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

Question 1

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

Contract, breach, reliance, damages Duty, breach, causation, damages Privity, negligence, foreseeability, harm Representation, error, prejudice, restitution

Correct Answer:

Duty, breach, causation, damages

Question 2

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

Question 3

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?

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

Correct Answer:

The 'trial-within-a-trial' doctrine — plaintiff must prove the underlying case would have been won

Question 4

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?

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

Correct Answer:

That the underlying suit would have succeeded AND any judgment would have been collectible

Question 5

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

Never — privity is strictly required Yes — under a multi-factor balancing test (Biakanja/Lucas) where the attorney's services were intended to benefit the non-client Only when the non-client paid the legal fees Only in real estate transactions

Correct Answer:

Yes — under a multi-factor balancing test (Biakanja/Lucas) where the attorney's services were intended to benefit the non-client

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Prepare with the CA Legal Malpractice CLS Practice Questions - California Certified Specialist - Legal Malpractice Law Exam practice quiz. This question bank includes 100 questions covering attorney, malpractice, plaintiff, california, and client. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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

This practice set contains 100 questions from the matching question bank and focuses on attorney, malpractice, plaintiff, california, and client. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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

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