Self-Assessment Test

IMPORTANT NOTICE: This article is provided solely for research and archival purposes. MCLE self-study credit is no longer available. Even if you follow the instructions and submit payment you will not be granted MCLE self-study credit. Please note that low-cost MCLE is provided by the California Lawyers Association, pursuant to Business and Professions Code section 6056.

Answer the following questions after reading the article. 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. Notice of your cessation of practice must be mailed to:

A. Office of the Chief Trial Counsel of the State Bar

B. Your errors and omissions insurer

C. All of your clients, opposing counsel, courts and agencies

D. All of the above

2. In the event of the death or incapacity of an attorney, the superior court of the county where the attorney most recently maintained his or her principal office may assume jurisdiction over the law practice upon the application of:

A. The State Bar of California

B. The superior court

C. A client or other person or entity

D. Any one or all of the above

3. Where the superior court or the State Bar has assumed jurisdiction over an attorney's practice, the affected attorney or former attorney may be liable for the costs and compensation approved by the State Bar.

4. Upon an attorney's cessation of practice, wills, trusts and other probate-related matters must be delivered:

A. To the client

B. By certified or registered mail to the client, with return receipt requested, and retaining the signed receipt

C. Transfer to another attorney or to the clerk of the superior court of the county of the client's or depositor's last known domicile

D. Any one of the above

5. An attorney's records of his or her trust account must be retained for five years after final distribution of the trust fund.

6. The written fee agreement between an attorney and client is an attorney-client privileged communication.

7. The time within which the State Bar can commence disciplinary proceedings after an act warranting discipline is:

A. Five years

B. Five years plus any time during which the attorney continues representing the client

C. 10 years

D. None of the above

8. To become an inactive member of the State Bar of California, you must close your office and discontinue the practice of law.

9. An attorney has an absolute right to withdraw from representation of a client if adequate notice is given to the client.

10. A file prepared by an attorney to contain the attorney's accumulation of material, records, research and information relating to the attorney's client:

A. Belongs to the attorney with the client having the right to copies of its contents

B. Belongs to the client

C. Belongs to either the attorney, the client or the client's nominee, depending on what agreement the attorney and client have reached

D. Belongs to the client, subject to an equitable lien to secure payment of attorney's fees

11. Where the State Bar has assumed jurisdiction and responsibility for a practice, documents and files of the attorney are:

A. Stored for a reasonable time

B. Indexed, recorded and maintained for a minimum of five years

C. Delivered to the clerk of the superior court for the county wherein the attorney last maintained his or her primary office

D. None of the above

12. Proper retirement planning would dictate that the selection of errors and omissions coverage during the last year or two of practice may yield benefits because options to extend the coverage for a period of time after cessation of practice, or for an indefinite time, offer varying degrees of protection.

13. When making a motion to withdraw from representation of a client who will not agree to sign a substitution of attorney form, you may mail the notice of hearing, together with supporting pleadings, to the last known address of the client.

14. An order relieving an attorney from representation of a client must be served on the client, but it is unnecessary to warn or advise the client of remaining unrepresented.

15. An attorney may not disclose the address or telephone number of the former client after being relieved from representing the client.

16. Where the superior court has assumed jurisdiction of a law practice, the State Bar shall be permitted to intervene and assume primary responsibility for conducting an action.

17. Clients' files that cannot be returned to the client should be:

A. Delivered to the clerk of the superior court of the county where the client last resided

B. Delivered to the State Bar

C. Delivered to the chief trial counsel of the State Bar

D. None of the above

18. Resigning from the State Bar terminates your relationship with the State Bar and the bar's jurisdiction over you.

19. If an attorney representing a corporation withdraws from representing the corporate client, the corporate client may represent itself for a reasonable period of time until it can retain new counsel.

20. The State Bar has the right to order an audit of an attorney's trust account.

• 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 applies to law practice management.
• 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.