Certified Legal Professional (CLP) Practice Exam

What was the main ethical consideration when the attorney agreed to represent a client against a former employer?

1. The nature of the case was contentious

2. Substantial relatedness of the prior and present matters

3. Access to proprietary information from the former employer

4. The timeframe of the prior representation

The correct answer is: Substantial relatedness of the prior and present matters

The correct choice emphasizes the substantial relatedness of the prior and present matters as the primary ethical consideration when an attorney agrees to represent a client against a former employer. This principle is vital because attorneys have a duty to protect the confidentiality of information obtained during previous representations. If the current case is substantially related to the former representation, there is a increased risk that the attorney may inadvertently use or disclose confidential information that could disadvantage the former employer. In legal ethics, the need to avoid conflicts of interest is critical. The substantial relatedness of the matters can create a conflict because the attorney could possess sensitive information that is relevant to the current case, which they obtained while representing the former employer. This potential for conflict demands careful evaluation to ensure that the attorney’s duty to maintain client confidentiality is upheld while providing effective representation to the new client. Other factors, such as the contentious nature of the case, access to proprietary information, and the timeframe of the prior representation, although relevant in some contexts, do not directly address the fundamental ethical obligation surrounding conflicts of interest stemming from past client relationships. It is the interconnectedness of the prior and present matters that poses the most significant ethical challenge in this scenario.