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Figueroa Street • Los Angeles, CA 90017-2515 • (213) 765-1500  \nESSAY QUESTIONS AND SELECTED ANSWERS  \nJULY 2013  \nCALIFORNIA BAR EXAMINATION  \nThis publication contains the six essay questions from the July 2013 California Bar Examination and two selected answers for each question.  \nThe answers were assigned high grades and were written by applicants who passed the examination after one read. The answers were produced as submitted by the applicant, except that minor corrections in spelling and punctuation were made for ease in reading. They are reproduced here with the consent of the authors.  \nQuestion Number  Subject  \n1. Professional Responsibility  \n2. Constitutional Law  \n3. Community Property  \n4. Contracts  \n5. Wills/Trusts  \n6. Remedies  \nESSAY EXAMINATION INSTRUCTIONS  \nYour answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualificationsand limitations, and their relationships to each other.  \nYour answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them.  \nIf your answer contains only a statement of your conclusions, you will receive little credit. State fully the reasons that support your conclusions, and discuss all points thoroughly.  \nYour answer should be complete, but you should not volunteer information or discuss legal doctrines that are not pertinent to the solution of the problem.  \nUnless a question expressly asks you to use California law, you should answer according to legal theories and principles of general application.  \nQuestion 1  \nPatty was hit by a car, whose driver did not notice her because he was texting. Joe, a journalist, wrote a story about Patty’s “texting”accident. Patty contacted Tom, a real estate attorney, and asked him to represent her in a claim against the driver. Tom agreed, and entered into a valid and proper contingency fee agreement. Tom later told Patty that he had referred her case to Alan, an experienced personal injury attorney, and she did not object. Unknown to Patty, Alan agreed to give one-third of his contingency fee to Tom.  \nThereafter, Alan sent a $200 gift certificate to Joe with a note stating: “In your future coverage of the‘texting’case, you might mention that I represent Patty.”  \nPatty met with Alan and told him that Walter, a homeless man, had seen the driver texting just before the accident. Alan then met with Walter, who was living in a homeless shelter, and said to him: “Look, if you will testify truthfully about what you saw, I’ll put you up in a hotel until you can get back on your feet.”  \n1. What ethical violation(s), if any, has Tom committed? Discuss.  \n2. What ethical violation(s), if any, has Alan committed? Discuss.  \nAnswer according to both California and ABA authorities.  \nSELECTED ANSWER A  \n(1) What ethical violations, if any, has Tom (T) committed?  \nLawyer/Client relationship  \nA lawyer owes duties to his client as soon as the relationship is formed. The relationship is formed even if the client never retains the lawyer but approaches him regarding legal representation.  \nHere, the relationship between P and T began as soon as she contacted him and asked him to represent her in a claim against the driver who hit her. Even though P never retained or ultimately‘hired’T, he owes her duties as his client from this","cbCaihmiX0GjjLYl","https://ap.wps.com/l/cbCaihmiX0GjjLYl","pdf",620162,93,"English","# ESSAY QUESTIONS AND SELECTED ANSWERS\n## JULY 2013\n## CALIFORNIA BAR EXAMINATION\n## ESSAY EXAMINATION INSTRUCTIONS\n## Question 1: Professional Responsibility\n## Selected Answer A (Question 1)","[{\"question\":\"What is expected in a written essay answer for the July 2013 California Bar Examination?\",\"answer\":\"The answer must analyze the question’s facts, distinguish material from immaterial facts, identify the law and fact on which the case turns, and show understanding of relevant legal principles and their limits. It must apply the law to the facts and reason logically from adopted premises to a sound conclusion, with full supporting reasons rather than only conclusions.\"},{\"question\":\"What ethical violation(s) are addressed for Tom in Selected Answer A for Question 1?\",\"answer\":\"The selected answer identifies issues including breach of the duty of competence and breach of the duty of confidentiality related to Tom’s handling of information and his referral conduct. It frames the matter as improper representation for a tort-related injury when Tom lacks relevant legal competence.\"},{\"question\":\"How does the Selected Answer A describe the lawyer-client relationship and confidentiality for Tom?\",\"answer\":\"It states that duties arise as soon as the relationship is formed, even if the client never retains the lawyer. It also explains that a lawyer must maintain confidential communications acquired during representation and that Tom’s contacting another attorney with client information can violate that duty unless an applicable consent exception applies.\"}]","July 2013 California Bar Examination - Essay Questions and Selected Answers | PDF",1790744056,234]