April 2015 LACBA MCLE Test and Answer Sheet

Test No. 245: 2014 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. The California Supreme Court adopted new Rules of Professional Conduct in 2014.

2. Former in-house lawyers may ethically disclose the secrets of their former employer to their own attorney to prepare a wrongful termination claim.

3. Disclosure of privileged information to persons with a common interest does not waive the privilege.

4. The presence of persons with conflicting loyalties destroys the common interest doctrine.

5. Lawyers should take precautions to protect the confidentiality of communications with foreign clients from government surveillance.

6. A lawyer who consults with his firm's general counsel regarding a problem with a client during the engagement breaches his or her fiduciary duty to the client.

7. The attorney-client privilege for communications between lawyers and their firm's general counsel does not relieve the lawyers from reporting malpractice to the client.

8. A conflict of interest between a criminal defendant and his or her lawyer destroys the effective assistance of counsel.

9. A legal malpractice claim arising out of a 14-year-old settlement is time-barred.

10. A lawyer may have a fiduciary duty under the Probate Code to account for funds in his or her client trust account.

11. A conservator's suit against the estate's lawyers is barred by unclean hands because the former conservator's malfeasance is imputed to the successor.

12. A new conservator can enforce the duties owed to the prior conservator by the former lawyers.

13. There is a split of authority in California whether malicious prosecution claims against a lawyer are governed by a one- or two-year statute of limitations.

14. An attorney's lien on settlement proceeds in a successor lawyer's client trust account is not enforceable until after the lawyer files a separate action against the former clients.

15. The Business and Professions Code requires a written fee agreement with an individual client.

16. Lawyers are not entitled to a multiplier on their billing rate if they do not assume any contingent risk.

17. When a firm dissolves, all lawyers in the firm owe a duty to take steps to avoid prejudice to the clients.

18. A dissolved law firm may recover fees earned on ongoing matters for its former clients by successor firms.

19. It is unethical for a lawyer to imply an ability to improperly influence a judge.

20. Photographs on an attorney's website showing the attorney at social events are not subject to rules governing attorney advertising.

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.