April 2018 LACBA MCLE Test and Answer Sheet


Test No. 277: 2017 Ethics Roundup

To access the article related to this test, please click here. The article will open in a separate window.
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 County Bar Association
Los Angeles Lawyer MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles County Bar Association

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. On January 1, 2018, the State Bar of California de-unified, spinning off its trade association activities from its regulatory functions.

2. In a derivative lawsuit, the corporation is the true plaintiff, which may create a conflict of interest for former corporate counsel defending the suit.

3. If corporate insiders sued in a derivative lawsuit were privy to the corporation's confidential information, corporate counsel may avoid disqualification.

4. A lawyer will be disqualified if he or she has a conflict of interest based on a potential attorney-client relationship.

5. A lawyer who has knowledge of the opposing party's confidential information cannot be screened, and his or her entire law firm will be disqualified.

6. Lawyers who use an adversary's privileged communication may be disqualified, even though they have a good faith belief that the privilege was waived.

7. A lawyer receiving a privileged document that appears to have been inadvertently disclosed must notify the privilege holder.

8. A lawyer's duties are different depending on whether the privileged document was disclosed by the privilege holder or by opposing counsel in discovery.

9. A successor trustee acquires the authority to assert or waive the attorney-client privilege for communications between a predecessor trustee and a lawyer for the trust.

10. An attorney's communications with a media consultant are privileged, whether or not reasonably necessary to accomplish the purpose for which the attorney was consulted.

11. If multiple lawyers in a law firm create work product, the firm controls the right to waive protection under the work product doctrine, not the individual lawyers.

12. A right to compel arbitration is not self-executing, and a client does not breach a retainer agreement with a mandatory arbitration clause by suing the lawyers.

13. A comparative fault instruction is improper in a jury trial for professional negligence.

14. Receipt of a motion to withdraw is reasonable notice that the lawyer had stopped working for the client.

15. Probable cause for a claim is established if the court rules for the plaintiff on the merits, even if the ruling is later overturned.

16. The "interim adverse judgment rule" does not apply if the plaintiff prosecuted the claim in bad faith.

17. A fair and true report in a public journal about a judicial proceeding is privileged.

18. The litigation privilege does not protect statements to persons who lack a substantial interest in the litigation, including the press.

19. An attorney's demand letter may be protected by the litigation privilege, but only if its threat to commence litigation is made in good faith.

20. A lawyer's failure to get an individual client's signature on an engagement letter renders the contract voidable.


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.