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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

June 2005      MCLE Test and Answer Sheet

Test Number 138: 2004 Ethics Roundup

 
 

Instructions for Obtaining MCLE Credit

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. Before accepting a new representation, an attorney must seek informed written consent from clients with adverse interests if the attorney obtained confidential information in a former representation that is material to the new representation.
 True.
 False.

2. Confidential information obtained in a prior representation is material to a subsequent representation if the two representations are substantially related.
 True.
 False.

3. There is an absolute time limit on how long confidential information obtained in a previous representation can be material to a subsequent representation.
 True.
 False.

4. California state courts in some cases have approved the use of ethical screens involving public law departments but have not done so for private law firms.
 True.
 False.

5. A California lawyer can switch sides during an ongoing dispute without informed written consent, so long as he or she acts as an expert witness, and not as a lawyer, against the former client.
 True.
 False.

6. It is reasonable to presume that married lawyers will share with each other the confidences of their clients.
 True.
 False.

7. Lawyers who switch sides during an ongoing matter cannot be disqualified unless they disclose the former client's confidential information.
 True.
 False.

8. A lawyer who fails to obtain the client's written consent to a fee-sharing arrangement with another lawyer in violation of Rule 2-200 of the Rules of Professional Conduct nevertheless may recover in quantum meruit for the reasonable value of his or her services.
 True.
 False.

9. Class action lawyers who successfully obtain a settlement for their clients cannot be second-guessed if they fail to consider an additional theory not contemplated by the court order certifying the class.
 True.
 False.

10. A lawyer may not solicit clients in an Internet chat room for mass disaster victims because the solicitation would intrude or cause distress.
 True.
 False.

11. The use of an attorney's former government title on business stationery without a statement that the attorney is retired or no longer holds the position is inherently misleading.
 True.
 False.

12. Attorneys owe no duties to nonclients.
 True.
 False.

13. An attorney for a deceased testator is liable to family members who would have been beneficiaries of the estate but for their disinheritance in favor of a third party who is not a family member.
 True.
 False.

14. Under Rule 2-100 of the Rules of Professional Conduct, an attorney should consult with counsel for a corporation before contacting corporate directors--but this is not always necessary.
 True.
 False.

15. Upon appointment by the probate court, a successor administrator for an estate becomes the client of the lawyer for the original administrator and may sue the lawyer for malpractice.
 True.
 False.

16. If no one from a law firm appears for scheduled oral argument in the California Supreme Court, the managing partner of the firm is liable for sanctions, because the firm is counsel of record.
 True.
 False.

17. A lawyer may request a charging lien against the client's recovery to secure payment of the lawyer's contingent fee, but the lien constitutes an adverse interest and must comply with Rule 3-300 of the Rules of Professional Conduct to be enforceable.
 True.
 False.

18. A clause in a settlement agreement that would prevent the plaintiff's lawyer from disclosing the fact or amount of the settlement to other clients violates Rule 1-500 of the Rules of Professional Conduct, which prohibits agreements that restrict the practice of law.
 True.
 False.

19. The only exception to the statutory duty of attorney-client confidentiality allows disclosure of client confidences when an attorney reasonably believes it is necessary to do so to prevent a criminal act that the attorney reasonably believes is likely to result in death or substantial bodily harm.
 True.
 False.

20. In-house corporate counsel who are not members of the State Bar may practice law in California for an indefinite period of time if they comply with the requirements of a new California Rule of Court.
 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 legal ethics credit by the State Bar of California in the amount of one hour.

 


 
 
 
 

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