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


 
 

November 2007      MCLE Test and Answer Sheet

Test No. 164: Calling the Bluff

 
 

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. The litigation privilege does not protect parties and their advocates from civil liability for:
A. Perjury.
B. Fraud.
C. Eavesdropping.
D. Submission of a forged will to probate.

2. The litigation privilege applies only to pending litigation.
 True.
 False.

3. Under California law, lawyers in negotiation owe no duty to an opposing party represented by counsel.
 True.
 False.

4. The California Supreme Court has stated that malicious prosecution is the sole exception to the litigation privilege.
 True.
 False.

5. Which of the following is not a policy in support of the litigation privilege?
A. The opportunity to reveal truth through discovery.
B. Preventing lawyers from suing each other.
C. Encouraging lawyers to protect their clients' interests.
D. Protecting parties from multiple damage suits.

6. California adopts the majority rule regarding what advocates may say to the other side in settlement negotiations.
 True.
 False.

7. Under California case law, the duty an insurance carrier owes to its insured supersedes the litigation privilege.
 True.
 False.

8. The California Supreme Court has affirmed that there are no exceptions to mediation confidentiality.
 True.
 False.

9. The California Rules of Professional Conduct largely ignore the ethics of negotiations.
 True.
 False.

10. Which of the following is not expressly considered an unprofessional negotiating tactic by the California Attorney Guidelines of Civility and Professionalism?
 A. Setting an arbitrary deadline.
 B. Taking advantage of a superior bargaining position.
 C. Taking a negotiating position that is not in good faith.
 D. Arguing with an opposing party even with its counsel present.

11. Which of the following negotiating tactics is prohibited by the ABA Model Rules of Professional Conduct?
 A. Affirmatively misrepresenting insurance policy limits.
 B. Exaggerating one's bargaining power.
 C. Voluntary nondisclosure of the existence of an insurance policy.
 D. A false estimate of price or value.

12. The ABA Model Rules of Professional Conduct prohibit "false statements of material fact" even when made unintentionally.
 True.
 False.

13. The ABA Model Rules of Professional Conduct do not apply to mediated negotiations.
 Yes.
 No.

14. The ABA Model Rules of Professional Conduct impose no obligation on a lawyer to inform the other side that the statute of limitations has run.
 True.
 False.

15. A lawyer cannot conceal the death of his or her client in a pending personal injury claim.
 True.
 False.

16. In a nonlitigation context, a lawyer may affirmatively misrepresent insurance policy limits.
 True.
 False.

17. The litigation privilege does not preclude recovery for contract damages against a party.
 True.
 False.

18. The ABA Model Rules of Professional Conduct oblige a lawyer to clarify the other side's factual misunderstanding even when the lawyer and his or her client did not create the misunderstanding.
 True.
 False.

19. The ABA Model Rules of Professional Conduct require a party's statements regarding its negotiating goals to be truthful.
 True.
 False.

20. The California Attorney Guidelines of Civility and Professionalism impose additional obligations on lawyers when they are conducting negotiations.
 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 2007, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
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