Certified Legal Professional (CLP) Practice Exam

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In what circumstance is the attorney not subject to discipline for practicing in a different state?

  1. If the attorney works with local counsel

  2. If notified and monitored by a supervising partner

  3. If the attorney has an office in the state where she practices

  4. If the attorney only attends meetings in that state

The correct answer is: If the attorney has an office in the state where she practices

The correct answer highlights that an attorney who has established an office in a different state where she practices is generally not subject to discipline. This is because having an office signifies a formal and ongoing presence in that jurisdiction, which usually meets the residency or regulatory requirements for practicing law there. Establishing a physical office suggests that the attorney is committed to complying with local laws and regulations, reinforcing the attorney's ability to serve clients within that state while adhering to its ethical standards. Many jurisdictions require attorneys to register or obtain a license to practice law if they have a physical presence, which provides a level of oversight that can mitigate potential disciplinary issues. While working with local counsel can help navigate jurisdictional concerns, it does not inherently exempt the attorney from discipline on its own if they do not meet other requirements. Similarly, being notified and monitored by a supervising partner does not formally legitimize the practice in a different state without the attorney meeting the local requirements. Finally, attending meetings alone in the state does not constitute practicing law; it is insufficient to justify any professional interactions or legal provisions expected in that jurisdiction. Thus, the establishment of an office represents a significant step in the legitimacy of cross-state legal practice, making it a key factor in determining whether the attorney can practice