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

April 2010     MCLE Test and Answer Sheet

Test No. 191: Before the Bar

 
 

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 $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 credit.*

1. The primary purpose of the State Bar of California's disciplinary system is to punish errant attorneys.
 True.
 False.

2. The State Bar is a separate and independent agency, with the inherent authority to discipline attorneys.
 True.
 False.

3. In State Bar disciplinary proceedings, the State Bar has to prove its case by what standard of proof?
 A. Beyond a reasonable doubt.
 B. Preponderance of the evidence.
 C. Clear and convincing.

4. In State Bar disciplinary proceedings, the respondent bears the burden of proving mitigating circumstances by what standard of proof?
 A. Clear and convincing.
 B. Preponderance of the evidence.
 C. Beyond a reasonable doubt.

5. An attorney has a duty to cooperate and participate in a State Bar disciplinary investigation.
 True.
 False.

6. The State Bar's Standards for Attorney Sanctions for Professional Misconduct provide for a broad range of sanctions.
  True.
 False.

7. The State Bar's standards are given minimal weight by the State Bar Court in determining disciplinary dispositions.
 True.
 False.

8. State Bar disciplinary proceedings are civil proceedings that are governed exclusively by California's Code of Civil Procedure.
 True.
 False.

9. An attorney can mitigate exposure to disciplinary actions by delegating responsibility for handling client funds to a designated employee.
 True.
 False.

10. The Rules of Procedure of the State Bar of California require that the parties attempt to stipulate to some or all issues prior to trial.
 True.
 False.

11. Rule 211 of the State Bar's rules of procedure requires the parties to attempt to file a joint pretrial statement.
 True.
 False.

12. Banks are required to report attorneys if they bounce a check on their client trust account.
 True.
 False.

13. According to statistics for 2004 to 2008, the vast majority of complaints against attorneys received by the State Bar result in no disciplinary disposition.
 True.
 False.

14. State Bar disciplinary proceedings are quasi-criminal, and therefore attorneys who cannot afford representation have a right to court-appointed counsel.
 True.
 False.

15. Attorneys in State Bar proceedings can invoke their right to remain silent.
 True.
 False.

16. An attorney can be found culpable of moral turpitude if his or her gross negligence allowed trust funds to be misappropriated, even without the attorney's knowledge.
 True.
 False.

17. The Review Department of the State Bar Court has held that the mitigating value of character evidence is undermined if the witness is not aware of the full extent of the respondent's misconduct.
 True.
 False.

18. The State Bar uses its own rules of evidence, completely separate and apart from either criminal or civil evidence rules.
 True.
 False.

19. Prior to going to trial, an attorney may request an Early Neutral Evaluation conference with a State Bar judge to evaluate the attorney's case.
 True.
 False.

20. If an attorney is found culpable of any of the charged allegations and receives a public disciplinary sanction, the attorney will be responsible for paying the costs of the proceeding.
 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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