Certified Legal Professional (CLP) Practice Exam

In a scenario where a defense lawyer does not inform the client about a plea offer, what is the most likely outcome?

1. The lawyer may face disciplinary action for failing to communicate

2. The client is assumed to accept the offer by default

3. The judge will dismiss the case due to misconduct

4. The defendant must serve the maximum penalty automatically

The correct answer is: The lawyer may face disciplinary action for failing to communicate

In the situation where a defense lawyer fails to communicate a plea offer to the client, the most appropriate outcome involves the potential for disciplinary action against the lawyer. Legal ethics require attorneys to communicate all significant developments regarding a case to their clients, including any plea offers. This obligation is rooted in the duty of care and the responsibility lawyers have to act in their clients' best interests. When a lawyer neglects this duty, it can lead to various negative consequences for the client, such as missing out on a potentially favorable plea deal. Such an oversight can be viewed as a breach of professional conduct, leading to consequences that might include disciplinary procedures by state bar associations. Other outcomes, while possible in certain contexts, are less likely in this scenario. For instance, clients are generally not assumed to accept an offer by default; they must actively agree to any terms presented. A judge dismissing a case due to a lawyer’s failure to communicate is also rare, as the court typically looks for more direct misconduct impacting fairness or the integrity of the trial process. Likewise, a defendant being forced to serve the maximum penalty due to lack of communication is not a standard practice; the consequences of failing to inform clients are typically managed through disciplinary rather than punitive measures related to