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

April 2013     MCLE Test and Answer Sheet

Test No. 223: 2012 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. Rule of Professional Conduct 3-310 governs conflicts of interest between a California lawyer's clients.
 True.
 False.

2. A conflict of interest can result in an attorney's disqualification or forfeiture of fees.
 True.
 False.

3. A lawyer's acquisition of confidential client information can be presumed under the substantial relationship test without evidence of actual knowledge.
 True.
 False.

4. One lawyer's knowledge can be imputed to an entire firm, resulting in the firm's vicarious disqualification.
 True.
 False.

5. California law recognizes that an ethical wall may insulate one lawyer's knowledge of confidential information and prevent vicarious disqualification of an entire firm.
 True.
 False.

6. If a lawyer's ethical violation does not harm a client, the lawyer cannot be denied his or her fees.
 True.
 False.

7. Under the law in the Ninth Circuit, documents produced under the compulsion of a grand jury subpoena do not lose their privileged nature.
 True.
 False.

8. Federal law and California law are consistent on the subject of selective waiver of the attorney-client privilege.
 True.
 False.

9. Witness statements taken at a lawyer's request are always entitled to absolute work product protection.
 True.
 False.

10. A form interrogatory 12.3 seeking the identification of witness statements always must be answered.
 True.
 False.

11. Rule of Professional Conduct 2-200 requires informed written consent of a a client to a fee-sharing arrangement among lawyers, unless one of the lawyers prevents compliance with the rule.
 True.
 False.

12. An agreement under which a lawyer is paid with a share in his or her client's business is unenforceable unless the client is advised to consult independent counsel.
 True.
 False.

13. Under federal habeas corpus law, the negligence of defense counsel does not constitute cause for a prisoner's failure to meet state procedural requirements.
 True.
 False.

14. The anti-SLAPP statute does not bar a client's lawsuit against his or her attorney for malpractice in handling litigation.
 True.
 False.

15. A claim by one attorney against another attorney for equitable indemnity for a legal malpractice claim is not entitled to protection by the anti-SLAPP statute.
 True.
 False.

16. An attorney's breach of the standard of care is not per se actionable.
 True.
 False.

17. In the absence of substantial evidence of causation and damages, a client cannot fire his or her lawyer, settle his or her claim, and then sue the lawyer by claiming the settlement would have been larger.
 True.
 False.

18. In the absence of a partnership agreement, income from unfinished business belongs to the lawyer who completed the work, not the law firm.
 True.
 False.

19. In bankruptcies of law firms, bankruptcy courts have held that some Jewel waivers are fraudulent transfers.
 True.
 False.

20. The California Supreme Court has not approved any of the revised California Rules of Professional Conduct.
 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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