Certified Legal Professional (CLP) Practice Exam

Must Attorney withdraw as counsel if Electro instructs Attorney not to negotiate a settlement?

1. Yes, if Electro is controlling Attorney's judgment in settling the case

2. Yes, because a lawyer should endeavor to avoid litigation

3. No, if Electro's defense can be supported by a good faith argument

4. No, because as an employee, Attorney is bound by the instructions of the general counsel

The correct answer is: No, if Electro's defense can be supported by a good faith argument

The correct answer is grounded in the fundamental principles of legal representation and professional ethics. An attorney is not obligated to withdraw from a case simply because the client instructs them not to negotiate a settlement, especially if there is a rationale for that instruction. If Electro believes that negotiating a settlement would not be in their best interest or that a strong defense can be mounted in court, then the attorney can continue to represent them without withdrawing. In this scenario, the attorney's duty to follow the client’s instructions is paramount, provided those instructions do not involve unethical conduct or lead to a violation of the law. As long as Electro’s directive— to not negotiate a settlement— is based on a reasonable belief about their defense options, the attorney can comply without ethical concerns or legal repercussions. The other responses suggest circumstances that could lead to a required withdrawal but do not accurately capture the basis under which an attorney can continue representation. For instance, arguing that the attorney must withdraw if the client controls judgment in settlement might overlook situations where a client has every right to maintain control over their case strategy. Similarly, stating that a lawyer should avoid litigation or that they must follow the instructions of a general counsel overlooks the nuances of attorney-client dynamics defined by professional ethical standards.