Certified Legal Professional (CLP) Practice Exam

In a sexual harassment case, was the attorney’s agreement to cover the witness's expenses proper?

1. Yes, because the witness was entitled to compensation for travel

2. No, because the attorney may not pay the witness the $200 contingent fee

3. No, because paying for lost wages is against policy

4. Yes, because witnesses should be incentivized to testify

The correct answer is: No, because the attorney may not pay the witness the $200 contingent fee

While it is important to ensure that witnesses are not overly burdened by the costs associated with testifying, the payment of a contingent fee to a witness is generally considered improper due to the potential for influencing their testimony. An attorney covering a witness’s legitimate expenses, such as travel costs, is acceptable and aligns with proper legal conduct. However, the stipulation of a contingent fee—where the witness is paid based on the outcome of the case—raises ethical concerns. It could create a conflict of interest, where the witness's testimony might be swayed by the expectation of financial gain related to the case's outcome. In examining the context of the other options, payment for necessary expenses is usually permissible, but incentives that might affect testimony are often frowned upon. Thus, option B emphasizes the ethical boundaries attorneys must adhere to, making it the correct answer in this scenario. The key point here is that while facilitating witness participation is important, it must be done in a way that maintains the integrity of the legal process and does not compromise the neutrality of the witness's testimony.