Certified Legal Professional (CLP) Practice Exam

Can the attorney represent the wife in a litigation against her husband regarding a prior agreement?

1. Yes, if all information was received in the presence of both parties

2. Yes, if there is reason to believe the husband misled both parties

3. No, because the attorney previously represented both parties

4. No, because the terms of the agreement cannot be disputed

The correct answer is: No, because the attorney previously represented both parties

The scenario raises a significant ethical consideration regarding conflicts of interest in legal representation. When an attorney has previously represented both parties in a matter, they possess confidential information pertinent to both clients. This prior representation creates a tangible conflict of interest if the attorney attempts to represent one party against the other in a litigation scenario. In this case, the attorney's obligation to maintain client confidentiality and loyalty prevents them from favoring one party over the other, especially since the attorney may possess sensitive information that could unduly influence the outcome of the litigation. As such, the ethical rules governing legal practice prohibit the attorney from representing the wife in this litigation against her husband. The established attorney-client privilege and duty of loyalty necessitate that the attorney must refrain from representing one party in a matter that could adversely affect the interest of the other party, thus maintaining the integrity of the legal profession. The other options do not address the inherent conflict of interest that arises from the attorney's prior representation of both parties or misinterpret the legal and ethical guidelines surrounding such situations.