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

September 2012     MCLE Test and Answer Sheet

Test No. 217: Your Witness

 
 

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. Traditional common law allowed compensation to fact witnesses.
 True.
 False.

2. To violate the federal antigratuity statute, the briber must act with a "corrupt mind."
 True.
 False.

3. Possible civil sanctions for paying a witness a fee for testifying can include:
 A. Exclusion of testimony of the witness who received the improper payment.
 B. Award of attorney's fees and costs to opposing party.
 C. Mistrial.
 D. All of the above.

4. The ABA has construed Rule 3.4 to allow compensation to fact witnesses for time lost preparing to testify.
 True.
 False.

5. In Centennial Management Services, Inc. v. AXA Re Vie, the court upheld a payment to a former employee for nontestifying activities in the amount of:
 A. $20,000.
 B. $100,000.
 C. $70,000.
 D. $85,000.

6. Many courts have approved of the use of "consulting" agreements to compensate fact witnesses.
 True.
 False.

7. Counsel should memorialize any agreement for reasonable compensation and make it clear that the payment is for lost time and reasonable expenses.
 True.
 False.

8. In New York, a court permitted payment to a fact witness for time spent participating in the preparation of other witnesses.
 True.
 False.

9. To comply with 18 U.S.C. Section 201(c), a party must ensure that any contemplated payment to a fact witness is not "because of" that witness's testimony.
 True.
 False.

10. The California Standing Committee on Professional Responsibility and Conduct has stated that a witness's rate of pay if currently employed should be considered in determining the reasonableness of any payment to a fact witness.
 True.
 False.

11. The ABA has instructed that the following objective factor should be considered when determining the reasonableness of payment to a witness:
 A. Whether the witness has sustained any direct loss of income.
 B. The type of information that the witness will provide.
 C. The location where the witness is from.
 D. None of the above.

12. California courts have generally found that a bilateral agreement is not a necessary element of the crime of offering a bribe to a witness.
 True.
 False.

13. A person who violates U.S.C. Section 201(b)(3) shall be fined not more than ____ times the monetary equivalent of the thing of value.
 A. Two.
 B. Three.
 C. Four.
 D. Five.

14. New Jersey has followed the traditional common law rule and prohibited payment of fact witnesses for time spent preparing to testify.
 True.
 False.

15. The State Bar of California Standing Committee has interpreted Rule 5-310(b) to allow compensation to a witness to include the time spent for preparing or testifying at a trial as long as the compensation is reasonable and is not paid contingent upon the witness's testimony or outcome of the case.
 True.
 False.

16. The rationale for the traditional common law approach to compensating fact witnesses is:
 A. Payment could lead to obtaining perjured testimony.
 B. Payment created an appearance of impropriety.
 C. It was inconsistent with a witness's preexisting public duty to testify truthfully.
 D. All of the above.

17. Agreements to provide reasonable compensation never have to be disclosed to the court or opposing counsel.
 True.
 False.

18. Counsel may not provide protection to a third party from ongoing or future litigation in exchange for securing that party's cooperation as a fact witness.
 True.
 False.

19. Consulting agreements should be executed as late as possible.
 True.
 False.

20. Courts have often found payment to a third-party witness to be unreasonable when the hourly rate paid is significantly above the witness's current or recent rate of pay on the fair market.
 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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