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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

February 2009     MCLE Test and Answer Sheet

Test No. 178: The Private Lives of Jurors

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education legal ethics 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 $15 testing fee ($20 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 legal ethics credit.*

1. In 2005, investigators who utilized subterfuge during the course of an investigation for Hewlett-Packard were considered to be acting legally.
 True.
 False.

2. Information regarding potential jurors that is obtained from public databases, online court records, and social networking sites can provide grounds for a juror to be dismissed from jury service for cause.
 True.
 False.

3. Driving by a juror's home is considered to be "contact" with the juror and therefore is unacceptable.
 True.
 False.

4. Attorneys do not have a fiduciary duty to their clients to conduct due diligence regarding the hiring of a private investigator as long as the investigator is licensed.
 True.
 False.

5. The status of an investigator's license can be confirmed with the State Bar of California.
 True.
 False.

6. The definition of "private investigator" is set forth in the California Rules of Professional Conduct.
  True.
 False.

7. A lawyer who knowingly engages a nonexempt, unlicensed investigator is guilty of a misdemeanor and may receive a fine of $5,000 and/or imprisonment.
 True.
 False.

8. Applicants for an investigative license may be denied licensure if their previous partners had their investigative licenses suspended.
 True.
 False.

9. Private investigators cannot lose their licenses for impersonating a law enforcement officer.
 True.
 False.

10. Investigators face the suspension or revocation of their licenses for acting as runners or cappers for an attorney but not for knowingly violating a court order.
 True.
 False.

11. In Wayne v. Bureau of Private Investigators and Adjustors, a licensed private investigator who misled interviewees regarding his representation in a case was not considered to be acting in a manner that constituted dishonesty or fraud.
 True.
 False.

12. The Private Investigator Act provides an exhaustive list of guidelines to investigators and attorneys on the type of conduct that is not permissible.
 True.
 False.

13. Investigators hired by attorneys are not required to comply with the same ethical rules that govern attorneys but are bound solely by the Business and Professions Code.
 True.
 False.

14. The Rules of Professional Conduct prohibit an attorney from communicating with a juror except in official proceedings.
 True.
 False.

15. An attorney who learns of improper conduct by a juror toward another juror is not required to disclose this information.
 True.
 False.

16. Rule 5-320(E)-(F) of the Rules of Professional Conduct prohibits an attorney from conducting an investigation of a juror in a manner that will influence the state of mind of that juror regarding present or future jury service.
 True.
 False.

17. In Noble v. Sears, Roebuck & Company, the court held that utilizing a pretext to gain admittance to a hospital room was a violation of the right to privacy.
 True.
 False.

18. In California, an attorney who hires a private investigator for an investigation may be liable for the intentional torts committed by the investigator (or the employees of the investigator) in the course of the investigation.
 True.
 False.

19. Evidence obtained by an investigator as a result of a feigned friendship can be used in trial.
 True.
 False.

20. An attorney and an investigator should formulate a written agreement to ensure compliance with the Rules of Professional Conduct.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
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.

 


 
  
 

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