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

MCLE Test and Answer Sheet
Test No. 129: Behavior Modification
(September 2004)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education 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 Rules of Professional Conduct do not apply to criminal law prosecutors.
 True.
False.

2. The obligation not to make misrepresentations to opposing counsel is found in Business and Professions Code Sections 6068(d) and 6106.
 True.
False.

3. Offensive conduct by attorneys is specifically prohibited by Business and Professions Code Section 6068(f).
 True.
False.

4. An attorney can demean an opponent's objections but cannot call an opponent names.
 True.
False.

5. If an attorney's attacks on the integrity of opposing counsel cause a mistrial, the trial court must notify the State Bar about the attorney's misconduct.
 True.
False.

6. Although an attorney cannot attack the integrity of opposing counsel, it is proper to argue to a jury that "it's [my opponent's] job to throw sand in your eyes."
 True.
False.

7. Attorneys, in representing their clients, are entitled to substantial freedom of expression before a trial court.
 True.
False.

8. Counsel's failure to 1) timely object to an opponent's improper comments and 2) request an admonition regarding the comments will always result in a waiver of the issue on appeal.
 True.
False.

9. Once an attorney has objected to an erroneous ruling by the court, the attorney must stop arguing that point.
 True.
False.

10. A trial judge may admonish an attorney in front of the jury about the attorney's misconduct.
 True.
False.

11. A contempt citation that does not warrant discipline under the Business and Professions Code need not be reported to the State Bar.
 True.
False.

12. Attorneys have an obligation to tell the court, when asked, where clients can be reached.
 True.
False.

13. An attorney has no obligation to advise the court that the attorney made an innocent misrepresentation that led to a court order.
 True.
False.

14. The duty of an attorney to not cite an overruled decision arises from case law.
 True.
False.

15. When appearing ex parte in a matter, an attorney must advise the court of any controlling authority that squarely contradicts the attorney's position.
 True.
False.

16. The appearance of a government representative regarding a motion to disclose peace officer personnel records is an exception to the rule prohibiting ex parte communications with the court.
 True.
False.

17. The only consequence for the failure to obey a valid court order is contempt.
 True.
False

18. The litigation privilege in Civil Code Section 47(2) extends to disciplinary prosecutions for attorney misconduct committed during a court proceeding.
 True.
False.

19. The commission of any act involving moral turpitude can be grounds for disbarment or suspension.
 True.
False.

20. Threatening an opponent with reporting his or her conduct to the State Bar is not grounds for discipline.
 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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