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

March 2012     MCLE Test and Answer Sheet

Test No. 212: 2011 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. A member of the California bar cannot represent clients with conflicting interests unless both clients provide informed written consent.
 True.
 False.

2. A lawyer may represent potential class action plaintiffs who favor and who oppose a proposed settlement without violating the rule against representing parties with conflicting interests if the class has not been certified yet.
 True.
 False.

3. A retainer agreement under which a lawyer agrees to provide legal services as requested by the client creates a continuing attorney-client relationship.
 True.
 False.

4. Ordinarily, only clients have standing to disqualify a lawyer based on a conflict of interest.
 True.
 False.

5. A court has inherent authority to disregard a client's choice of counsel and to disqualify an attorney for ethical breaches.
 True.
 False.

6. Lawyers do not breach their duty to a former client when exercising their right of free speech as a private citizen and their motives are not mercenary.
 True.
 False.

7. A lawyer's duty of zealous advocacy for a client obligates him or her to read and use documents, even if they contain confidential information from the opposing party.
 True.
 False.

8. A lawyer may read and use confidential documents from the opposing party unless they come into his or her possession by accident.
 True.
 False.

9. When it is disputed whether documents are protected by the attorney-client privilege, a court must conduct an in camera inspection of the documents before ruling.
 True.
 False.

10. If the "dominant purpose" of the relationship between the communicators is an attorney-client relationship, their written communications are privileged.
 True.
 False.

11. An in-house lawyer can be sued for breach of fiduciary duty to a client after blowing the whistle on the potentially illegal actions of the lawyer's employer.
 True.
 False.

12. A client's e-mail communications with his or her lawyer using the client's employer's computer are privileged if the client uses a private password.
 True.
 False.

13. Communications among lawyers in a law firm may be privileged although the client is not a party to the communications.
 True.
 False.

14. Work product, whether written or not, that consists of an attorney's mental impressions, conclusions, opinions, and legal theories is entitled to absolute protection.
 True.
 False.

15. A retainer agreement cannot require the lawyer's consent before the client settles a lawsuit.
 True.
 False.

16. In a legal malpractice suit arising out of a mediation, the mediation privilege excludes any evidence of communications between the lawyer and client related to the mediation.
 True.
 False.

17. A client suffers actual injury to start the running of the statute of limitations for legal malpractice when paying the lawyer's bill.
 True.
 False.

18. Rule of Professional Conduct 2-100 prohibiting contact with a represented party does not create a statutory or constitutional right not to be contacted by opposing counsel.
 True.
 False.

19. A lawyer's consent to an opposing lawyer's contact with his or her client can be an implied one.
 True.
 False.

20. Failure to comply with Rule of Professional Conduct 3-300 will bar a lawyer's enforcement of a contract with his client and quantum meruit recovery.
 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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