California Legal Ethics MCLE Quiz

"Should You or Shouldn't You? Legal Advertising in California" between "California Legal Ethics MCLE Quiz" and "Online, participatory ethics MCLE credit for California Attorneys"

Online, participatory ethics MCLE credit for California Attorneys

INSTRUCTIONS: Read and answer the following 10 questions for 1 hour of participatory MCLE ethics credit. Use the hyperlinks in each question to find the answers. This quiz will not only help you learn more about legal ethics in California, but it will also help you hone your Internet research skills.

State Bar of California MCLE Certificates of Completion will be issued after the quiz materials on this page are completed and returned to Internet For Lawyers, along with your payment by check or credit card. Once received, Internet For Lawyers staff will verify your submission and issue those Certificates of Completion as appropriate.

CALIFORNIA - Internet For Lawyers certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour of Legal Ethics participatory-study credit. Internet For Lawyers is a State Bar of California approved MCLE provider.

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California Legal Ethics MCLE Quiz

Question 1 The California Business & Professions Code (http://rules.calbar.ca.gov/SelectedLegalAuthority/TheStateBarAct.aspx) has very stringent guidelines with respect to lawyer advertising. Chapter 4 of the Code ("The State Bar Act" http://rules.calbar.ca.gov/SelectedLegalAuthority/TheStateBarAct.aspx) mandates not just what kind of information can and cannot be presented, but Article 9.5 (dealing with Unlawful Solicitation) also dictates HOW that material can be presented.

According to paragraph 6157.2 of Article 9.5 (http://www.calbar.org/pub250/b/s0233.htm), for the purposes of illustration or dramatization, is there ANY circumstance under which it allowable for an actor to portray an attorney in that attorneys advertisements?:

Yes

Question 2 As part of their marketing efforts, many attorneys affilliate with lawyer referral services. In California, ownership of these referral services is strictly regulated by the Business & Professions Code. Attorney ownership and management of these referral services are particularly limited by paragraph 6155 of Article 9 (http://www.calbar.org/pub250/b/s0229.htm). The Code is careful to insure that these referral services are not operated by lawyers who simply "refer" business to themselves.

According to paragraph 6155 of Article 9 of the California Business & Professions Code, attorney referral services in California cannot be "owned or operated, in whole or in part, directly or indirectly," by attorneys who represent a certain percentage of "those lawyers to whom, individually or collectively...referrals are made." What is that percentage?

Select the correct percentage:

10%

20%

30%

40%

Question 3 Chapter Three of the California Rules of Professional Conduct (http://www.calbar.org/pub250/8/s0024.htm) regulates attorneys' relationships with their clients. Rule 3-510 sets specific parameters for a lawyer to inform their client of a settlement offer from opposition. What is the time limit set forth in Rule 3-510 for an attorney to inform a client of a settlement offer?:

24 hours

36 hours

7 "business" day

"promptly"

Question 4 Chapter Four of the California Rules of Professional Conduct (http://www.calbar.org/pub250/8/s0028.htm) regulates attorneys' financial relationships with their clients. Rule 4-200 outlines acceptable fee practices. While fees for legal services vary widely, Rule 4-200 restricts attorneys from "enter[ing] into an agreement for, charg[ing], or collect[ing] an illegal or unconscionable fee." The Rule goes on to define the factors "determining the conscionability" of a fee. One of the following items is NOT listed as a determining factor in setting fees. Select the answer that is NOT listed in Rule 4-200:

The amount of the fee in proportion to the value of the services performed

The ability of the client to pay

The relative sophistication of the member and the client

The experience, reputation, and ability of the member or members performing the services

The amount involved and the results obtained

Question 5 In California, attorney/non-attorney partnerships are covered by the State Bar's "Rules of Profesional Conduct" (Rule 1-310 http://www.calbar.org/pub250/8/s0008.htm).

Under what circumstances could an attorney form a partnership with a non-attorney in California?

Select the best answer:

If they receive a waiver from the State Bar.

If none of the activities of that partnership consist of the practice of law.

If they are related (by blood, not by marriage).

If the business is based in a foreign country.

Question 6 The State Bar of California takes its "Rules of Professional Conduct" very seriously. Violation of any number of these rules (or provisions of the state's Business & Professions Code) can result in an attorney being disbarred. "Article 6 of Chapter 4 of the Business & Professions Code (http://www.calbar.org/pub250/sbact6.htm) list a variety of activities and/or infractions for which an attorney can be disbarred in California."
One of the following MAY NOT NECESSARILY lead to disbarment. Select the activity that MAY NOT NECESSARILY lead to disbarment:

Conviction of Crime of Moral Turpitude

Permitting Mis-use of Name by Non-Attorney

Insurance Fraud

Sexual Relations Between Attorney & Client

Moral Turpitude, Dishonesty or Corruption (without conviction)

Appearing as Attorney Without Authority

Question 7 If a California attorney is disbarred, the State Bar of California wants to be immediately certain that attorney is no longer practicing law, or giving the impression that they are practicing law.

According to Article 7 of Chapter 4 of the Business & Professions Code (paragraph 6132 http://www.calbar.org/pub250/b/s0188.htm), how long does a firm have to remove the name of a disciplined or disbarred attorney from the firm name?

Select the correct time frame:

10 days

30 days

60 days

90 days

Question 8 Cornell Law School's Legal Information Institute has an excellent digital legal ethics library (http://www.law.cornell.edu/ethics/) that contains the codes or rules of professional conduct and commentary, organized on a state by state basis. Major law firms and legal academics, working on a pro bono basis, are contributing narratives on the law of lawyering in their states (California is one). The American Bar Association's ethics materials are also included in the library. Click on the following: "Listing by Jurisdiction" (on the right hand side), then "California" from the alphabetical list of states, and then "American Legal Ethics Library Narrative."To search the Narrative, click "Search" in the light grey bar near the top of the page (this is the "Search" link on the same line as "American Legal Ethics Library," and not the one above it in the dark grey bar), and then search for "unusual" in "codes and narratives" and narrow your results just to "California" by selecting it in the pull-down menu. Click on the "Sources of Laws and Guidance" link(s) in the results list to read the narrative about "unusual aspects" of the California Ethics Code. Is the most unusual aspect of the California ethics code that it, more than any other state, governs the conduct of lawyers by statute? Select One:

Yes

Question 9 If you encounter an ethical question in your practice, there is a good chance that the State Bar may have dealt with such a question, and issued an opinion already. The California State Bar publishes its Ethics opinions on its website at http://ethics.calbar.ca.gov/Ethics/Opinions.aspx. Using the chronological links on the left-hand side of the page (under the "Opinions" drop-down menu), locate Opinion 1997-149.

Official Opinion number 1997-149 deals with the issue of compensating non-expert witnesses. According to this opinion, can an attorney reimburse a "non-expert" witness for the time they take preparing for a deposition or court testimony if such preparation causes no loss of income for the witness?:

Yes

Question 10 Don't let these numerous ethical rules daunt you. The State Bar of California offers an "Ethics Hotline" (http://ethics.calbar.ca.gov/Ethics/Opinions.aspx) to "assist attorneys with questions relating to their ethical responsibilities." This service is available between the hours 9:00 AM and 5:00 PM on weekdays.

The "Ethics Hotline" is available via a toll-free "800" number. The correct phone number is:

800-LAW-ETHC

800-CA-ETHIC

800-2-ETHICS

800-867-5309

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