Certified Legal Professional (CLP) Practice Exam

Did the attorney improperly conclude employment negotiations without revealing important confidential information to the employee?

1. No, because both parties provided informed consent for the attorney's dual representation

2. No, because the attorney was not obligated to disclose information unless consent was negated

3. Yes, because the attorney failed to disclose essential information to the employee

4. Yes, because the attorney should have advised the employee to seek independent counsel

The correct answer is: Yes, because the attorney failed to disclose essential information to the employee

The conclusion that the attorney improperly concluded employment negotiations without revealing important confidential information to the employee is valid because of the ethical responsibilities attorneys hold in terms of client confidentiality and the duty of loyalty. In situations where attorneys represent both the employer and the employee, they are obliged to disclose relevant information that could significantly affect the employee's position or decision-making. Failing to provide essential information compromises the employee's ability to make fully informed decisions regarding the negotiations and undermines the integrity of the attorney-client relationship. Moreover, the attorney’s role is to advocate with the best interest of the client in mind, which means actively ensuring that the client has all pertinent facts. This includes any information that the attorney may have received from one party that could materially impact negotiations for the other party. The lack of disclosure can create an imbalance in negotiations and potentially harm the employee’s interests, especially if the undisclosed information is critical to those negotiations. While other options suggest reasons why the attorney's actions may not have been inappropriate, they do not adequately address the obligation to disclose essential information that directly pertains to the client's interests. Transparent communication is fundamental to professional ethics, particularly in dual representation situations. Thus, the failure to disclose critical information leads to the conclusion that the attorney acted improperly in this