Certified Legal Professional (CLP) Practice Exam 2026 - Free Practice Questions and Study Guide

The judge's error in facilitating a settlement in the commercial lawsuit stems from communicating with each party's lawyer separately. This practice can lead to concerns about fairness and impartiality in the judicial process. When a judge engages in private discussions with one party's counsel without the other party being present, it can create an appearance of bias or favoritism. It undermines the principle of transparency that is critical in legal proceedings.

In a settlement context, any negotiations or discussions should ideally involve all parties to ensure that everyone has equal access to the same information and that the process is open. This approach helps maintain the integrity of the judicial system and builds trust among the parties involved. It is essential for the judge to facilitate communication in a manner that protects the rights and interests of all parties rather than creating the possibility of one party feeling disadvantaged due to the lack of direct involvement in discussions regarding the settlement.