Certified Legal Professional (CLP) Practice Exam

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Which of the following is not a binding source of authority for lawyers?

Restatement of the Law Governing Lawyers
Case law on malpractice
Criminal law
The Sarbanes-Oxley regulations on practice before the SEC

The correct answer is: Restatement of the Law Governing Lawyers

The Restatement of the Law Governing Lawyers serves as a persuasive authority rather than a binding one. It is a collection of legal principles that provides guidance and summaries of the law as established through various cases, statutes, and regulations, but it does not have the force of law like case law or formal regulations. Courts may consider the Restatement when making decisions, but it does not compel adherence in the same way that case law, statutory law, or regulations do. In contrast, case law on malpractice presents binding precedents that lawyers must follow as they are established through court decisions. Criminal law contains statutes and case decisions that are mandatory for compliance, and the Sarbanes-Oxley regulations are formal rules issued by the government that lawyers must follow when practicing before the SEC. Each of these options represents a level of authority that necessitates adherence by legal practitioners, thereby making them binding.