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Table of Contents    Cover    Featured Article

MCLE Test and Answer Sheet

Test No. 96: 2000 Ethics Roundup (June 2001 LA Lawyer) 
Instructions for Obtaining MCLE Credits
  1. Study the CLE article in this issue.    
  2. Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.  
  3. 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. Each question has only one answer. This test is worth 1 hour of credit.*

1. A party to a premarital agreement is unrepresented by independent counsel. The voluntariness of any subsequent premarital agreement will be subjected to strict judicial scrutiny unless the represented party's counsel advises the unrepresented party that 1) the attorney's responsibility is to pursue and protect only the interests of his or her client, 2) spousal interests are probably not identical and are likely to conflict, 3) the spouses' interests will change over time and the attorney will not be concerned with providing for all the changed circumstances that could possibly have an impact on the unrepresented spouse, and 4) signing the agreement will eliminate or modify the unrepresented party's statutory rights.
True.
False.

2. Before advising an unrepresented party to a premarital agreement that he or she should consult independent counsel about the terms of the premarital agreement, the represented party's lawyer must discuss the matter with his or her client.
True.
False.

3. A lawyer may undertake the representation of both parties to a premarital agreement provided that there is an appropriate waiver of the conflict of interest and the representation does not breach a duty of loyalty to an existing client.
True.
False.

4. Counsel for a trust represented a prior trustee of the trust in the trustee's capacity as a representative of the trust. If the trust instrument is silent, counsel for the trust has no duty to reveal the prior trustee's confidential information to a successor trustee.
True.
False.

5. An attorney for a trust has a duty to disclose privileged attorney-client information regarding the administration of the trust to the trust beneficiaries. True.
True.
False.

6. In the highly specialized field of securities offerings, the offeror's counsel has an automatic duty to conduct a reasonable and independent investigation to detect and correct false or misleading materials.
A. True.
B. False.

7. Generally an attorney who represents corporate clients does not have an automatic duty to independently investigate whether his or her clients are engaging in fraudulent conduct.
True.
False.

8. In a derivative action, a corporate shareholder has standing to sue the corporation's outside counsel for legal malpractice.
True.
False.

9. A lawyer who makes a court appearance as a courtesy to a friend or colleague is presumed to have an attorney-client relationship with the client of the friend or colleague.
True.
False.

10. A member of a law firm is personally disqualified because, as a former judge, the member participated in settlement negotiations that are substantially related to the firm's current representation. The firm will not be vicariously disqualified if it has erected a timely and effective screening mechanism.
True.
False.

11. An associate acquired confidential information about an adverse party during his prior employment (although not in the course of an attorney-client relationship). The knowledge of the confidential information must be imputed to the members of the associate's current firm. This will require vicarious disqualification of the firm in the action involving the adverse party-even though the associate was required by Civil Code Section 2860 and a protective order to maintain the confidentiality of the information and the firm erected a timely ethics wall to prohibit dissemination of the information within the firm.
True.
False.

12. Three partners in the XYZ law firm had previously been employed by the ABC law firm, which had represented Client. The partners had never worked on or had access to Client's information. XYZ and the partners represent Plaintiff against Client. If Client brings a disqualification motion based on the three partners being employed at ABC when the firm gave advice in a substantially related matter, the partners and the XYZ law firm will be disqualified.
True.
False.

13. The local counsel for clients in a federal court bankruptcy action has no duty to inform the clients' lead counsel or the debtor that the bankruptcy judge's law clerk accepted an offer of employment with the local counsel's firm.
True.
False.

14. Insurance Company sued Law Firm for legal malpractice. Insurance Company had retained Law Firm to represent the company's insured in a personal injury case, after which the insured sued Insurance Company for bad faith. Insurance Company claimed that Law Firm had failed to forward a critical medical report necessary to evaluate a policy limits demand and thus exposed Insurance Company to the risk of the insured's bad faith action. Insurance Company will not have to follow the "case within a case" rule for establishing causation and damages because Insurance Company's damages arose from its insured's bad faith action rather than Law Firm's negligent prosecution or defense of the underlying action.
True.
False.

15. A corporation was unsuccessful in a legal malpractice action against its former lawyer. Under Corporations Code Section 317, the former lawyer may obtain a trial court order requiring the corporation to indemnify the former lawyer for expenses and attorney's fees incurred in the legal malpractice defense.
True.
False.

16. A federal court orders sanctions against an attorney for unprofessional conduct. These sanctions are subject to an automatic stay in a bankruptcy proceeding brought by a debtor-attorney.
True.
False.

17. Rule 983 of the California Rules of Court, which regulates pro hac vice admission of out-of-state attorneys, violates the privileges and immunities clause of the U.S. Constitution.
True.
False.

18. A corporation that prevails in a contract action should be awarded attorney's fees for the work of its in-house counsel based upon the number of hours expended by counsel multiplied by the prevailing market rate for comparable legal services in the community where counsel is located.
True.
False.

19. A bankruptcy attorney who is properly admitted to practice in the federal district court in which the attorney is appearing but who is not a member of the state bar in the state in which the district court is situated is an "attorney" as defined by the Bankruptcy Code and is eligible to receive attorney's fees.
True.
False.

20. A law firm that insisted upon an hourly rate rather than a contingency fee creates a surplus estate due to its success in settling the claims of a group of debtors in a bankruptcy action. A court should deny the firm's request for a bonus fee in addition to its full hourly rate.
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. 
  

*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.  
 
 
 
   
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