Certified Legal Professional (CLP) Practice Exam

Why was the attorney deemed not to be subject to discipline in the case involving the in-house general counsel?

1. The attorney did not engage in any representation after the relationship began

2. The corporation's general counsel was not a lawyer

3. The sexual relationship was never disclosed

4. The sexual relationship was approved by company policy

The correct answer is: The attorney did not engage in any representation after the relationship began

The determination that the attorney was not subject to discipline is based on the understanding that once the attorney entered into a sexual relationship with the corporation's general counsel, they ceased to engage in any legal representation related to the corporation. This cessation of representation suggests that any potential conflicts of interest or breaches of professional conduct that could arise from the relationship were effectively mitigated because there were no active legal responsibilities being handled by the attorney at that time. This highlights the importance of ensuring that attorneys maintain professional boundaries, especially in situations involving potential conflicts. The other options present scenarios that could imply a problem or concern. For example, if the general counsel were indeed not a lawyer, it might raise different ethical issues related to the practice of law in a corporate environment. Similarly, the failure to disclose a sexual relationship could lead to questions about transparency and conflicts of interest, which are critical in maintaining professional integrity. If a company's policy explicitly allowed such relationships, it might not necessarily exempt the attorney from scrutiny, especially regarding professional conduct rules applicable to legal practitioners. However, in this case, the pivotal factor was the attorney’s lack of ongoing representation, leading to the conclusion that they were not subject to disciplinary action.