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 may use a privileged document inadvertently produced by opposing counsel because of the lawyer's ethical duty to represent his or her client zealously.
 True.
 False.

2. A lawyer receiving a privileged document inadvertently produced by opposing counsel should refrain from reviewing the document any more than is necessary to ascertain that the document may be privileged and immediately notify the sender that the lawyer possesses a document that appears to be privileged.
 True.
 False.

3. A lawyer has an ethical obligation to preserve the secrets of his or her client at every peril to himself or herself.
 True.
 False.

4. Lawyers are permitted to disclose a client's confidential information to the extent necessary to defend themselves against a third-party claim.
 True.
 False.

5. A lawyer is permitted to disclose a client's confidential information to the extent the lawyer reasonably believes is necessary to prevent any criminal act.
 True.
 False.

6. The privilege afforded to attorney work product may be set aside when evidence shows that the client is committing a crime or fraud.
 True.
 False.

7. If a current client accuses his or her law firm of an ethical breach, the law firm must turn over to the client the firm's internal memoranda analyzing whether the firm complied with its ethical duties.
 True.
 False.

8. If a current client accuses his or her law firm of an ethical breach, the law firm must turn over to the client memoranda between the firm and an outside lawyer retained by the firm to determine whether the firm complied with its ethical duties.
 True.
 False.

9. Based on third-party beneficiary and implied contract theories, a law firm hired by an insurer to represent its insured also owes a duty of care to a reinsurer with which the law firm regularly communicates.
 True.
 False.

10. A contingency fee agreement must be in writing.
 True.
 False.

11. A contingency fee agreement is valid if it substantially complies with the requirements of Business and Professions Code Section 6147.
 True.
 False.

12. Lawyer referral services must be licensed with the State Bar.
 True.
 False.

13. A lawyer may ethically accept payment by credit card for earned and unearned fees.
 True.
 False.

14. A lawyer may ethically accept payment by credit card for costs and expenses already incurred.
 True.
 False.

15. A lawyer may ethically accept payment by credit card for advances for costs and expenses.
 True.
 False.

16. After the termination of an engagement and upon the client's request, a lawyer is ethically required to send the client all client papers and property, including some electronic documents, even if the client has refused to pay the lawyer's fees.
 True.
 False.

17. A legal malpractice claim is tolled while the lawyer continues to represent the client regarding the subject matter in which the alleged wrongful act or omission occurred.
 True.
 False.

18. A lawyer owes current clients a duty of undivided loyalty and owes former clients a duty of loyalty regarding those matters in which the lawyer previously represented them.
 True.
 False.

19. A litigant who is seeking to disqualify opposing counsel for speaking independently with the litigant's expert about the matter in dispute bears the burden of proving that confidential information imparted to the expert by the litigant's lawyer was transmitted to opposing counsel.
 True.
 False.

20. In the corporate context, the attorney-client privilege is limited to communications in which an in-house or outside lawyer participates.
 True.
 False.

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