Certified Legal Professional (CLP) Practice Exam

Did the attorney act unethically when he didn’t inform the daughter about changes in her father's will?

1. No, because the father requested confidentiality regarding the new will

2. No, because the attorney could not disclose information without the father's consent

3. Yes, because the attorney did not withdraw despite having acquired significant information

4. Yes, because he provided legal advice based on outdated information from the daughter

The correct answer is: Yes, because the attorney did not withdraw despite having acquired significant information

The scenario revolves around the attorney's responsibilities concerning client confidentiality and the impact of the attorney's disclosures on third parties. The correct answer indicates that the attorney acted unethically by not withdrawing from the representation once he obtained significant information. An attorney's ethical duties include maintaining the confidentiality of client information while also navigating conflicts that arise when they acquire information that may be harmful to third parties. If the attorney learned vital details about the father's estate planning that could materially affect the daughter's rights or interests, failing to inform her may constitute a breach of ethical obligations, particularly if those interests are substantially affected by the changes in the will. The duty to withdraw is essential in cases where continuing representation would compromise the attorney's ethical obligations to act in the best interests of all involved parties. An attorney must balance client confidentiality with the need to avoid conflicts of interest and ensure fair representation, particularly if the attorney possesses information that could negatively impact the interests of others, such as the daughter in this case. Understanding these nuances in attorney-client relationships, particularly in estate matters, is crucial. The attorney’s knowledge about changes that could significantly affect the daughter's inheritance creates an ethical obligation to either inform her or withdraw from the representation to uphold ethical standards.