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


 
 

March 2007      MCLE Test and Answer Sheet

Test Number 157: 2006 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 credit.*

1. All lawyers owe their current clients a duty of loyalty and their current and former clients a duty of confidentiality.
 True.
 False.

2. A lawyer cannot concurrently represent two clients with adverse interests unless both clients give their informed written consent.
 True.
 False.

3. A lawyer cannot represent a client adverse to a former client without the latter's informed written consent if the lawyer obtained confidential information material to the new engagement from the former client.
 True.
 False.

4. Under California law, an ethical screen is sufficient to avoid disqualification of an entire law office.
 True.
 False.

5. Only a person who has a fiduciary relationship with a lawyer has standing to disqualify the lawyer.
 True.
 False.

6. To disqualify a former lawyer from representing an adversary in a new proceeding, a client generally must show there is a substantial relationship between the two engagements.
 True.
 False.

7. A former lawyer will be disqualified if he has learned the former client's "playbook," or method of litigating.
 True.
 False.

8. Informed written consent requires, among other things, that the client be made aware of the dangers and possible consequences of joint representation.
 True.
 False.

9. A lawyer must preserve the secrets of his or her client, at every peril to himself or herself.
 True.
 False.

10. A lawyer can be sued for breach of fiduciary duty and malpractice if he or she discloses confidential client information.
 True.
 False.

11. The identity of class members is always attorney-client privileged information.
 True.
 False.

12. A lawyer may not threaten to bring criminal, administrative, or disciplinary charges to gain an advantage in a civil dispute.
 True.
 False.

13. A lawyer who acts as an escrow holder owes a paramount duty of loyalty to his or her client and may disregard the rights of the other party.
 True.
 False.

14. A lawyer who misleads a judge or jury is subject to discipline under the Rules of Professional Conduct.
 True.
 False.

15. A lawyer cannot withdraw from pending litigation without the permission of the court.
 True.
 False.

16. Prosecutors may be disqualified if they cannot exercise their discretion in an evenhanded manner, with the result that the defendant is unlikely to receive a fair trial.
 True.
 False.

17. A charging lien in a contingent fee case is an adverse interest and subject to Rule 3-300 of the Rules of Professional Conduct.
 True.
 False.

18. A lawyer for a successful party may intervene to collect that party’s statutory fees when the action has resulted in the enforcement of an important right affecting the public interest.
 True.
 False.

19. When a client disputes the lawyer's fee after it has been withdrawn from the client's trust account, the lawyer must put the money back into the account until the dispute is resolved.
 True.
 False.

20. A lawyer does not need to be admitted to practice law in California to practice before a federal agency in California.
 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 ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

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