Certified Legal Professional (CLP) Practice Exam

What is the implication of the attorney's decision to screen the partner from the representation?

1. The partner's conflict does not affect the attorney's representation

2. The attorney must disclose the partner's views to the organization

3. The attorney's conduct is proper given reasonable belief in competence

4. The attorney cannot represent the organization due to conflict

The correct answer is: The attorney's conduct is proper given reasonable belief in competence

The decision for an attorney to screen a partner from the representation primarily relates to maintaining the integrity of the legal process and the ethical standards that govern attorney conduct. When an attorney screens a partner, it demonstrates a proactive approach to managing potential conflicts of interest. This action allows the attorney to continue representing the client effectively without the influence of the partner’s conflict. By believing in their competence, the attorney ensures that they can provide quality legal representation despite the screening, contributing to the ethical pursuit of justice. The attorney is essentially managing the situation by creating appropriate barriers to protect the client's interests. Therefore, this strategy aligns with ethical practices, indicating that the attorney's conduct is appropriate since they have taken steps to address any potential conflicts while preserving their professional obligations to the client. The other options do not align with the primary purpose of screening. For instance, screening does not mean that a partner's conflict is irrelevant, nor does it necessitate that the attorney disclose the partner's views to the organization. Screening also indicates that the attorney is handling the conflict appropriately rather than suggesting they are incapable of representation due to that conflict.