[MCLE Self-Assessment Test]

MCLE Self-Assessment Test


Answer the following questions after reading the article on attorneys' fees. 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. Rule 3-300 requires that any transaction with a client also be fair to the lawyer.

2. Compliance with rule 3-300 requires that the written terms of the transaction must be read by the client in the lawyer’s presence.

3. The written terms must be in language which can be reasonably understood by the client.

4. The client must be advised in writing that he/she may seek independent legal advice.

5. The sophisticated client can waive the requirement that he/she consent in writing to the terms of the transaction.

6. If the client has trouble finding independent counsel, you should recommend someone.

7. If the client does not wish to have independent counsel, refuse to sign the agreement.

8. If the client does not wish to have independent counsel, you must have another lawyer in your firm act as his lawyer.

9. A security agreement should not be in the fee agreement.

10. Failure to give written advisement of a security agreement is the most frequent violation of this rule.

11. Rule 3-300 is very specific as to what constitutes a reasonable time period for the client to seek independent legal advice.

12. The three day rule of thumb regarding a reasonable time period within which the client has an opportunity to consult independent counsel is just the wishful thinking of this author.

13. If an urgent situation demands deviation from your firm’s arbitrary definition of "reasonable opportunity to consult with independent counsel," document the deviation.

14. The requirement that a client must consult in writing to a security interest means that you and the client just have to execute the requisite "pink slip" of a vehicle which is intended to secure the attorney’s fees.

15. The client must consent in writing to the terms of the transaction only if he/she does not get independent legal counsel.

16. If the client gets independent counsel, you do not have a duty to explain the terms of the agreement to the client.

17. If English is not the first language of the client, you must translate the terms of the agreement into the client’s language.

18. Substantial compliance with rule 3-300 will keep you out of trouble if you are prosecuted.

19. If a client does not get independent counsel, you should have him/her sign a statement to that effect.

20. Compliance with rule 3-300 is so easy that you almost never need to use colleagues as a sounding board or consultant.

[CALBAR JOURNAL] California Bar Journal - December, 1997 [MCLE Self-Assessment Test]

MCLE Self-Assessment Test


Answer the following questions after reading the article on attorneys' fees. 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. Rule 3-300 requires that any transaction with a client also be fair to the lawyer.

2. Compliance with rule 3-300 requires that the written terms of the transaction must be read by the client in the lawyer’s presence.

3. The written terms must be in language which can be reasonably understood by the client.

4. The client must be advised in writing that he/she may seek independent legal advice.

5. The sophisticated client can waive the requirement that he/she consent in writing to the terms of the transaction.

6. If the client has trouble finding independent counsel, you should recommend someone.

7. If the client does not wish to have independent counsel, refuse to sign the agreement.

8. If the client does not wish to have independent counsel, you must have another lawyer in your firm act as his lawyer.

9. A security agreement should not be in the fee agreement.

10. Failure to give written advisement of a security agreement is the most frequent violation of this rule.

11. Rule 3-300 is very specific as to what constitutes a reasonable time period for the client to seek independent legal advice.

12. The three day rule of thumb regarding a reasonable time period within which the client has an opportunity to consult independent counsel is just the wishful thinking of this author.

13. If an urgent situation demands deviation from your firm’s arbitrary definition of "reasonable opportunity to consult with independent counsel," document the deviation.

14. The requirement that a client must consult in writing to a security interest means that you and the client just have to execute the requisite "pink slip" of a vehicle which is intended to secure the attorney’s fees.

15. The client must consent in writing to the terms of the transaction only if he/she does not get independent legal counsel.

16. If the client gets independent counsel, you do not have a duty to explain the terms of the agreement to the client.

17. If English is not the first language of the client, you must translate the terms of the agreement into the client’s language.

18. Substantial compliance with rule 3-300 will keep you out of trouble if you are prosecuted.

19. If a client does not get independent counsel, you should have him/her sign a statement to that effect.

20. Compliance with rule 3-300 is so easy that you almost never need to use colleagues as a sounding board or consultant.

[CALBAR JOURNAL]