California Bar Journal
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Self-Assessment Test
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Answer the following questions after reading the MCLE article on legal ethics. 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. Dual representation of husband and wife can be a dangerous malpractice trap.

2. Requests for joint representation in family law matters are very rare.

3. Unbundling and discrete task representation are different types of legal services related to family law only.

4. Lana Lawyer wants to provide limited services in immigration law.  One type of limited service she could offer is legal assistance with completing documents and forms to be filed with the INS.

5. California professional standards prohibit lawyers from providing limited legal services to clients.

6. Husband and wife request that Lawyer assist them in preparing a jointly filed marital settlement agreement. May Lawyer accept the engagement if he obtains their written consent after appropriate written disclosure of any potential conflicts?

7. The lawyer acting as an intermediary is expressly permitted by the California Rules of Professional Conduct.

8. One of the roles of an intermediary is to seek to establish or adjust a relationship between clients on an amicable and mutually advantageous basis.

9. A lawyer is not permitted to act as a scrivener because of the conflicts of interest in representing two parties.

10. In the past, when illiteracy rates were higher, lawyers frequently provided scrivener services without performing legal services. 

11. A non-lawyer is not permitted to assist consumers in filling out legal forms because such conduct constitutes the unauthorized practice of law.

12. California law defines precisely what a lawyer scrivener is.

13. A marital settlement agreement, entered into without fraud, duress, undue influence or other inequity, which was prepared by a lawyer scrivener who obtained the informed written consent of his clients to the representation, will not be held unenforceable.

14. The preparation of documentation for the sale and transfer of real property between seller and buyer will be subject to future cancellation of deed where the documentation was prepared by a lawyer scrivener after buyer and seller had agreed on essential terms.

15. Lawyer was retained to act as a scrivener to document the agreement by two parties to enter into a California limited partnership to purchase real estate. Lawyer may represent the partnership or may represent the interests of the two limited parties jointly.

16. There is no difference between a lawyer scrivener and a lawyer who engages in joint representation of multiple parties.

17. Both joint representation and the lawyer scrivener role involve the representation of multiple parties for a common purpose and the provision of legal services to effectuate the parties' common purpose or objective.

18. A lawyer scrivener should neither negotiate nor facilitate agreement between the parties nor give legal advice about the pros and cons of the deal points or the agreement to the clients.

19. Lawyer agreed to serve as a scrivener and draft a marital settlement agreement for Husband and Wife, after they agreed upon the terms. Upon reading the terms, attorney believes reasonably that the terms are grossly unfair to wife.  Lawyer may not then decline to act as a scrivener. 

20. Lawyer agreed to act as a scrivener, after obtaining Husband's and Wife's informed written consent, to put their agreement into appropriate legal form of a marital settlement agreement. After Husband received the draft agreement, he telephoned Lawyer and requested that Lawyer advise him about how the agreement affected him personally. Lawyer, appropriately, refused to talk with him.