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


 
 

June 2007      MCLE Test and Answer Sheet

Test Number 160: Advice and Consents

 
 

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. A lawyer who obtains a blanket consent from a client does not have to obtain any other waiver from that client.
 True.
 False.

2. The status of a client is irrelevant to consent validation.
 True.
 False.

3. Blanket consents are per se unethical.
 True.
 False.

4. Rule 3-310(A) of the California Rules of Professional Conduct requires that the lawyer inform the client of reasonably foreseeable consequences as well as the facts and events that create the potential or actual conflict.
 True.
 False.

5. A consent is the same as an offer and must be definite and certain so that clients will understand what they are agreeing to waive.
 True.
 False.

6. Absent an informed written consent, if a conflict occurs in the multiple representation of joint venturers, a lawyer must withdraw from the representation of all the clients.
 True.
 False.

7. A waiver that is obtained after the inception of the attorney-client relationship is an arm's-length transaction.
 True.
 False.

8. Context is irrelevant in consent validation; a client accused of criminal conduct is the same as a client who is the member of a class action with 1,000 members.
 True.
 False.

9. If in-house counsel reviews a prospective consent for a corporation, the consent is more likely to be validated.
 True.
 False.

10. An attorney should be cautious when representing two or more clients in the same industry.
 True.
 False.

11. Rule 3-310 is flexible, so a consent can be obtained at anytime, even after the conflict has vested.
 True.
 False.

12. Lawyers involved in a firm audition known as a beauty contest cannot be subject to disqualification if they are not retained.
 True.
 False.

13. A lawyer cannot represent a corporation and an employee who are both defendants in a case.
 True.
 False.

14. A consent that contains the provisions of Rule 3-310 is a sufficient method of advising a client of the reasonably foreseeable consequences of a consent.
 True.
 False.

15. The fundamental paradigm of the Rules of Professional Conduct is one lawyer serving one client.
 True.
 False.

16. Rule 3-310 permits clients to consent to any circumstance, including a lawyer being on both sides of a litigation.
 True.
 False.

17. Consent counsel may be selected from the same firm of the lawyer seeking the consent.
 True.
 False.

18. Changing business relationships among corporations, such as mergers and acquisitions, can result in a client-created conflict of interest.
 True.
 False.

19. Clients are described as "poisoning the well" if they distribute their conflicts throughout a legal community to deprive their adversaries of the ability to retain counsel of their choosing.
 True.
 False.

20. An informed consent will prevent the client or the court from engaging in "factual reconstruction."
 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.

 


 
   
 

Copyright 2007, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
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