April 2019 LACBA MCLE Test and Answer Sheet

 

Test No. 287: 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 one 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 $25 testing fee ($35 for non-LACBA members) to:

Los Angeles County Bar Association
Attn: 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. The California Supreme Court approved amended Rules of Professional Conduct, effective November 1, 2018.


2. After the practice sections were spun off, the California State Bar was left with regulatory functions only.


3. A California court has the power to order Yelp to take down defamatory statements about a lawyer.


4. Lawyers may not accept a new client whose interests are adverse to an existing client without informed written consent from both.


5. A lawyer can represent two clients whose interests are adverse if the representations have nothing in common.


6. A conflict waiver or consent is not “informed” if the lawyer fails to disclose a known conflict.


7. A lawyer automatically forfeits all fees if he or she has a conflict of interest..


8. A lawyer owes a prospective client a duty of confidentiality, even if no lawyer-client relationship results.


9. A lawyer should seek as much information as possible from a prospective client before deciding whether to represent him or her.


10. Traditionally, if a lawyer switches sides during a lawsuit, disqualification is automatic.


11. Vicarious disqualification of the side-switching lawyer’s law firm is not automatic if the lawyer has left the firm.


12. A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.


13. Any other work product is discoverable if a court determines that denial of discovery will unfairly prejudice the party seeking the documents.


14. Absent tolling, a legal malpractice claim must be filed within one year after discovery of the lawyer’s mistake or four years after the mistake, whichever occurs first.


15. Concealment of the malpractice claim does not toll the one-year statute if the plaintiff has actual or constructive knowledge of the facts.


16. A plaintiff suing a lawyer for fraudulent concealment must prove that but for the fraud, he or she would have obtained a more favorable result.


17. A dissolved law firm has a property interest in profits generated by its former partners’ work on hourly matters that were pending at dissolution.


18. An arbitrator must notify the parties if he or she has accepted other disputes involving the same defendant and its lawyers.


19. A plaintiff must establish a reasonable probability of prevailing before filing a cause of action against an attorney for conspiring with his or her client.


20. A plaintiff must comply with Civil Code Section 1714.10, whether or not his or her cause of action is labeled “conspiracy.”

 


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.