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MCLE Test and Answer Sheet


Test No. 106: Ethics Roundup 2001 (June 2002 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
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. The California Rules of Professional Conduct last underwent a thorough revision in:
A. 1975.
B. 1989.
C. 1992.
D. 2001.

2. California lawyers receive guidance on ethics questions in published opinions from:
A. The Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association.
B. The Committee on Professional Responsibility and Conduct (COPRAC) of the State Bar of California.
C. Both A and B.
3. Under California law, it is the duty of an attorney to preserve the secrets of a client at every peril to himself or herself.

3. Motion picture distributors in California may license films to theaters without affording exhibitors an opportunity to view the films.

4. When a lawyer moves from one firm to another, there is a nonrebuttable presumption of imputed knowledge from the lawyer’s previous law firm to the lawyer. Thus the lawyer is disqualified from taking a position adverse to a client of the former firm.

5. In considering whether to disqualify a lawyer who moved to another firm and took a position adverse to a client of his or her former firm, a court must consider:
A. Whether the lawyer personally represented the client.
B. Whether confidential information normally would have been imparted to the lawyer.
C. Whether the confidential information is material to the current representation.
D. All of the above.

6. An attorney’s duty to maintain client secrets does not arise until the attorney-client relationship is formalized.

7. A lawyer has a duty to inform his or her client about significant developments relating to the employment or representation.

8. A lawyer in California must avoid even the appearance of professional impropriety, consistent with the ABA Model Code of Professional Responsibility.

9. In-house lawyer X may not sue X’s former employer if it means that X would have to disclose the confidences of X’s former employer to X’s lawyers.

10. Lawyer Y may not sue Y’s lawyers for malpractice if their defense would require the disclosure of the privileged information of Y’s clients.

11. Under Evidence Code Section 958, in the event of a breach of a duty by a lawyer or client arising out of the attorney-client relationship:
A. There is no attorney-client privilege regarding the breach.
B. There is no attorney-client privilege.
C. There is no duty of confidentiality for client secrets.
D. All of the above.

12. Under Evidence Code Section 956.5, a lawyer can testify about confidential communications in which a client made physical threats against witnesses without breaching the attorney-client privilege.

13. A lawyer employed by the state of California believes an agent of her department is violating the law. In accordance with her duty to her client, which action can she currently not take?
A. Urge the agent to reconsider the action by explaining the likely consequences.
B. Refer the matter to higher authority within the organization.
C. Resign.
D. Disclose the lawbreaking to the state legislature.

14. An attorney is employed by a city. He was appointed by the mayor and confirmed by the city council, which is the municipal corporation’s governing body. Who is the attorney’s client?
A. The mayor.
B. The city council.
C. The city.
D. All of the above.

15. A lawyer may divide a fee for legal services with another lawyer who is not a partner, associate, or shareholder, if:
A. The total fee is not increased by the division of fees and is not unconscionable.
B. The lawyer discloses to the client in writing that a division of fees will be made and the terms of the division.
C. The client consents in writing.
D. All of the above.

16. A lawyer has a First Amendment right to tell a jury during closing argument, without fear of sanction, that his or her client has not received a fair trial.

17. When a lawyer accepts a private reproval under the State Bar’s attorney disciplinary process, the State Bar cannot publicize the lawyer’s discipline on its Web site.

18. Under Rule 1-400(F) of the Rules of Professional Conduct, a lawyer who maintains a Web site must keep all the pages of every version of his or her Web site and make them available to the State Bar, if requested, for:
A. One year plus one day.
B. Two years.
C. 10 years.
D. The life of the lawyer’s laptop.

19. A task force on multijurisdictional practice recommended to the California Supreme Court that California adopt full reciprocity with other states regarding the admission of lawyers.

20. Multidisciplinary practice would require modification of the Rules of Professional Conduct because the rules currently prohibit a lawyer from:
A. Forming a partnership with a nonlawyer if the activity of the partnership includes the practice of law.
B. Sharing legal fees with a nonlawyer.
C. Both A and B.

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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