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

The correct action for the attorney upon realizing that opposing counsel has sent a document containing tracked changes is to notify the lawyer on the other side. This is grounded in the principles of professional responsibility and ethics in legal practice.

When an attorney receives a document that appears to have been inadvertently shared, especially one that contains sensitive information such as tracked changes—which may reveal the intent and considerations of the opposing party—it's crucial to address the situation transparently. Notifying the opposing counsel illustrates good faith and maintains the integrity of the legal process. This action helps to preserve the trust between the parties and avoids potential accusations of impropriety or unethical behavior.

Maintaining silence about the received document, checking with their client first, or attempting to use that information for leverage would not be appropriate responses. Such actions could undermine the professional relationship and lead to ethical violations, which can have serious repercussions for an attorney’s practice.