Certified Legal Professional (CLP) Practice Exam

What ethical dilemma arose from the attorney's representation of the defendants in the grocery store robbery?

1. The obligation to disclose previous statements made

2. The need to maintain confidentiality of plea negotiations

3. The conflicting interests of the jointly represented clients

4. The necessity of separate representation for each defendant

The correct answer is: The conflicting interests of the jointly represented clients

In situations where an attorney represents multiple defendants in a criminal case, the potential for conflicting interests is a significant ethical dilemma. Each defendant may have different levels of culpability, varying degrees of willingness to cooperate, or divergent defense strategies. This can create tensions where one defendant's interests may not align with or may even jeopardize those of another. For example, if one defendant is willing to provide testimony that implicates the other, or if there are differing opinions on plea deals, the attorney can find themselves in a precarious position. Representing both clients under these conditions can lead to an inability to adequately defend each party, as their interests may diverge at critical moments in the legal proceedings. It underscores the necessity for legal professionals to carefully assess the implications of joint representation and consider whether separate counsel might be more appropriate to avoid ethical breaches and ensure that each defendant receives fair representation without the potential for divided loyalties. This situation emphasizes the importance of ethical standards in legal practice, particularly regarding how attorneys must navigate relationships and obligations when representing multiple parties.