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


 
 

March 2009     MCLE Test and Answer Sheet

Test No. 179: 2008 Ethics Roundup

 
 

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. The fundamental rules governing conflicts of interest are set forth in Rule 3-310 of the California Rules of Professional Conduct.
 True.
 False.

2. A lawyer must obtain informed written consent to a conflict of interest from all members of a class, not just the representative plaintiffs.
 True.
 False.

3. When the interests of a closely held corporation and its controlling shareholder conflict, the corporation and the shareholder cannot waive the conflict to permit one lawyer to represent them both.
 True.
 False.

4. When a trial court's denial of a motion to recuse a prosecutor is supported by the record, the court of appeal should accord deference to the ruling.
 True.
 False.

5. By making arguments that other parties also support, a lawyer does not assume the representation of those parties.
 True.
 False.

6. In a business transaction with a client, a lawyer owes no fiduciary duty to his or her client so long as the lawyer complies with Rule 3-300 of the Rules of Professional Conduct.
  True.
 False.

7. The commission of an act of moral turpitude, dishonesty, or corruption will subject a lawyer to disbarment or suspension.
 True.
 False.

8. Rule 3-300 of the Rules of Professional Conduct applies to charging liens in hourly fee cases.
 True.
 False.

9. If a party has waived the attorney-client privilege by freely producing documents to one party, it cannot assert the privilege against another party seeking the same documents.
 True.
 False.

10. There is no waiver of the attorney-client privilege if production of the privileged documents was coerced.
 True.
 False.

11. A lawyer may not communicate with a party that the lawyer knows to be represented by another lawyer without the consent of the other lawyer.
 True.
 False.

12. A lawyer may not communicate directly with a party who has filed a lawsuit in propria persona if the party is being assisted by an attorney who is not of record.
 True.
 False.

13. A settlement agreement procured in violation of Rule 2-100 of the Rules of Professional Conduct is void, even if the complaining party will not repay the settlement funds.
 True.
 False.

14. A lawyer continues to owe fiduciary duties to a client after the lawyer is sued for malpractice.
 True.
 False.

15. A court can punish misconduct by an out-of-state lawyer by revoking the lawyer's pro hac vice admission.
 True.
 False.

16. It is unethical for a lawyer to take the default of a party known to be represented by counsel without giving advance notice.
 True.
 False.

17. The State Bar's Ethics Hotline is a source of legal advice, not just a research service.
 True.
 False.

18. Rule 2-200 of the Rules of Professional Conduct governs fee-splitting arrangements.
 True.
 False.

19. If a contingency fee agreement complies with Business and Professions Code Section 6147, an amendment to the agreement does not need to meet the requirements of the statute.
 True.
 False.

20. A lawyer can recover fees on a quantum meruit theory if the fee agreement with the client did not comply with Rule 2-200 of 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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