California Bar Professional Responsibility Long-Form Practice Test

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What must a lawyer do if they know a client is acting without probable cause?

Seek additional clients to mitigate risks

Mandatory withdrawal from the case

When a lawyer knows that a client is acting without probable cause, the appropriate course of action is to withdraw from the case. This is based on the ethical obligation that lawyers have to avoid assisting clients in committing acts that are unethical or illegal. If a lawyer continues to represent a client who is pursuing a frivolous or baseless claim, they may be held liable for assisting in the misconduct and could face disciplinary action.

Mandatory withdrawal is necessary to maintain the integrity of the legal profession and to uphold the ethical standards established by the California Rules of Professional Conduct. A lawyer's duty is to provide competent representation, which includes advising clients against actions that lack lawful or factual basis. Thus, when a client insists on proceeding with a matter that the lawyer knows has no probable cause, the lawyer must withdraw to ensure that they are not complicit in the client's misconduct.

The other choices do not align with the ethical obligations of a lawyer. Seeking additional clients does not address the issue of the current representation. Ignoring the client's intentions and proceeding undermines the lawyer's responsibility to act ethically. Filing a complaint against the client does not resolve the situation and may not be appropriate or necessary, as the lawyer's primary obligation is to withdraw from the representation if they recognize the client

Ignore client intentions and proceed

File a complaint against the client

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