Certified Legal Professional (CLP) Practice Exam

What ethical duties are challenged when an attorney discusses a pending criminal case with an unrepresented party?

1. Impartiality in representation

2. Conflicts of interest

3. Duty to maintain confidentiality

4. Competence in legal practice

The correct answer is: Duty to maintain confidentiality

When an attorney discusses a pending criminal case with an unrepresented party, the primary ethical duty that is challenged is the duty to maintain confidentiality. Attorneys are bound by legal ethics and professional responsibility rules to protect client information and maintain confidentiality regarding all matters related to a client's case. This obligation is particularly crucial in criminal cases, where sensitive information can significantly impact the case's outcome and the client's rights. In situations involving unrepresented parties, the risk of inadvertently disclosing privileged information or confidential details increases. For example, if the attorney shares any information about the case that could be construed as private or strategic, it may harm the client’s interests or affect the integrity of the proceedings. This duty to maintain confidentiality ensures that clients can speak freely and trust that their attorney will safeguard their information, which is vital for effective representation. While impartiality in representation, conflicts of interest, and competence in legal practice are all important ethical considerations for attorneys, they are not directly challenged by the act of discussing a pending case with an unrepresented party in the same way that the duty of confidentiality is.