Certified Legal Professional (CLP) Practice Exam

What action does Attorney Alpha take to prepare for the deposition of Pres?

1. She decides to go directly to trial without consultation

2. She interviews Pres without Beta's consent

3. She writes a formal letter to Pres

4. She consults with another attorney

The correct answer is: She interviews Pres without Beta's consent

The correct answer indicates that Attorney Alpha interviews Pres without obtaining consent from Beta. This action is significant in the context of preparing for a deposition because an attorney often needs to gather firsthand information from key witnesses or parties involved in the case. However, such interviews must typically respect the rules governing attorney-client relationships and communication with represented parties. By interviewing Pres without Beta's consent, Alpha may be bypassing important ethical considerations and procedural norms associated with the representation of clients. In many jurisdictions, direct communication with a party represented by another attorney is prohibited unless the other attorney has granted consent. This can lead to potential issues regarding the admissibility of the obtained information and could have ethical implications as well. While the other options, such as going directly to trial without consultation, writing a formal letter to Pres, or consulting with another attorney, represent alternative approaches to preparing for the deposition, they adhere more closely to standard legal practices and ethical guidelines. Therefore, the choice that highlights the potentially problematic interview emphasizes the complexities and responsibilities that attorneys carry when preparing witnesses for depositions.