Certified Legal Professional (CLP) Practice Exam

Did the attorney act appropriately in seeking an emergency court order while only presenting evidence against the officer?

1. Yes, because the attorney acted within the scope of the emergency order

2. No, because the attorney failed to disclose evidence indicating the secretary may have embezzled the funds

3. No, because the attorney did not notify the officer about the court order

4. Yes, because the officer was a primary suspect

The correct answer is: No, because the attorney failed to disclose evidence indicating the secretary may have embezzled the funds

The choice indicating that the attorney did not act appropriately due to failing to disclose evidence of potential embezzlement by the secretary highlights a critical aspect of ethical legal practice. Attorneys have a duty of candor toward the court, which means they must disclose all relevant information, including evidence that could affect the court's opinion on the matter at hand. In this scenario, the attorney's failure to present evidence that may implicate the secretary in embezzling funds undermines the integrity of the proceedings. If the court is not made aware of all pertinent evidence—including evidence that could shift suspicion away from the officer—then decisions made may not be fully informed. This lack of disclosure can be seen as misleading and can potentially harm the administration of justice. Therefore, the correct assessment regarding the attorney's actions is grounded in the ethical obligation to present a complete picture to the court, ensuring that decisions are made based on all available evidence.