Certified Legal Professional (CLP) Practice Exam

What reason supports Attorney Alpha’s discipline regarding her investigator's actions?

1. D is represented by counsel

2. Inv acted independently of Alpha

3. Alpha failed to file proper documentation

4. The communication with D was permissible

The correct answer is: D is represented by counsel

The correct choice highlights that D was represented by counsel, which is significant in understanding the framework of ethical legal practice. When an individual is represented by an attorney, any communication intended for that individual should typically go through their legal representative. This is to uphold the integrity of the attorney-client relationship and avoid any potential conflicts or complications that can arise from direct communication between one party and the represented individual. In this scenario, if Attorney Alpha’s investigator communicated directly with D, it may have breached the established protections that ensure the represented party does not receive unsolicited advice or information that could compromise their legal standing or strategy. This violation can reflect poorly on Attorney Alpha, as it shows a lack of adherence to professional conduct rules, prompting disciplinary action. Conversely, the other options do not appropriately address the critical issue at hand. The idea that the investigator acted independently does not absolve the attorney of responsibility for her team’s actions. The failure to file proper documentation is irrelevant to the immediate concern of communication with a represented party. Lastly, while there could be circumstances where communication is permissible, in this instance, the fact that D had counsel is a clear deterrent for such direct engagement without proper channels.