Certified Legal Professional (CLP) Practice Exam

Is the attorney subject to discipline for the contractual arrangement with the internet-marketing specialist?

1. No, because the attorney is merely hiring an advertising specialist

2. Yes, because a non-lawyer has a contractual right to direct or control the professional judgment of the lawyer

3. No, as long as the terms do not involve the direct practice of law

4. Yes, because the attorney cannot share decision-making authority

The correct answer is: Yes, because a non-lawyer has a contractual right to direct or control the professional judgment of the lawyer

The correct answer highlights a fundamental ethical principle governing the professional conduct of attorneys. Lawyers are governed by rules that prohibit sharing decision-making authority or allowing a non-lawyer to direct or control their professional judgment. This means that if a contractual arrangement allows a non-lawyer to influence how legal services are rendered or to dictate the lawyer's course of action, such an arrangement violates professional conduct rules. In this context, hiring an internet-marketing specialist may seem harmless, but if that specialist has any influence over legal strategies, client interactions, or decision-making processes, it raises significant ethical concerns. Thus, the essence of the question revolves around the protection of the attorney's professional independence, which is critical in maintaining the integrity of legal practice. Understanding the boundaries between permissible support services and unauthorized control is essential for legal professionals, ensuring that they adhere to ethical standards while utilizing marketing services or any other non-legal support.