Certified Legal Professional (CLP) Practice Exam

What constitutes improper conduct by an attorney during negotiation?

1. Exaggerating the strengths of a case

2. Revealing strategic information to opposing counsel

3. Making false statements about facts

4. Offering legal advice to unrepresented parties

The correct answer is: Making false statements about facts

Making false statements about facts during negotiation is considered improper conduct by an attorney because it undermines the integrity of the legal process and the trust inherent in negotiations. Attorneys are bound by ethical rules to uphold honesty and integrity. Providing false information not only misleads the other party but may also have legal repercussions, including sanctions from the court or disciplinary actions from the bar association. While exaggerating the strengths of a case can be seen as a form of advocacy that falls within acceptable negotiation tactics, it should not cross into outright dishonesty. Similarly, revealing strategic information to opposing counsel may breach the attorney’s duty to protect their client's interests, but it does not necessarily involve fabricating information. Offering legal advice to unrepresented parties can raise ethical concerns about the attorney's role and responsibilities, but again, it does not equate to dishonesty. The core issue with making false statements is that it directly contravenes ethical standards expected of attorneys in negotiations.