April 2017 LACBA MCLE Test and Answer Sheet

Test No. 267: 2016 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 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-study 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. Release of documents pursuant to a Public Records Act request does not waive the attorney-client privilege, absent an intentional and knowing waiver.

2. For a communication between a lawyer and client to be privileged, it must be made for the purpose of legal consultation.

3. Unless waived, attorney-client privileged information never loses the protection of the privilege.

4. A California court generally cannot conduct an in camera inspection of a document claimed to be privileged.

5. After a lawyer has represented a client in a lawsuit for three years, he cannot be disqualified for a conflict of interest.

6. A lawyer has a duty to use information obtained from a former client to aid a current client, so long as the former engagement is concluded.

7. In a derivative suit against the corporation and its officers, the defendants’ interests are aligned for purposes of conflict of interest analysis.

8. Under the Rules of Professional Conduct, an entity’s consent to joint representation must be given by a representative who is not also a joint client.

9. The state bar’s disciplinary system is unconstitutional because judicial review by the California Supreme Court is discretionary.

10. An attorneys’ fee arbitration award in favor of the client is nondischargeable in bankruptcy.

11. An opposing attorney may communicate with 
a public official, even if the official is represented 
by counsel.

12. When a class action establishes a monetary fund for the benefit of class members, an award of attorney’s fees can be based on a percentage of the fund.

13. Though it is the prevailing party, a suspended corporation forfeits the right to recover its attorneys’ fees.

14. A lawyer’s sexist remarks to opposing counsel can result in sanctions by the court.

15. When a lawyer forms a business with a client, an arbitration clause in the operating agreement does not automatically govern a malpractice claim arising out of their attorney-client relationship.

16. Trial of a malpractice claim in federal court does not violate the federal policy favoring arbitration if the claimant could not afford the arbitration.

17. The statute of limitations for legal malpractice is tolled while the attorney continues to represent the client regarding the specific subject matter in which the wrongful act or omission occurred.

18. When a lawyer resigns from an engagement, the attorney-client relationship does not end until he or she returns the client’s files.

19. E-mail from a lawyer promising to help an investor recover losses from the lawyer’s client constitutes protected petitioning activity under the anti-SLAPP statute.

20. A law firm sued for defamation cannot raise the “fair report” privilege as a defense unless its press release is completely true and accurate.


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.