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

MCLE Test and Answer Sheet
Test No. 132: Private Eyes
(December 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. Private investigators have a statutory duty to maintain the confidentiality of client information.
 True.
False.

2. If private investigators commit negligent torts, are the lawyers who hire them vicariously liable for those torts?
A. Yes.
B. No.
C. The question is left undecided by case law.

 3. Persons who locate lost or stolen property and conduct no other types of investigations must be licensed as private investigators.
 True.
False.

4. A private investigator who is retained by a lawyer may assert the attorney work product doctrine to object to discovery of the investigator's comments, opinions, and theories.
 True.
False.

5. Private investigators may use tricks and ruses if they can prove that these strategems are necessary for conducting their investigations.
 True.
False.

6. Private investigators may deceive and mislead people during interviews as long as the investigators avoid direct lies.
 True.
False.

7. Lawyers will not run afoul of Rule 2-100 of the Rules of Professional Conduct, which prohibits lawyers from communicating with represented adversaries, if the lawyers retain private investigators to communicate with those adversaries.
 True.
False.

8. Under the Private Investigator Act, who may conduct investigations without being licensed as private investigators?
 A. Off-duty peace officers.
B. Insurance adjusters.
C. Process servers.
D. All of the above.
E. None of the above.

9. Under the Private Investigator Act, lawyers are exempt from:
A. Being licensed as private investigators.
B. The prohibition on knowingly hiring unlicensed investigators.
C. A and B.
D. None of the above.

10. Licensed private investigators may employ or contract with unlicensed persons to perform investigative tasks.
 True.
False.

11. Under Kennard v. Rosenberg, who may be retained as experts or consultants to investigate matters in litigation without being licensed as private investigators?
A. Doctors.
B. Accountants.
C. Handwriting experts.
D. All of the above.
E. None of the above.

12. May lawyers be held liable for their own negligence in supervising or entrusting private investigators?
A. Yes.
B. No.
C. The question is left open by case law.

13. If a private investigator obtains evidence via fraudulent or deceitful conduct, trial courts may exclude the evidence.
 True.
False.

14. Licensed private investigators are exempt from the California Privacy Act's prohibition on secret wiretapping, eavesdropping, and recording.
 True.
False.

15. In response to relevant discovery, do private investigators have a privilege to withhold the identity of their clients?
A. Yes.
B. No.
C. The question is left open by case law.

16. The Information Practices Act includes a private right of action against individuals who disclose nonpublic "personal information" from federal or state records.
 True.
False.

17. A recently enacted prohibition against viewing the interiors of bedrooms and bathrooms applies to the use of cameras or camcorders but does not apply to binoculars or telescopes.
 True.
False.

18. A lawyer has no vicarious liability for the torts of a private investigator when the lawyer retains the investigator for only a single investigation.
 True.
False.

19. The Rules of Professional Conduct prohibit lawyers from sharing client fees with private investigators.
 True.
False.

20. In The Big Sleep, private investigator Philip Marlowe visited what Hollywood Boulevard business of Arthur Geiger?
A. Restaurant.
B. Book shop.
C. Drug store.
D. Tattoo parlor.

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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