June 2016 LACBA MCLE Test and Answer Sheet

Test No. 258: Trouble at Home

To access the article related to this test, please click here.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. An attorney-client relationship is created when a non-attorney employer hires an in-house lawyer.


2. Outside counsel and in-house lawyers are bound by the same fiduciary and ethical duties to their clients.


3. Labor Code Section 2865 provides that employees who are guilty of a culpable degree of negligence are liable to their employers for the damage.


4. Labor Code Section 2865 has been found to support the imposition of malpractice liability on in-house counsel.


5. An employer may not, pursuant to Code of Civil Procedure Section 473, seek relief from a court from a judgment, dismissal, order, or other proceeding taken against it as result of a mistake of its in-house counsel.


6. Liability for the malpractice of an in-house attorney is imputable to the employer of the in-house attorney by virtue of the doctrine of respondeat superior.


7. An outside counsel may not prospectively limit his or her liability to a client for malpractice.


8. An in-house attorney may not prospectively limit his or her liability to a client for malpractice.


9. Labor Code Section 2802 requires an employer to indemnify an employee for necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, including reasonable attorney fees and costs.


10. Labor Code Section 2802 has been held to apply to claims by an employer against its own employees.


11. If an employer were to successfully sue an in-house attorney for legal malpractice, Labor Code Section 2802 would allow the employee attorney to recover from the employer the costs of defending the action.


12. Labor Code Section 2802 has been found to require an employer to pay the fees and costs incurred in an employee’s affirmative litigation against the employer.


13. An employer may sue an in-house attorney for legal malpractice.


14. Employers generally obtain legal malpractice insurance to protect them from the potential malpractice of their in-house attorneys.


15. Historically, a client’s power to discharge an attorney has been absolute.


16. A client’s power to discharge an attorney is not subject to any limitation as a matter of public policy.


17. In the context of a wrongful termination of an in-house attorney, a client’s power to discharge an attorney is not absolute.


18. An in-house attorney may assert a claim for wrongful discharge against his or her employer based upon his or her status as a whistleblower.


19. A retaliatory discharge claim may be available to in-house attorneys when the ethical norms of the Rules of Professional Conduct conflict with an illegal demand of the attorney’s employer.


20. Being a whistleblower automatically absolves an in-house attorney from his or her ethical duty to maintain client confidences.

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.