April 2014  LACBA MCLE Test and Answer Sheet

Test No. 234: 2013 Ethics Roundup

To access the article related to this test, please click here.
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education legal 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 $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
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 conflict of interest can result in an attorney's disqualification, malpractice claims, and disgorgement of fees.

2. When an attorney represents successive clients with adverse interests, the new client's right to counsel is weighed against the former client's right to confidentiality.

3. Exposure to a client's playbook information will always result in an attorney's disqualification if he or she is adverse to the client in a later representation.

4. When an attorney concurrently represents clients with conflicting interests, he or she must be concerned about the duty of loyalty.

5. An attorney's disclosure of confidential client information in connection with litigation is constitutionally protected speech and petitioning activity under the anti-SLAPP statute.

6. If an expert who possesses confidential information material to the proceedings is contacted by opposing counsel, a rebuttable presumption arises that the information was disclosed.

7. The attorney-client privilege and work product doctrine always protect statements to experts from discovery.

8. The crime-fraud exception requires independent evidence before an attorney can use a privileged document.

9. The litigation privilege protects an attorney from liability for false statements to the press.

10. A demand letter that couples a demand for money with a threat to report conduct to criminal and government authorities if payment is not made violates the Rules of Professional Conduct.

11. A demand letter that couples a demand for money with a threat to file a lawsuit if payment is not made violates the Rules of Professional Conduct.

12. A lawyer for an employer may defend an employee's deposition but must advise the employee of any potential conflicts of interest.

13. A law firm can compel a former client to arbitrate their dispute even if the client cannot afford the arbitrator's charges.

14. It is not reasonable to doubt whether an arbitrator could be impartial because of a reference to an attorney in a 10-year-old resume.

15. Malicious prosecution requires proof of termination in favor of the plaintiff, lack of probable cause, and malice.

16. A voluntary dismissal is presumed to be a favorable termination on the merits.

17. Malice can be inferred when a lawyer sues the defendant to put pressure on another party.

18. A lawyer who deceives a federal court can only be reported to the district's disciplinary committee.

19. A court has discretion to deny recovery of legal fees by a lawyer who obstructs discovery of his or her time records.

20. The California Supreme Court has approved new Rules of Professional Conduct.

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 legal ethics credit by the State Bar of California in the amount of one hour.