Certified Legal Professional (CLP) Practice Exam

What was the outcome of the conversation between the lawyer and the defense attorney about fees?

1. The defense attorney needed to provide a written agreement immediately

2. The defense attorney was not required to confirm the fee arrangement in writing

3. The lawyer disagreed with the fee but had no choice

4. The agreement was finalized with a written contract soon afterwards

The correct answer is: The defense attorney was not required to confirm the fee arrangement in writing

The outcome of the conversation between the lawyer and the defense attorney indicates that the defense attorney was not required to confirm the fee arrangement in writing. This situation often occurs in legal practice, particularly in jurisdictions allowing verbal agreements for certain types of contracts. While written agreements are preferred for clarity and to avoid disputes, in many cases, especially with smaller fees or informal agreements, a verbal arrangement can be considered valid and enforceable. This option reflects a common practice where the parties discuss their fees and agree upon them without the necessity of a formal written contract. In many legal contexts, as long as both parties are aware of and agree to the terms, the absence of a written contract does not invalidate the agreement. In contrast, other options suggest requirements or conditions that may not accurately capture typical legal practice regarding fee agreements. For instance, the notion that the defense attorney needed to provide a written agreement immediately conveys a misunderstanding of the flexibility allowed in fee arrangements. Similarly, the concept that the lawyer disagreed but had no choice does not align with the idea of having negotiated and accepted the proposed terms. Lastly, stating that the agreement was finalized with a written contract suggests an outcome that implies a necessary formalization which was not indicated as a requirement in the conversation. Thus,