MCLE 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 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. In the United States, prevailing parties almost always are entitled to recover attorneys' fees from the losing party.

2. The standard for awarding attorneys' fees to prevailing plaintiffs and prevailing defendants in Title VII litigation is:

a. the same

b. different

3. Attorneys' fees may be awarded against losing intervenors in Title VII litigation.

4. Appellate courts review attorneys' fees determinations under the following standard:

a. de novo

b. substantial evidence

c. abuse of discretion

5. The standard for awarding attorneys' fees to prevailing defendants under the California Fair Employment and Housing Act is set forth in Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978).

6. The term "prevailing party" in §706(k) of Title VII does not distinguish between plaintiffs and defendants.

7. A prevailing defendant in a Title VII case may be awarded attorneys' fees only if the plaintiff was motivated by bad faith in bringing the lawsuit.

8. Courts may infer that because a plaintiff did not ultimately prevail, his action was frivolous, unreasonable or without foundation for purposes of awarding attorneys' fees.

9. The fact that a trial court is not persuaded by the plaintiff's witnesses at trial usually supports a conclusion that the plaintiff's lawsuit was frivolous.

10. The standard for awarding attorneys' fees under 42 U.S.C. §1988 is identical to that under Title VII.

11. Attorneys' fees may be awarded to a prevailing defendant if a court finds that the plaintiff continued to litigate a claim after it was clear that the claim was frivolous.

12. In a "pattern or practice" case under Title VII, a court will be less likely to scrutinize a defendant's claim that the plaintiff's action was frivolous than in an individual discrimination case.

13. Courts have often found a plaintiff's action not to be frivolous where the plaintiff has established a prima facie case at trial.

14. The Ninth Circuit has stated that to justify an award of attorneys' fees to a prevailing defendant in a Title VII action, a trial court must find not that the plaintiff failed to present credible evidence, but that it should have anticipated at the outset that none of its evidence of discriminatory conduct was credible.

15. The Equal Employment Opportunity Commission is immune from liability for attorneys' fees under Title VII.

16. A prevailing party may not recover expert fees under Title VII.

17. Once a court determines that the plaintiff's case was frivolous, it must award attorneys' fees to the prevailing defendant.

18. Only the prevailing party, not the party's attorney, has standing to seek attorneys' fees under Title VII.

19. In determining what the reasonable attorneys' fee amount should be, the trial court is not required to explain how it reached that conclusion.

20. A prevailing defendant in a Title VII case is not entitled to an award of attorneys' fees on the same basis as a prevailing plaintiff because, among other reasons, the plaintiff is the chosen instrument of Congress to vindicate a policy that Congress considered of the highest priority.

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.

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.