Certified Legal Professional (CLP) Practice Exam

What is a possible consequence of an attorney failing to inform a defendant about a proffered plea bargain?

1. The defendant may be forced to accept the plea

2. The attorney could face disciplinary action for not communicating

3. The defendant automatically has a mistrial declared

4. The defendant will lose their attorney-client privilege

The correct answer is: The attorney could face disciplinary action for not communicating

When an attorney fails to inform a defendant about a proffered plea bargain, one possible consequence is that the attorney could face disciplinary action for not communicating. Attorneys have an ethical obligation to keep their clients informed about significant developments in their cases, including any offers for plea bargains. This failure can be viewed as a violation of the duty of diligence and communication that attorneys owe to their clients. Disciplinary action could result in various forms of reprimands or penalties depending on the severity of the negligence and the jurisdiction's rules of professional conduct. Proper communication ensures that defendants can make informed decisions regarding their cases, particularly when it comes to critical deals that could significantly impact their legal outcomes. In contrast, other options present consequences that do not align with the legal standards. For example, a defendant cannot be forced to accept a plea deal without appropriate advisement and consent. A mistrial is not automatically declared due to an attorney's failure to communicate a plea offer, as mistrials are typically related to procedural errors or judicial misconduct. Additionally, failing to inform the client about a plea bargain does not negate the attorney-client privilege, which is a fundamental legal protection concerning the confidentiality of communications between a client and their attorney.