Certified Legal Professional (CLP) Practice Exam

Is it proper for an attorney to provide unsolicited advice to a client when it seems in the client's interest?

1. Yes, because the lawyer may offer unsolicited advice to a client.

2. No, attorneys should only provide advice when requested by the client.

3. Yes, if the client is not fully informed about the implications.

4. No, unsolicited advice can lead to misunderstandings.

The correct answer is: Yes, because the lawyer may offer unsolicited advice to a client.

Providing unsolicited advice to a client can be a nuanced issue guided by the attorney's understanding of their ethical obligations and the specific circumstances involved. The correct response indicates that an attorney may offer unsolicited advice when it appears to be in the best interest of the client. This is rooted in the attorney's responsibility to promote the client's welfare and ensure their informed decision-making. In certain situations, particularly when clients may lack knowledge or insight into critical legal matters, attorneys might find it both proper and beneficial to proactively share their expertise. This can help illuminate options or consequences that clients may not have considered, potentially facilitating better-informed choices. On the other hand, it's important for attorneys to be aware of the potential drawbacks of offering unsolicited advice, such as the risk of overwhelming the client with information or causing confusion. Depending on the nature of the situation, clients might prefer to seek guidance only when they explicitly ask for it. An attorney's ethical duty is not only to advocate for the client’s interests but also to be mindful of how their communications and advice will be received and understood by the client.