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Table of Contents     Cover     Featured Article

MCLE Test and Answer Sheet

Test No. 85:Who's the Client?  (June 2000 LA Lawyer)

Instructions for Obtaining MCLE Credits
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.


1.Study the CLE article in this issue.


2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.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. A conflict-of-interest analysis applies only to private practice attorneys and not to attorneys who are employed by government agencies or private corporations.
True.
False.

2. Because of the extreme sophistication of insurance companies, a defense attorney retained by an insurance company to represent its insureds may appear for and against the insurance company simultaneously so long as the appearances are in unrelated matters.
True.
False.
True.
False.
 
3. An attorney may accept a representation adverse to a current client without the consent of the current client so long as the first matter is resolved without prejudice to the current client and before any substantial work is performed in the new matter.
True.
False.

4. All attorneys have an affirmative duty to perform a conflict check before accepting a new representation and can be disciplined for failing to do so.
True.
False.

5. If clients or former clients consent to their attorney accepting a representation adverse to them, the consent must be in writing for disciplinary purposes.
True.
False.

6. If clients or former clients consent to their attorney accepting a representation adverse to them, the consent must be in writing for disqualification purposes.
True.
False.

7. Because of the wide variety of arrangements covered by the designation "of counsel," a law firm only needs to conduct conflict checks with attorneys who are of counsel if the relationship between the firm and the attorneys who are of counsel is "close, personal, continuous, and regular."
True.
False.

8. The potential consequences of a conflict or a potential conflict of interest to which a client or former client has not consented include:
A. Discipline.
B. Loss of the right to collect fees.
C. Disqualification as an attorney of record.
D. Malpractice liability
E. All of the above.

9. Because of the economic relationship between a corporation and its wholly owned subsidiary, an attorney for the subsidiary cannot be adverse to the parent corporation.
True.
False.

10. An attorney for an underwriter cannot subsequently undertake a representation adverse to the underwriter's former client because of the confidential and nonpublic information received by the attorney for the underwriter during the underwriting process.
True.
False.

11. An attorney for a corporation's underwriter may subsequently undertake a representation adverse to the underwriter's former client if the corporation has paid the attorney's fees.
True.
False.

12. A disqualification motion may be filed only by the client or former client to whom the attorney owes the duty of loyalty.
True.
False.

13. Clients always have the ability to consent to a representation in which a lawyer has a conflict of interest so long as their consent is informed and in writing.
True.
False.

14. When representing a corporation, the attorney's duties are owed to:
A. The officers.
B. The directors.
C. The shareholders.
D. All of the above.
E. None of the above.

15. If an attorney has a conflict or potential conflict of interest to which the client or former client has not consented, the attorney cannot obtain compensation for services rendered to the client or former client.
True.
False.

16. Two codefendants in a civil action request Attorney A to represent them. Despite the potential conflict that exists between the two codefendants, Attorney A can gain their consent to a joint representation as long as Attorney A advises each of them to seek independent counsel before giving consent.
True.
False.

17. When an attorney seeks the informed written consent of each client to a representation that involves a potential conflict of interest, the attorney's only duty is to state to each client: "This representation creates a potential conflict of interest for me."
True.
False.

18. Attorney B is requested to represent a corporation and one of its executives. Both have been named as defendants in a sexual harassment lawsuit. Attorney B recognizes that there is a potential conflict between the defendants because of the possibility that the sexual harassment claim might be valid. In seeking consent to the joint representation, Attorney B may not accept the executive's signature on behalf of the corporation although the executive is an officer otherwise entitled to bind the corporation.
True.
False.

19. When a lawyer is substituted as attorney of record for a plaintiff in a contingency action, the lawyer's potential malpractice liability is to the client and to the predecessor counsel, whose recovery might be reduced by the successor counsel's malpractice.
Yes.
No.
Maybe.

20. Cocounsel owe duties of undivided loyalty to their mutual client but owe no duties to one another.
Yes.
No.
Maybe.

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 hitting the "Submit" button please verify that all questions have been 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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