Certified Legal Professional (CLP) Practice Exam

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If an elder law attorney partners with a financial planner without allowing influence over legal judgment, is the attorney subject to discipline?

  1. Yes, because the partnership involved the practice of law

  2. Yes, because clients may experience undue influence

  3. No, because clients benefit from coordinated advice

  4. No, because the financial planner is not involved in legal judgments

The correct answer is: Yes, because the partnership involved the practice of law

The correct response emphasizes the ethical challenges and implications surrounding the partnership between an elder law attorney and a financial planner, especially when considering the practice of law. Legal professionals are bound by strict ethical standards, and one of the critical principles involves maintaining independence in the practice of law and avoiding conflicts of interest. When an elder law attorney enters a partnership with a financial planner, there is a potential concern that the financial planner could inadvertently or deliberately influence the attorney’s legal judgments. Even with the intention of remaining independent, the very nature of this partnership could create an impression or at least a risk of compromise in legal ethics. The legal profession aims to ensure that attorneys serve their clients' best interests without outside pressures affecting their judgment. In this scenario, the potential for disciplinary action arises from the overarching principle that legal practice must remain free from influences that could compromise a lawyer’s impartiality and obligation to the client. Therefore, the partnership itself is a critical factor, affecting not only the legal decisions made but also how these decisions are perceived in terms of ethical practice. In contrast, while there are arguments for clients benefiting from coordinated advice or that the financial planner is not directly involved in legal judgments, these aspects do not override the fundamental ethical responsibilities that attorneys are held to. Maintaining

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