexual relations with a current client (unless pre-existing consensual relationship) — California bright-line ban.
KEY PRINCIPLE #4 — FEES (CALIFORNIA WRITING STATUTES)
- CRPC 1.5: no unconscionable fee (CA standard, not merely "unreasonable").
- §6148: hourly/non-contingent fee over $1,000 must be in writing (terms, basis, nature of services).
- §6147: contingency fee must be a signed writing — rate, how computed, costs effect, that fee is negotiable.
- Violation → agreement voidable by client; lawyer recovers reasonable fee only.
- CRPC 1.5.1 fee splitting with another firm: written disclosure + client's written consent; total not unconscionable (CA does NOT require proportionality to work).
KEY PRINCIPLE #5 — CLIENT FUNDS / TRUST ACCOUNTING
- CRPC 1.15: client funds in trust (CTA); never commingle; keep records; pay promptly.
- IOLTA required for nominal/short-term funds; interest to State Bar legal-services fund.
- CTAPP (Client Trust Account Protection Program): California-specific annual registration + self-assessment/compliance certification of trust accounts.
KEY PRINCIPLE #6 — REPORTING & NO ABA 8.3 DUTY
- California has NO Rule 8.3 — there is generally NO duty to report another lawyer's misconduct (key MBE-vs-CA trap).
- §6068(o) SELF-reporting duties: lawyer must report own sanctions, malpractice settlements/judgments, certain criminal charges, etc. to the State Bar.
- Duty NOT to assist unauthorized practice (Rule 5.5); supervisory duties (5.1/5.3).
KEY PRINCIPLE #7 — CANDOR, COMPETENCE & WITHDRAWAL
- CRPC 1.1 competence; 1.3 diligence (CA added explicit diligence rule).
- CRPC 3.3 candor to tribunal: no false statements; remedial duty for false evidence.
- CRPC 1.16 mandatory withdrawal (violation of rules/law, lawyer's impairment) vs permissive; protect client on exit, return files/unearned fees.
- §6068 general duties: support Constitution, maintain respect, never mislead a judge, counsel only legal actions.
KEY PRINCIPLE #8 — ADVERTISING & SOLICITATION
- CRPC 7.1–7.3: no false/misleading communications; no in-person/live solicitation for pecuniary gain (exceptions: lawyers, family, prior professional relationship).
- Retain advertising records; "advertisement" labeling per CA standards.
KEY PRINCIPLE #9 — SCOPE, COMMUNICATION & THE ORGANIZATION CLIENT
- CRPC 1.2: client decides objectives (settle, plead, testify, waive jury); lawyer decides means; no assisting crime/fraud.
- CRPC 1.4: keep client reasonably informed; promptly communicate settlement offers.
- CRPC 1.13 entity client: lawyer represents the ORGANIZATION, not constituents; report wrongdoing up the ladder (CA does NOT permit reporting OUT to p
ADDITIONAL HIGH-YIELD POINTS
Mandatory Fee Arbitration (MFAA). §6200 et seq. — if a client requests arbitration of a fee dispute, the lawyer MUST submit; arbitration is mandatory for the lawyer but voluntary for the client. CA-specific; no ABA analog.
Prospective Clients (CRPC 1.18). A consultation creates duties even with no engagement — protect that person’s confidences and avoid adverse representation in the same matter; screening can cure imputation if the lawyer took reasonable steps to limit exposure. “Would-be client” gets near-client confidentiality.
Lawyer as Witness (CRPC 3.7). A lawyer who is likely a witness generally can’t act as advocate at trial without informed written client consent (CA adds the writing); narrow exceptions for uncontested matters or fee value. Another firm lawyer may still try the case. CA requires informed WRITTEN consent.
Communicating With Represented & Unrepresented Persons (CRPC 4.2 / 4.3). No contact with a person you know is represented in the matter without that lawyer’s consent; with an unrepresented person, don’t state or imply you are disinterested and correct any misunderstanding. “No-contact rule” + don’t pose as neutral.
Third-Party Payment (CRPC 1.8.6). A lawyer may accept fees from someone other than the client only with informed written consent, no interference with independence/judgment, and confidentiality protected. “Who pays doesn’t direct.”
Aggregate Settlements (CRPC 1.8.7). When settling for multiple clients together, each must give informed written consent after disclosure of all claims, amounts, and participants. Every client sees every share.
Government & Former-Government Lawyers (CRPC 1.11). A former government lawyer can’t work on a matter in which she participated personally and substantially in public service (screening can cure the firm’s imputation); restrictions on revolving-door employment and confidential government information. Personal & substantial participation = the trigger.
Prosecutor’s Special Duties (CRPC 3.8). Charge only on probable cause, timely disclose exculpatory evidence, protect the accused’s rights; mirrors Brady. The minister-of-justice duties.
Duty NOT to Mislead the Judge (§6068(d)). Beyond CRPC 3.3, the State Bar Act independently forbids misleading a judge or judicial officer by false statement of fact or law. Statutory candor duty layered on top of the Rules.
Confidentiality Survives — No Self-Defense Fraud Exception. CA permits disclosure only in a dispute between lawyer and client (fee/malpractice/charge defense), NOT to rectify a client’s financial fraud. Reinforces §6068(e): no ABA 1.6(b)(2)–(3) crime-fraud carve-out.
Duty of Loyalty to Reject Conflicting Employment. §6068(e) pairs with the duty to maintain inviolate the client’s confidence; even consented conflicts fail if a reasonable lawyer couldn’t competently represent both. Some conflicts are non-consentable in CA.
Safekeeping & File Return (CRPC 1.15 / 1.16(e)). On termination the lawyer must promptly return the client’s file and papers and any unearned fee, regardless of any fee dispute. The file belongs to the client.
Reporting OUT Barred for Entity Clients (CRPC 1.13). CA requires reporting wrongdoing UP the corporate ladder but, unlike ABA 1.13(c), does NOT permit reporting OUT to authorities. Up-the-ladder only; no whistleblowing out.
Advertising Specifics (CRPC 7.1–7.5). No false/misleading claims, no improper testimonials/guarantees implying results, no “specialist” unless State Bar certified, retain copies of communications; in-person/live solicitation for profit barred except with lawyers, family, or prior professional relationships. “No guarantees, no fake specialist, no live chase.”
Competence & Technology / MCLE. Competence (CRPC 1.1) includes the duty to keep abreast of changes, including relevant technology; lawyers must complete CA MCLE to stay active. Tech competence is part of CA competence.
★ ONE-LINE ATTACK ORDER
Identify the duty → source (CRPC + State Bar Act, contrast ABA) → confidentiality (§6068(e)/Rule 1.6 — DEATH or substantial bodily harm only) → conflicts (informed WRITTEN consent) → fees (§6147/§6148 writings) → candor/fairness → advertising → withdrawal → discipline. (CA has NO duty to report another lawyer.)