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

MCLE Test and Answer Sheet
Test No. 116: Unwelcome Opinions
(June 2003)

Instructions for Obtaining MCLE Credits:
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 $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 legal ethics credit.

1. The elements that must be proved for attorney malpractice and attorney breach of fiduciary duty are similar in form.
 True.
False.

2. Modifying the Rules of Professional Conduct is the only activity of the State Bar of California that does not require the approval of the California Supreme Court.
 True.
False.

3. In what year did the current Rule 1-100 of the Rules of Professional Conduct become operative?
A. 1986.
B. 1975.
C. 1997.
D. 1989.

4. The current Rule 1-100 of the Rules of Professional Conduct expressly states that the rules are intended to create legal duties for attorneys.
 True.
False.

5. The court in Ross v. Creel Printing & Publishing Company criticized what prior opinion?
A. Stanley v. Richard.
B. Kinnamon v. Staitman & Snyder.
C. Day v. Rosenthal.
D. Mirabito v. Liccardo.

6. Expert witness testimony is always admissible for the purpose of offering a legal opinion.
 True.
False.

7. Whether a duty exists is a question of:
A. Fact.
B. Law.
C. A and B.

8. Whether there was a breach of a duty is a question of:
A. Fact.
B. Law.
C. A and B.

9. A conflict of authorities exists in California as to whether the Rules of Professional Conduct are the governing authority to determine whether an attorney breached a fiduciary duty to a client.
 True.
False.

10. The court in Piscitelli v. Friedenberg held that the attorney expert witness could opine that the plaintiff in the action would have prevailed at arbitration but for the attorney defendant ’s legal malpractice.
 True.
False.

11. The standard of care for an attorney defendant in a legal malpractice action is based on the conduct of attorneys who practice in the same locale under similar circumstances.
 True.
False.

12. The court in Ross v. Creel Printing & Publishing Company held that an independent cause of action for breach of a disciplinary rule does not exist.
 True.
False.

13. Expert opinion is admissible if it relates to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact in rendering its decision.
 True.
False.

14. At the time Day v. Rosenthal was decided, Rule 1-100 of the Rules of Professional Conduct contained the same disclaimer language that is included in the current version of the rule.
 True.
False.

15. Which is not one of the elements of a cause of action for breach of fiduciary duty?
A. The existence of a fiduciary duty.
B. A breach of the fiduciary duty.
C. The intent to breach the duty.
D. Damage caused by the breach of the duty.

16. If an expert witness testifies contrary to the Rules of Professional Conduct, the expert’s testimony supersedes the rules.
 True.
False.

17. Mirabito v. Liccardo relied on which case for the proposition that attorneys’ duties to their clients are governed by the Rules of Professional Conduct along with statutes and certain general principles?
A. Downer v. Bramet.
B. David Welch Company v. Erskine & Tulley.
C. Stanley v. Richard.
D. Budd v. Nixen.

18. An expert opinion is admissible even if it embraces the ultimate issue to be decided by the trier of fact.
 True.
False.

19. There is a discrepancy among the 50 states whether rules of ethics are relevant to the determination of an attorney’s negligence and/or breach of fiduciary duty.
 True.
False.

20. The dissenting opinion in Kinnamon v. Staitman & Snyder found that the Rules of Professional Conduct were intended to be used as a shield from an attorney’s unethical conduct rather than as a sword to recover monetary damages.
 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.
   
Los Angeles Lawyer
 
 
 
 
       
   
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