Certified Legal Professional (CLP) Practice Exam

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When an attorney receives information that contradicts their case position, what action must they take?

  1. Revise the case strategy immediately

  2. Consult with higher authorities within the firm

  3. Address the information with the client to reassess

  4. Ignore the information if it seems irrelevant

The correct answer is: Address the information with the client to reassess

The correct action in this scenario is to address the contradictory information with the client to reassess the case. Attorneys have an ethical obligation to communicate openly and honestly with their clients. When new information comes to light that challenges the established strategy or facts of a case, it is crucial for the attorney to discuss this with the client. This process not only allows for transparency but also enables the attorney to make informed decisions moving forward based on all available information. Reassessing the case in light of new evidence helps ensure that the attorney is providing competent representation and acting in the best interests of the client. It could lead to modifications in the case strategy that better align with the reality of the situation and ultimately impact the outcome of the case positively. In contrast, revising the case strategy immediately without consulting the client could result in decisions that may not align with the client's goals or understanding of their situation. While consulting with higher authorities within the firm may be necessary at times, it is more important to involve the client directly when their interests are at stake. Ignoring the information is certainly not appropriate, as it neglects the duty to uphold the truth and could potentially harm the client’s case.