December 2017 LACBA MCLE Test and Answer Sheet

 

Test No. 273: Excepting Misconduct

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 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
MCLE Test
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. Mediation involves a neutral who facilitates a discussion between disputants.


2. California’s mediation statutes make statements and writings that occur during the mediation confidential and protected from disclosure.


3. California’s mediation statutes do not include protection for conduct that occurs during a mediation.


4. California laws provide an exception to the mediation confidentiality statutes for attorney malpractice actions.


5. California laws currently do not provide exceptions to the mediation confidentiality privilege.


6. In California, an attorney’s conduct during mediation may be used as evidence in a subsequent malpractice lawsuit by the attorney’s former client.


7. In California, communications between an attorney and client may be used as evidence in a subsequent malpractice lawsuit because not allowing them would be against public policy.


8. California courts have broadly construed the mediation confidentiality privilege to exclude evidence of communications that occurred during mediation.


9. In deciding whether evidence of misconduct during mediation should be allowed in a subsequent malpractice lawsuit, the California Supreme Court only considers public policy.


10. In Cassel v. Superior Court (51 Cal. 4th 113 (2011)), the Supreme Court permitted evidence of the communications between Cassel and his attorneys during mediation.


11. California is considering a change to the state’s current mediation confidentiality statues to allow for an exception for attorney malpractice.


12. The California Law Revision Commission is studying the relationship that exists under current law between mediation confidentiality and attorney malpractice, as well as other misconduct, to determine if an amendment to the mediation confidentiality statutes should be recommended.


13. There is unanimous support to amend California’s current mediation confidentiality statute and add an exception for attorney malpractice.


14. The Uniform Mediation Act provides for an attorney malpractice exception to the mediation privilege.


15. The Uniform Mediation Act has been adopted in California.


16. The Uniform Mediation Act has been enacted by all 50 states.


17. In an attorney malpractice action brought against an attorney in a state that has adopted the Uniform Mediation Act, the former client will be allowed to introduce evidence of communications that occurred during mediation to prove its claim.


18. In an attorney malpractice action brought against an attorney in New York, the former client will be allowed to introduce evidence of communications that occurred during mediation to prove its claim.


19. In an attorney malpractice action brought against an attorney in California, the former client will be allowed to introduce evidence of communications that occurred during mediation to prove its claim.


20. If Evidence Code Section 1120.5 were adopted by the California Legislature, in an attorney malpractice action brought against an attorney in California after the enactment of Section 1120.5, the former client would be allowed to introduce evidence of communications that occurred during mediation to prove its claim.

 


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.