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


 
 

April 2006      MCLE Test and Answer Sheet

Test Number 147: 2005 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 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 ethics credit.*

1. Every lawyer admitted to practice in California has a duty to preserve the secrets of his or her clients at every peril to himself or herself.
 True.
 False.

2. According to the Rules of Professional Conduct, a lawyer may represent a client in a matter in which the lawyer has a particularly close relationship with the other party's lawyer--as long as the lawyer informs the client in writing.
 True.
 False.

3. The substantial relationship test applies when a lawyer may have learned confidential client information in successive engagements.
 True.
 False.

4. If one of two lawyers acting as cocounsel has access to confidential client information that gives rise to a conflict of interest, both lawyers may be disqualified.
 True.
 False.

5. In simultaneous or dual representation cases, "the primary value at stake," according to the California Supreme Court, is the attorney's duty of confidentiality.
 True.
False.

6. Absent client consent, a lawyer cannot represent an adversary to his or her client, even in a matter wholly unrelated to the engagement.
 True.
 False.

7. A lawyer cannot act as cocounsel in a class action and serve as a class representative in the same action.
 True.
 False.

8. The American Bar Association's Model Rules of Professional Conduct apply to California lawyers if they are appearing in a federal proceeding in California.
 True.
 False.

9. A client may be deemed to have waived the right to confidentiality if he or she agrees to testify as an expert in a matter in which the client's former lawyer represents the adverse party.
 True.
 False.

10. Prior to the formation of the attorney-client relationship, the duty of confidentiality does not apply to information communicated to a lawyer by a prospective client.
 True.
 False.

11. The lawyer can prevent the attorney-client privilege from attaching to communications by a prospective client by stating that he or she will not represent the client.
 True.
 False.

12. To prevent prospective clients from providing unsolicited confidential information to a lawyer's Web site, the lawyer should place a disclaimer on the Web site stating, in plain language, that submissions to the site will not be confidential.
 True.
 False.

13. Unsupported accusations by lawyers of judicial misconduct are to be expected in the heat of litigation and are not subject to sanctions.
 True.
 False.

14. A client may sue his or her lawyer for giving the client bad advice that leads the client to violate a criminal statute.
 True.
 False.

15. Normally, a lawyer sued by his or her client for malpractice may not sue a successive lawyer for indemnity, lest the indemnity claim create a conflict of interest between the lawyers and the client or lead to the disclosure of confidential client information.
 True.
 False.

16. The rule against fee-splitting in the Rules of Professional Conduct does not apply to arrangements between partners.
 True.
 False.

17. The Rules of Professional Conduct govern the conduct of California lawyers when they are practicing in another state
 True.
 False.

18. The client's right to compel arbitration under the Mandatory Fee Arbitration Act can be waived by delay and the resulting prejudice to the lawyer.
 True.
 False.

19. Inadvertent contact with a judge through a Listserv constitutes an unethical ex parte contact.
 True.
 False.

20. California's ethical standards for arbitrators in contractual arbitrations are preempted in securities arbitrations administered by the National Association of Securities Dealers (NASD).
 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.

 


 
   
 

Copyright 2006, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
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