1. The elements that must be proved for attorney malpractice and attorney breach of fiduciary duty are similar in form.
 True.
False.

2. Modifying the Rules of Professional Conduct is the only activity of the State Bar of California that does not require the approval of the California Supreme Court.
 True.
False.

3. In what year did the current Rule 1-100 of the Rules of Professional Conduct become operative?
A. 1986.
B. 1975.
C. 1997.
D. 1989.

4. The current Rule 1-100 of the Rules of Professional Conduct expressly states that the rules are intended to create legal duties for attorneys.
 True.
False.

5. The court in Ross v. Creel Printing & Publishing Company criticized what prior opinion?
A. Stanley v. Richard.
B. Kinnamon v. Staitman & Snyder.
C. Day v. Rosenthal.
D. Mirabito v. Liccardo.

6. Expert witness testimony is always admissible for the purpose of offering a legal opinion.
 True.
False.

7. Whether a duty exists is a question of:
A. Fact.
B. Law.
C. A and B.

8. Whether there was a breach of a duty is a question of:
A. Fact.
B. Law.
C. A and B.

9. A conflict of authorities exists in California as to whether the Rules of Professional Conduct are the governing authority to determine whether an attorney breached a fiduciary duty to a client.
 True.
False.

10. The court in Piscitelli v. Friedenberg held that the attorney expert witness could opine that the plaintiff in the action would have prevailed at arbitration but for the attorney defendant ’s legal malpractice.
 True.
False.

11. The standard of care for an attorney defendant in a legal malpractice action is based on the conduct of attorneys who practice in the same locale under similar circumstances.
 True.
False.

12. The court in Ross v. Creel Printing & Publishing Company held that an independent cause of action for breach of a disciplinary rule does not exist.
 True.
False.

13. Expert opinion is admissible if it relates to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact in rendering its decision.
 True.
False.

14. At the time Day v. Rosenthal was decided, Rule 1-100 of the Rules of Professional Conduct contained the same disclaimer language that is included in the current version of the rule.
 True.
False.

15. Which is not one of the elements of a cause of action for breach of fiduciary duty?
A. The existence of a fiduciary duty.
B. A breach of the fiduciary duty.
C. The intent to breach the duty.
D. Damage caused by the breach of the duty.

16. If an expert witness testifies contrary to the Rules of Professional Conduct, the expert’s testimony supersedes the rules.
 True.
False.

17. Mirabito v. Liccardo relied on which case for the proposition that attorneys’ duties to their clients are governed by the Rules of Professional Conduct along with statutes and certain general principles?
A. Downer v. Bramet.
B. David Welch Company v. Erskine & Tulley.
C. Stanley v. Richard.
D. Budd v. Nixen.

18. An expert opinion is admissible even if it embraces the ultimate issue to be decided by the trier of fact.
 True.
False.

19. There is a discrepancy among the 50 states whether rules of ethics are relevant to the determination of an attorney’s negligence and/or breach of fiduciary duty.
 True.
False.

20. The dissenting opinion in Kinnamon v. Staitman & Snyder found that the Rules of Professional Conduct were intended to be used as a shield from an attorney’s unethical conduct rather than as a sword to recover monetary damages.
 True.
False.

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