Certified Legal Professional (CLP) Practice Exam

In a business transaction with a client, what must an attorney ensure to avoid ethical issues?

1. A) The attorney should provide a verbal commitment only

2. B) The attorney must have a written agreement without any advisory notes

3. C) The attorney should offer the client an option to consult independent legal counsel

4. D) The attorney must not discuss potential conflicts

The correct answer is: C) The attorney should offer the client an option to consult independent legal counsel

Choosing to offer the client an option to consult independent legal counsel is an essential practice to ensure that the attorney maintains ethical standards in a business transaction. This approach provides the client with an opportunity to seek a second opinion, which can help safeguard their interests and ensure they are fully informed about the implications of the transaction. By encouraging clients to consider independent legal counsel, the attorney demonstrates a commitment to transparency and the client's best interests, which strengthens the trust in the attorney-client relationship. Additionally, this practice can help the attorney avoid potential conflicts of interest and reduce the risk of claims of malpractice. It reflects the ethical obligation attorneys have to provide competent representation and to avoid situations that could compromise the client's position or lead to misunderstandings about the legal advice given. The other options do not adequately address the ethical requirements in a business transaction. For instance, relying solely on a verbal commitment may not establish clear expectations or accountabilities. A written agreement is important, but the presence of advisory notes can be vital for clarity and understanding. Furthermore, not discussing potential conflicts can lead to significant ethical breaches, as transparency about possible conflicts is crucial for maintaining ethics and trust in the attorney-client relationship.