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

MCLE Test and Answer Sheet
Test No. 114: 2002 Ethics Roundup
(April 2003)

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 two paramount duties owed by a lawyer to a client are loyalty and confidentiality.
 True.
False.

2. Rule 3-310 of the Rules of Professional Conduct, which governs conflicts of interest, is inapplicable when an attorney is not acting as counsel for a client.
True.
False.

3. An attorney can avoid a conflict of interest between an existing client and a new client by resigning from his or her existing engagement.
True.
False.

4. Rule 3-310(E) of the Rules of Professional Conduct, which prohibits the use of a former client's confidential information, is inapplicable if the former client is not an adverse party in a lawsuit against a new client.
True.
False.

5. Lawyers cannot be the arbiter of their own fidelity and what is and is not a privileged communication in order to avoid breaching their fiduciary duty to a client.
True.
False.

6. After severing a relationship with a client, lawyers may not:
A. Do anything that will injure the former client in any matter in which they formerly represented the client.
B. Use against their former client any knowledge or information acquired by virtue of the relationship.
C. A and B.

7. When a substantial relationship exists between former and current representations, courts will presume that confidences material to the current dispute were exchanged between the lawyer and former client.
True.
False.

8. A lawyer can rebut the presumption that material confidences were shared by showing that he or she had no opportunity to obtain confidential information.
True.
False.

9. To protect a former client's confidences, a lawyer may be disqualified from a new representation unless the lawyer obtains informed written consent from both the former client and the new client.
True.
False.

10. An appearance of impropriety, without evidence that a lawyer shared confidential information, is sufficient to disqualify the lawyer.
True.
False.

11. A court will not disqualify a lawyer based on double imputation; that is, by imputing knowledge of confidential information from one member of a firm to all of the lawyers in the firm, and from that firm to an entirely different firm.
True.
False.

12. A confidentiality clause in a settlement agreement does not prevent the client from testifying as a percipient witness in another lawsuit brought by the same lawyer who represented the client in the case that led to the settlement agreement.
True.
False.

13. Possession of an adversary's confidential information by a lawyer automatically disqualifies the lawyer.
True.
False.

14. Business and Professions Code Section 6068(e) states that it is the duty of a lawyer "to maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client."
True.
False.

15. Business and Professions Code Section 6068(e) has no exceptions.
True.
False.

16. The new ethical rules issued by the SEC pursuant to the Sarbanes-Oxley Act of 2002 allow an attorney to reveal confidential information:
A. To prevent the issuer of stock from committing a material violation likely to cause substantial financial injury to the issuer or investors.
B. To prevent the issuer from committing an illegal act.
C. To rectify the consequences of a material violation or illegal act in which the attorney's services were used.
D. All of the above.

17. The SEC rules promulgated under the Sarbanes-Oxley Act of 2002 are inconsistent with Business and Professions Code Section 6068(e).
True.
False.

18. To enforce a fee-sharing agreement, an attorney must comply with Rule 2-200(A)(1) of the Rules of Professional Conduct by disclosing the fee division in writing to the client and obtaining the client's written consent.
True.
False.

19. An insurance company does not engage in the unauthorized practice of law by employing lawyers to represent its insureds because, absent a conflict of interest, the lawyers represent the insurer's own rights and interests as well as those of the insureds.
True.
False.

20. There is no fiduciary duty between cocounsel to protect their prospective interests in a contingent fee.
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.

   
Los Angeles Lawyer
 
 
 
 
       
   
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