CA Certified Specialist — Legal Malpractice Law

Which combination correctly states the four essential elements a plaintiff must prove in a California legal malpractice action?

• AContract, breach, reliance, damages
• BDuty, breach, causation, damages
• CPrivity, negligence, foreseeability, harm
• DRepresentation, error, prejudice, restitution

An attorney consults with a prospective client for one hour but declines the engagement. The prospective client later sues claiming malpractice for advice given in the consultation. Under California law, did the attorney owe a duty?

• ANo — duty arises only after a written retainer agreement is signed
• BYes — a limited duty arises from the consultation if the prospective client reasonably re…
• CNo — duty exists only between paying clients and their attorneys
• DYes — full fiduciary duty attaches to all consultations regardless of outcome

In Mattco Forge, Inc. v. Arthur Young & Co. (1997) 52 Cal.App.4th 820, the California court reaffirmed which doctrine for proving causation in litigation malpractice?

• AThe 'lost chance' doctrine — substantial possibility of better outcome suffices
• BThe 'trial-within-a-trial' doctrine — plaintiff must prove the underlying case would have…
• CThe 'res ipsa loquitur' presumption when an attorney misses a filing deadline
• DThe 'eggshell client' doctrine — defendant takes the client as found

Plaintiff retains attorney to sue for $1 million breach of contract. Attorney negligently lets the statute of limitations run. The underlying defendant was indisputably solvent. To prove damages, what must the plaintiff establish?

• AOnly that the underlying claim had a colorable basis
• BThat the underlying suit would have succeeded AND any judgment would have been collectible
• CThat the attorney filed late, regardless of the underlying merits
• DThat the plaintiff lost the ability to negotiate a settlement

In California, can a non-client ever sue an attorney for malpractice?

• ANever — privity is strictly required
• BYes — under a multi-factor balancing test (Biakanja/Lucas) where the attorney's services…
• COnly when the non-client paid the legal fees
• DOnly in real estate transactions

An attorney drafts a will leaving the entire estate to the testator's nephew. After the testator dies, the will is invalidated because the attorney failed to obtain proper attestation. The nephew sues. Does the nephew have a viable claim?

• ANo — the nephew was not the attorney's client
• BYes — as an intended third-party beneficiary under Lucas v. Hamm
• COnly if the nephew paid for the will
• DOnly if the attorney was paid in advance

Plaintiff alleges that attorney's tactical decision during trial caused an adverse verdict. Which causation standard applies?

• AStrict liability — any tactical error giving rise to a worse outcome is actionable
• BBut-for causation, established via trial-within-a-trial, plus substantial-factor analysis
• CPure foreseeability — was the outcome foreseeable when the tactic was chosen?
• DPer se negligence whenever an attorney loses a trial

Under California malpractice law, who has the burden of proof on each element?

• AThe plaintiff bears the burden by preponderance of the evidence on all four elements
• BThe defendant attorney must disprove negligence by clear and convincing evidence
• CBurden shifts to the defendant once the plaintiff shows representation existed
• DThe State Bar must investigate before any civil suit can proceed

Attorney is hired to file a personal injury lawsuit. Attorney misses the two-year statute of limitations. The client's underlying case had a 30% probability of success, but no actual judgment was lost because the case was never filed. What is the proper measure of damages?

• AThe full demand amount from the underlying case
• BZero, because the underlying case was speculative
• CThe judgment plaintiff would have obtained at trial-within-a-trial, by preponderance
• D30% of the demand amount, applying lost-chance percentages

Which of the following best describes the role of expert testimony on the duty element?

• AExpert testimony is required to establish the existence of an attorney-client relationship
• BExpert testimony is generally not needed to establish duty itself, but is usually require…
• CExpert testimony must come from a retired judge
• DNo expert testimony is permitted on the standard of care

Plaintiff hires attorney for an employment claim. After three months, plaintiff retains a second attorney to take over. The first attorney's alleged negligence is later discovered. Does substitution of counsel cut off causation?

• AYes — substitution always breaks the causal chain
• BNo — successor counsel may be a superseding cause only if the negligence was independent…
• CYes — only if the original attorney was discharged for cause
• DNo — the original attorney is always responsible for all subsequent harm

Under California law, does the attorney-client relationship require a written fee agreement to support a malpractice duty?

• AYes — Business & Professions Code §6148 voids any oral attorney-client relationship
• BNo — the absence of a required written agreement does not eliminate duty; it merely affec…
• CYes — for all matters above $500
• DNo — only contingency fee cases require writings

In Viner v. Sweet (2003) 30 Cal.4th 1232, the California Supreme Court held what regarding causation in transactional malpractice?

• ATransactional malpractice does not require but-for causation
• BPlaintiffs in transactional cases must prove that but for the attorney's negligence, a mo…
• CCausation is presumed once the plaintiff shows attorney negligence
• DTransactional plaintiffs may rely solely on expert opinion about lost negotiating leverage

Plaintiff alleges attorney negligently failed to advise about a tax consequence in a corporate sale. After Viner, what must the plaintiff prove to recover?

• AMerely that competent counsel would have warned of the tax issue
• BThat the plaintiff would have negotiated a specific, achievable, better deal absent the n…
• CThat tax law was unsettled at the time
• DThat the buyer would have walked away

Which of the following is NOT an element of a California legal malpractice claim?

• ADuty
• BBreach
• CBad faith
• DDamages

What is the rule of 'foreseeable plaintiff' in legal malpractice as applied to estate planning?

• AOnly living clients may sue
• BOnly the testator's spouse may sue
• CIntended beneficiaries identified in the testamentary instrument may sue if attorney negl…
• DBeneficiaries can sue only if they paid the legal fee

Attorney withdraws mid-litigation. The client later loses the case while represented by successor counsel and sues the original attorney. The original attorney's role ended six months before judgment. What is the most important causation inquiry?

• AWhether the withdrawal violated RPC 1.16(d)
• BWhether the original attorney's negligence (if any) was a substantial factor in causing t…
• CWhether the successor charged higher fees
• DWhether the client signed a substitution form

Can speculative damages support a California legal malpractice judgment?

• AYes — California allows nominal damages even without proof of harm
• BNo — actual, non-speculative damages must be proven; nominal damages are not available in…
• CYes — but capped at $10,000
• DNo — but punitive damages may substitute

A non-client business partner of a client is harmed when the attorney's advice causes the partnership to fail. Can the partner sue?

• AYes — automatically, as a foreseeable plaintiff
• BGenerally no — the attorney's duty runs to the client, not to opposing-interest non-clien…
• CYes — but only for emotional distress
• DNo — never, under any circumstances

Which California Rule of Professional Conduct is the principal source of the duty of competence?

• ARPC 1.1
• BRPC 1.5
• CRPC 1.7
• DRPC 3.3

Does a violation of the California Rules of Professional Conduct automatically establish civil liability for malpractice?

• AYes — every RPC violation is per se malpractice
• BNo — RPC violations may inform the standard of care but do not create a private cause of…
• CYes — but only Rule 1.1 violations
• DNo — RPC violations may be considered only after a State Bar disciplinary decision

Does California follow a locality rule for the standard of care in legal malpractice?

• AYes — attorneys are judged against the standard of attorneys in the same county
• BNo — California applies a statewide standard for attorneys handling matters of common pra…
• CYes — the federal district standard governs
• DNo — only an international standard governs

Wright v. Williams (1975) 47 Cal.App.3d 802 is most often cited in California legal malpractice for what proposition?

• AThe case-within-a-case requirement
• BThe general requirement of expert testimony to establish the standard of care
• CThe actual-innocence rule
• DThe four-year repose period of CCP §340.6

An attorney who holds himself out as a tax specialist is sued by a former client for routine tax advice. By which standard is the attorney judged?

• AThe standard of any California attorney
• BThe standard of an attorney specializing in tax law
• CThe standard of an enrolled agent
• DThe standard of an unsupervised paralegal

Day v. Rosenthal (1985) 170 Cal.App.3d 1125 is significant for which proposition?

• AEstablishing the actual-innocence rule for criminal malpractice
• BAffirming that an attorney's breach of fiduciary duty and overreaching with a client may…
• CDefining the trial-within-a-trial standard
• DLimiting damages to economic harm only

Are the ABA Model Rules of Professional Conduct binding in California?

• AYes — California has adopted them verbatim
• BNo — the California Rules of Professional Conduct govern, but ABA Model Rules may be pers…
• CYes — but only after July 2025
• DNo — and California courts cannot consider them at all

An attorney is sued for malpractice arising from a missed deadline. The plaintiff offers no expert testimony on breach. Can the case go to a jury?

• AYes — missed deadlines are usually within common knowledge, so expert testimony may not b…
• BNo — every malpractice case requires expert testimony
• CYes — but only if the missed deadline was for a federal filing
• DNo — because the State Bar must first issue findings

RPC 1.4 governs which of the following?

• AFee agreements
• BCommunication with clients
• CTrust account record-keeping
• DMandatory arbitration

A solo practitioner accepts a complex SEC enforcement matter outside her prior experience. What duty does RPC 1.1 impose?

• AShe must immediately decline the case
• BShe must obtain the competence necessary (by study, consultation, or association of exper…
• CShe may accept and learn as she goes without any further obligation
• DShe must charge the client more to cover the learning curve

Smith v. Lewis (1975) 13 Cal.3d 349 is best known for which holding?

• AA family-law attorney is judged by the standard of a family-law specialist where she unde…
• BCriminal-defense attorneys are not subject to malpractice liability
• CReal-estate brokers owe attorneys a duty of care
• DPunitive damages are recoverable in legal malpractice

Under RPC 1.3, an attorney must act with what degree of diligence?

• ABest possible diligence at all times
• BReasonable diligence and promptness in representing a client
• CDiligence equal to that of in-house counsel
• DDiligence proportional to the fee charged

A California attorney represents a client in federal court. Whose ethics rules apply to the attorney's conduct in that federal litigation?

• AOnly the ABA Model Rules
• BThe California Rules of Professional Conduct, supplemented by the local federal court's p…
• CThe rules of the state where the attorney was first admitted
• DNo ethics rules apply in federal court

What is the 'judgmental immunity' principle for attorneys?

• AAttorneys are absolutely immune from suit for any judgment call
• BAttorneys are not liable for honest, informed judgmental decisions on unsettled questions…
• CAttorneys are immune only when representing the government
• DThere is no judgmental-immunity doctrine in California

An expert witness on the standard of care must qualify under California Evidence Code §720. What qualification is most important?

• AMembership in the State Bar of California
• BSpecial knowledge, skill, experience, training, or education sufficient to qualify on the…
• CPossession of a CBLS Certified Specialist designation
• DService as a sitting judge

In a legal malpractice trial, who decides what the standard of care requires?

• AThe judge — as a matter of law
• BThe jury — based on expert testimony and the evidence
• CThe State Bar
• DThe California Supreme Court

RPC 1.15 governs which of the following?

• ATrust account / safekeeping of client property
• BCommunication with clients
• CWithdrawal from representation
• DRestrictions on advertising

The statute of limitations for California legal malpractice is codified in which statute?

• ACCP §335.1
• BCCP §340.6
• CCCP §337
• DBusiness & Professions Code §6068

CCP §340.6 sets which two limitation periods?

• ATwo years from injury / six years from act
• BOne year from discovery / four years from the wrongful act or omission
• CThree years from any contact / ten years from retainer
• DSix months from discovery / two years from injury

Which of the following is NOT one of the four statutory tolling triggers under CCP §340.6?

• AThe attorney continues to represent the plaintiff regarding the specific subject matter
• BThe plaintiff has not sustained actual injury
• CThe attorney willfully conceals the facts constituting the wrongful act
• DThe plaintiff has not yet discharged the attorney for cause

Adams v. Paul (1995) 11 Cal.4th 583 is best known for which holding regarding CCP §340.6?

• ADefining 'actual injury' as the moment when nominal harm exists, even before the full ext…
• BEliminating the four-year repose period
• CRecognizing emotional-distress damages
• DAdopting the actual-innocence rule

Laird v. Blacker (1992) 2 Cal.4th 606 held that actual injury occurs at what point in litigation malpractice?

• AWhen the appellate court issues a remittitur
• BWhen the trial court enters an adverse judgment
• CWhen the plaintiff first sees the attorney
• DOnly when the case is concluded with no further appeals available

Jordache Enterprises v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739 held what regarding 'actual injury'?

• AA litigant suffers actual injury when forced to incur attorneys' fees to remedy the negli…
• BActual injury occurs only after a final adverse judgment
• CActual injury can never occur in transactional matters
• DActual injury is presumed once the malpractice is committed

Continuing representation tolling under CCP §340.6(a)(2) requires what?

• AOngoing representation on the specific subject matter giving rise to the alleged wrong
• BOngoing representation on any matter, even unrelated ones
• CContinued payment of fees
• DContinued physical proximity to the attorney

Plaintiff discovers attorney's negligence on March 1, 2025. The wrongful act occurred on January 15, 2021. The attorney is still representing the plaintiff on the same matter as of March 1, 2025. The representation ends April 30, 2025. By what latest date must plaintiff file?

• AMarch 1, 2026
• BApril 30, 2026
• CJanuary 15, 2025
• DJanuary 15, 2026

Does fraud have its own statute of limitations distinct from CCP §340.6?

• ANo — CCP §340.6 governs all attorney misconduct
• BYes — actual fraud claims are governed by CCP §338(d), three years from discovery
• CYes — fraud claims have no SOL at all
• DYes — fraud claims are governed by CCP §335.1 (two years)

The CCP §340.6 'willful concealment' tolling trigger requires what showing?

• AMere silence by the attorney
• BAn affirmative act or knowing omission undertaken to conceal the malpractice from the cli…
• CNegligent failure to disclose
• DA finding by the State Bar

Truong v. Glasser (2009) 181 Cal.App.4th 102 illustrates which point about CCP §340.6?

• AThe four-year period is jurisdictional
• BCCP §340.6 governs claims against attorneys arising from professional services, regardles…
• CPunitive damages restart the SOL
• DFraud claims merge into §340.6 claims

A criminal-defense client convicted of a felony retains post-conviction counsel and obtains relief. Under Coscia v. McKenna & Cuneo (2001) 25 Cal.4th 1194, when does the malpractice SOL begin to run against the criminal defense attorney?

• AWhen the conviction is entered
• BWhen the client is sentenced
• CWhen the client obtains post-conviction relief vacating the conviction
• DOnly when the client files a federal habeas petition