CA Legal Malpractice CLS Practice Questions - California Certified Specialist - Legal Malpractice Law Exam

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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?

No — duty arises only after a written retainer agreement is signed Yes — a limited duty arises from the consultation if the prospective client reasonably relied on advice No — duty exists only between paying clients and their attorneys Yes — full fiduciary duty attaches to all consultations regardless of outcome

Correct Answer:

Yes — a limited duty arises from the consultation if the prospective client reasonably relied on advice

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