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

March 2011     MCLE Test and Answer Sheet

Test No. 201: 2010 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 $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. When a lawyer joins a law firm, an irrebuttable presumption exists that confidential client information in the lawyer's possession is imputed to all the other lawyers in the new firm.
 True.
 False.

2. The general rule for avoiding conflicts of interest is vicarious disqualification of the entire law firm.
 True.
 False.

3. An effective ethical screen must be timely and guarantee that confidential client information will not be conveyed.
 True.
 False.

4. More than 75 years ago, the California Supreme Court ruled that a lawyer may not do anything that would injure his or her client in any matter in which the lawyer represented the client.
 True.
 False.

5. An attorney may be violating his or her fiduciary duties to a client if the attorney uses a laptop through a public wireless connection without encryption.
 True.
 False.

6. In the Ninth Circuit, an employee can claim the attorney-client privilege for communications with corporate counsel if the employee meets a five-factor test from the Third Circuit.
  True.
 False.

7. Sharing confidential details about a lawsuit with family and friends via the Internet does not waive the attorney-client privilege because these communications are private.
  True.
 False.

8. A member of the bar cannot enter into a business relationship with a client unless the terms are fully and comprehensibly disclosed in writing to the client and the client is also advised in writing that he or she may seek independent counsel.
  True.
 False.

9. The statute of limitations for legal malpractice claims is tolled if the lawyer continues to represent the client regarding the same subject matter.
  True.
 False.

10. A legal malpractice claim is automatically time-barred if the lawyer has had no contact with the client for two years.
  True.
 False.

11. The statute of limitations for legal malpractice is tolled when a defendant is absent from the state.
 True.
 False.

12. The Code of Civil Procedure requires plaintiffs to receive court approval before suing a lawyer for conspiring with the lawyer's client.
 True.
 False.

13. The sale of a corporation's assets usually results in the transfer of the corporation's attorney-client privilege to the buyer.
 True.
 False.

14. An attorney's signature approving a contract "as to form and content" is an actionable representation.
 True.
 False.

15. Negotiations to settle pending litigation constitute protected petitioning activity under the anti-SLAPP statute.
 True.
 False.

16. A plaintiff seeking to rely on the commercial speech exemption to an anti-SLAPP motion bears the burden of proof.
 True.
 False.

17. For a malicious prosecution lawsuit, the plaintiff must prove that any reasonable attorney would agree that the underlying claim was totally and completely without merit.
 True.
 False.

18. Transactional matters are exempt from the requirements for contingency fee agreements under the Business and Professions Code.
 True.
 False.

19. A charging lien for attorney's fees in a contingent fee arrangement does not create an adverse interest under Rule 3-300 of the Rules of Professional Conduct.
 True.
 False.

20. When a client fires one of his or her lawyers, the fee-sharing contract between the two lawyers ceases to exist.
 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 legal ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

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