Certified Legal Professional (CLP) Practice Exam

Why was the attorney's statement about subpoening the reporter not subject to discipline?

1. Because the statement related to a matter of public record

2. Because it was before the trial commenced

3. Because the attorney did not provide any confidential information

4. Because it did not affect the jury pool

The correct answer is: Because the statement related to a matter of public record

The attorney's statement about subpoenaing the reporter was not subject to discipline primarily because it related to a matter of public record. In legal practice, attorneys are often allowed to discuss matters that are part of the public record without the risk of disciplinary action, as these statements do not generally compromise the integrity of legal proceedings or violate ethical standards. Public records are documents or pieces of information that are not kept confidential and are available for public inspection, meaning they can be referenced freely in legal discussions or strategies without ethical implications. Considering the other options, the timing of the statement, whether it occurred before the trial commenced, does not necessarily shield the attorney from discipline if the content of the statement were inappropriate. Furthermore, the absence of confidential information being disclosed is significant, but it is the nature of the discussion regarding a public record that primarily protects the attorney from disciplinary measures. Lastly, while actions that might affect the jury pool are a concern in legal proceedings, in this case, the attorney’s reference to a public record would not inherently be seen as influencing the jury, thus providing another layer of protection against discipline.