[MCLE Self-Assessment Test]

MCLE Self-Assessment Test — January 1998


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. A potential conflict of interest is a situation that interferes with a lawyer’s ability to perform certain basic duties for a client.

2. There are two types of conflicts of interest.

3. An actual conflict of interest arises when the duties that a lawyer owes to one client conflict with the duties that a lawyer owes to another client.

4. There are three basic duties that may be violated in a conflict of interest situation.

5. The duty of loyalty encompasses a duty to exercise judgment on the client’s behalf that is independent of interests that are extraneous to the lawyer-client relationship.

6. The duty of loyalty encompasses a duty to not assume a role that is antagonistic to a client.

7. The duty of loyalty precludes a lawyer from ever assuming a role that is antagonistic to a former client.

8. The duty to inform a client of significant developments is embodied in which of the following:

A. Rule 3-310(A) of the California Rules of Professional Conduct

B. Business & Professions Code §6068(m)

C. Rule 3-500 of the California Rules of Professional Conduct

D. B and C above

9. The duty to inform a client requires a lawyer to tell the client anything that affects the client’s interest in any aspect of the client’s affairs.

10. The duty to maintain a client’s confidential information is broader than the duty to inform a client.

11. The duty to maintain a client’s confidential information is embodied in which of the following:

A. Business & Professions Code §6068(e)

B. Rule 3-310(C)(3) of the California Rules of Professional Conduct

C. Business & Professions Code §6068(d)

D. A and B above

12. The duty to maintain a client’s confidential information is broader than the lawyer-client privilege.

13. The duty to maintain a client’s confidential information includes matters which are of public record.

14. When a lawyer drafts a contract to which the lawyer will be a party, there is a potential conflict between the lawyer’s duty to inform the client and the duty to preserve the client’s confidential information.

15. All conflict of interest situations involve conflicting loyalties either between the lawyer’s interests and the client’s interests or between the interests of two or more clients.

16. Under the California Rules of Professional Conduct, when a lawyer represents two or more clients in a matter, the lawyer must obtain both clients’ informed written consent only when their interests in the representation actually conflict.

17. When a lawyer represents a client in a negotiation, the lawyer’s duty of loyalty to the client could be affected if the opposing party is the lawyer’s friend.

18. Rule 3-310(C)(3) applies when a lawyer is retained by A to sue B, who is the lawyer’s client at the time.

19. One conflict which may arise when representing multiple clients concerns inconsistent expectations of confidentiality.

20. The duty to practice competently is embodied in:

A. Rule 3-300 of the California Rules of Professional Conduct

B. Rule 3-110 of the California Rules of Professional Conduct

C. Business & Professions Code §6068(e)

D. Business & Professions Code §6068(m)

[CALBAR JOURNAL]