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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
MCLE Test and Answer Sheet
Test No. 111: For Your Eyes Only
(December 2002 Los Angeles 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. The duty of confidentiality is:
A. A rule of professional conduct.
B. A section in the State Bar Act.
C. Both A and B.

2. Under the duty of confidentiality, an attorney is precluded from:
A. Disclosing confidential information about a client.
B. Using confidential information adverse to the client.
C. Both A and B.

3. The duty of confidentiality does not apply unless there is an attorney-client relationship.
True.
False.

4. The duty of confidentiality was codified in California in:
A. 1975.
B. 1928.
C. 1872.
D. 1850.

5. The duty of confidentiality and the attorney-client privilege are construed narrowly.
True.
False.

6. The duty of confidentiality may apply even when the attorney-client privilege does not.
True.
False.

7. The duty of confidentiality permits a lawyer to suppress evidence even when the lawyer or the lawyer’s client has a legal obligation to reveal or to produce that evidence.
True.
False.

8. Business and Professions Code Section 6068(e) does not permit an attorney to violate his or her duty of candor to the court.
True.
False.

9. Information protected under Business and Professions Code Section 6068(e) may be disclosed:
A. In responding to a client’s claim of legal malpractice against the attorney.
B. In pursuing a contested claim against the client for the attorney’s fees.
C. Both A and B.

10. The attorney-client privilege and the duty of confidentiality share a common purpose in helping clients make informed decisions about their affairs.
True.
False.

11. ABA Model Rule 1.6 was revised in 2002 to give a lawyer the discretion to disclose confidential information to the extent the lawyer reasonably believes necessary when:
A. The client intends to commit an act that is likely to result in reasonably certain death or substantial bodily harm.
B. The client intends to commit a criminal act that is likely to result in reasonably certain death or substantial bodily harm.
C. The client intends to commit an act that is likely to result in imminent death or substantial bodily harm.

12. The attorney-client privilege does not apply in California if a lawyer reasonably believes that disclosure of confidential information relating to the representation of the client is necessary to:
A. Prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm.
B. Prevent the client from committing a criminal act that the lawyer believes is likely to result in death or substantial bodily harm.
C. Prevent the client from committing an act that the lawyer believes is likely to result in reasonably certain death or substantial bodily harm.

13. The court in People v. Dang held that Evidence Code Section 956.5 is an exception to the duty of confidentiality under Business and Professions Code Section 6068(e).
True.
False.

14. A party asserting the attorney-client privilege has a right to notice and an opportunity to be heard before disclosure of information protected by the attorney-client privilege can be ordered in a civil proceeding.
True.
False.

15. The ABA adopted the ABA Ethics 2000 Commission’s recommended changes to Model Rule 1.6 that allow a lawyer the discretion to disclose confidential information of the client to the extent the lawyer reasonably believes necessary to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interest or property of another and involves the use by the client of the lawyer’s services in the furtherance of the crime or fraud.
True.
False.

16. The State Bar proposed a rule of professional conduct on confidentiality to the California Supreme Court on:
A. Three occasions.
B. Two occasions.
C. Four occasions.

17. The Sarbanes-Oxley Act of 2002 requires the SEC to issue rules requiring private attorneys representing public companies before the SEC to report evidence of securities laws violations to the company’s audit committee or board of directors.
True.
False.

18. The crime-fraud exception applies to:
A. Future crimes and frauds.
B. Past crimes and frauds.
C. Ongoing crimes and frauds.
D. All of the above.
E. Both A and C.

19. Attorneys are required to preserve confidential client information in seeking to withdraw as counsel of record in proceedings before a court or other tribunal.
True.
False.

20. Lawyers in California must comply with Business and Professions Code Section 6068(e) in protecting a corporate client from the wrongful acts of its agents.
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 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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