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

MCLE Test and Answer Sheet
Test No. 124: Ethics Roundup 2003
(March 2004)


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 credit.*

1. The duty of confidentiality, a core value of the legal profession, has been codified in California since 1872.
 True.
False.

2. Under California law, a lawyer must "maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client."
 True.
False.

3. The amendment to Code of Civil Procedure Section 6068(e) will require a lawyer to reveal confidential client information if the lawyer reasonably believes the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in death or substantial bodily harm.
 True.
False.

4. The attorney conduct rules promulgated by the Securities and Exchange Commission under the Sarbanes-Oxley Act are consistent with California’s Rules of Professional Conduct.
 True.
False.

5. The duty of loyalty prohibits lawyers from attacking their clients during cross-examination at trial, even if the examination is based on public information.
 True.
False.

6. The duty of loyalty is codified in a California statute.
 True.
False.

7. Ordinarily, a lawyer owes no professional duties to nonclients.
 True.
False.

8. A communication between a lawyer and a nonclient may give rise to a duty of confidentiality even if no attorney-client relationship is formed.
 True.
False.

9. An attorney for an insurance carrier may not misrepresent the nature of the coverage of the carrier’s insured to opposing parties.
 True.
False.

10. A law firm may represent a party in a lawsuit brought against a current client of the firm if the client gave its informed written consent in advance to the conflict of interest.
 True.
False.

11. Procedures put in place by a law firm to screen confidential client information from other lawyers in the firm may be effective to rebut the presumption that one lawyer’s knowledge of confidential information is imputed to all lawyers within the firm.
 True.
False.

12. A lawyer may not accept employment adverse to a former client, absent informed written consent by both clients, if the lawyer obtained confidential information in the prior engagement that is material to the new engagement.
 True.
False.

13. Regarding successive engagements, an attorney’s possession of confidential information is presumed if there is a substantial relationship between the former and the present representations, and the relationship of the attorney and the former client is such that confidential information material to the current representation normally would have been imparted to the attorney.
 True.
False.

14. The award of an arbitration panel will not be disturbed if a party cannot point to any particular impact on the award as a result of the opposing lawyer’s alleged conflict of interest.
 True.
False.

15. A lawyer is prohibited from communicating with a party that the lawyer knows or should know is represented by another lawyer.
 True.
False.

16. When a corporation is represented by counsel, officers, directors, and managing agents of the corporation are "represented parties" under Rule 2-100 of the Rules of Professional Conduct.
 True.
False.

17. After a lawyer withdraws from representing a client, the lawyer may not recover his or her contingent fee.
 True.
False.

18. A lawyer who is disqualified due to a conflict of interest in violation of the Rules of Professional Conduct may be paid for services actually rendered.
 True.
False.

19. A lawyer who agrees to mediate a dispute between his or her client and another party may act as an advocate for the client.
 True.
False.

20. An attorney may enter into a business transaction with a client if the terms are fair and reasonable to the client, even if the client does not consent in writing.
 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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