California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - JULY 2000
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MCLE SELF-STUDY

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Self-Assessment Test
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Answer the following questions after reading the MCLE article on lawyers and the Internet. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.


1. When a California lawyer’s web site provides information to the public concerning a lawyer’s availability for professional employment, that lawyer is making a “communication” for purposes of CRPC 1-400(A). 

2. A California lawyer’s internet “communication” is regulated under CRPC 1-400 less rigorously than communications made by the lawyer in print, audio or visual format.

3. A web site “communication” made by a California lawyer must be truthful and not misleading, but need not comply with all CRPC 1-400 Standards.

4. California lawyers’ web sites are regulated under Bus. & Prof. Code 6157-6158.

5. Business & Professions Code 6157-6158 contain identical advertising standards to those found in CRPC 1-400.

6. A California lawyer must retain for three years a true and correct copy or recording of any communication made by written or electronic media.

7. California lawyers can be exposed to civil damages for deceptive advertising.

8. A non-lawyer bears the burden to prove the existence of an attorney-client relationship, but can make a prima facie case by showing that confidences were given to, or advice was received from, the lawyer.  

9. CRPC 3-110 (Failing to Act Competently) expressly requires a California lawyer to possess computer skills.

10. A lawyer need not be as careful in drafting e-mail messages as with other written communications, because e-mails are discarded by recipients shortly after receipt.

11. There is no CRPC that expressly requires California lawyers to encrypt their e-mail communications.

12. A California lawyer has a duty to “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” 

13. A California a lawyer is prohibited from entering into an agreement for, charging or collecting an unconscionable fee for legal services.

14. A lawyer’s “value billing” of a client is generally based upon the time spent on the client’s matter by the lawyer.

15. There are eight conscionabilty factors set forth in the California Rules of Professional Conduct.

16. A California lawyer is prohibited from aiding or abetting the unauthorized practice of law

17. A California lawyer need not conform to the professional standards of an attorney with regard to non-legal professional services that the lawyer provides to a client in conjunction with legal services.

18. California lawyers may not form law partnerships with non-lawyers.

19. California lawyers are expressly permitted to share legal fees with non-lawyers in a multidisciplinary practice.

20. A California lawyer must always adhere to the California rules when practicing in another state.

CERTIFICATION

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour, of which 1 hour will apply to legal ethics.

The State Bar of California certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.