Certified Legal Professional (CLP) Practice Exam

Why is the attorney in a negligence case subject to disciplinary action regarding leverage tactics?

1. The attorney mishandled client information

2. The negotiated leverage was based on false information

3. The tactic was deemed too aggressive

4. The criminal issue was unrelated to the client's civil claim

The correct answer is: The negotiated leverage was based on false information

In a negligence case, if an attorney employs negotiated leverage that is based on false information, this raises significant ethical concerns. Attorneys have a duty to uphold honesty and integrity in all dealings, particularly in negotiations and discussions related to legal matters. Using false information undermines the trust integral to the attorney-client relationship and can mislead opposing parties, potentially impacting the fairness of the legal process. Such behavior is typically considered a violation of professional conduct rules, which can result in disciplinary action against the attorney. The other options address different concerns but do not directly relate to the critical issue of honesty in negotiations. Mishandling client information is a serious violation of confidentiality but does not specifically pertain to the tactic of leveraging negotiations. Similarly, aggression in tactics might reflect poor strategy or professionalism but does not inherently warrant disciplinary action unless it crosses a specific line into unethical territory. Lastly, the severity of a criminal issue unrelated to a civil claim may raise other legal implications but does not directly connect to the ethical use of leverage in negotiations.