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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

September 2005      MCLE Test and Answer Sheet

Test Number 140: Advice and Counsel

 
 

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. Legal advice traditionally is defined as advice given to a client by a lawyer.
 True.
 False.

2. In Holm v. Superior Court, the California Supreme Court set forth the dominant-purpose test for characterizing advice.
 True.
 False.

3. Even in the context of providing business advice, a lawyer may be obligated to volunteer legal opinions if the situation so warrants.
 True.
 False.

4. Any failure on the part of a lawyer to perform competently constitutes legal malpractice.
 True.
 False.

5. Medical malpractice cases can provide useful frameworks for analysis of claims of legal malpractice.
 True.
 False.

6. The burden of proof and the evidence necessary to meet that burden may differ for claims of ordinary negligence and claims of legal malpractice.
 True.
 False.

7. Expert testimony usually is needed to establish a breach of the standard of care in legal malpractice cases.
 True.
 False.

8. The defense of qualified, or judgmental, immunity is available in legal malpractice cases.
 True.
 False.

9. Whether an attorney's conduct is alleged to constitute ordinary negligence or professional malpractice may affect which statute of limitations applies.
 True.
 False.

10. Communications between an attorney and a client are invariably protected from disclosure by the attorney-client privilege.
 True.
 False.

11. Only the client can assert or maintain the attorney-client privilege.
 True.
 False.

12. Even communications that may have legal significance are not always protected from disclosure by the attorney-client privilege.
 True.
 False.

13. The dominant-purpose test is applicable to determining the existence of, and the extent of, the attorney-client privilege.
 True.
 False.

14. California recognizes a statutory privilege for attorney work product.
 True.
 False.

15. Any research done by an attorney will be protected from disclosure by the attorney work product doctrine.
 True.
 False.

16. "Professional services" is a consistently defined term in legal malpractice policies.
 True.
 False.

17. Some legal malpractice policies will cover acts or omissions by lawyers for services performed by lawyers even if the services could have been performed by nonlawyers.
 True.
 False.

18. In most situations, an attorney's advice to a client to breach an agreement with a third party is not actionable.
 True.
 False.

19. An insurer may reserve its rights to recover attorney's fees and costs expended in defending against noncovered claims even if it agreed to provide a defense.
 True.
 False.

20. Courts have allowed allegations of ordinary negligence to be asserted against attorneys if the allegedly negligent act was not a "legal service."
 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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