Certified Legal Professional (CLP) Practice Exam

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When an attorney has a fundamental disagreement with a client about disclosures necessary for a legal matter, what is the appropriate course of action?

  1. Continue representing the client despite disagreements

  2. Seek a resolution through negotiation

  3. Notify the client of the attorney's resignation from representation

  4. File a complaint with the relevant board of ethics

The correct answer is: Notify the client of the attorney's resignation from representation

In situations where an attorney finds themselves in fundamental disagreement with a client regarding necessary disclosures for a legal matter, the most appropriate course of action is to notify the client of the attorney's resignation from representation. This option is correct because maintaining a client-attorney relationship hinges on mutual trust and shared objectives. If conflicts arise that compromise the attorney’s ability to fulfill ethical obligations—such as the obligation to provide competent and diligent representation—the ethical response is to end that representation. Attorneys are bound by professional ethics and obligations that require them to act in accordance with their legal and moral duties. If a client insists on actions that the attorney believes are unethical or illegal, the attorney must prioritize their ethical responsibilities. By resigning from representation, the attorney can protect their professional integrity and ensure the client has the opportunity to seek new counsel who may align with their views and decisions. While negotiation may help in some circumstances, if the disagreement is fundamentally about ethical obligations regarding disclosures, it’s unlikely that negotiation would yield a satisfactory resolution. Continuing representation could lead the attorney to compromise their ethical standards, potentially resulting in disciplinary action or liability. Filing a complaint with an ethics board does not address the immediate issue of representation and is not a practical first step in resolving a conflict with a client

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