Certified Legal Professional (CLP) Practice Exam

Is the attorney allowed to represent both the mother and daughter in a partnership dissolution after previously representing them individually?

1. No, because the attorney must avoid conflicts of interest

2. No, because he cannot represent both parties without informed consent

3. Yes, because the attorney could competently address the partnership dissolution

4. Yes, because the partnership agreement allows mutual representation

The correct answer is: Yes, because the partnership agreement allows mutual representation

The correct response highlights that the attorney can represent both the mother and daughter in the partnership dissolution because the partnership agreement explicitly allows for mutual representation. In certain cases, partnership agreements contain clauses that permit shared legal representation, acknowledging the complexities that may arise during joint interests, such as those encountered in a dissolution. For an attorney representing multiple clients, there are generally ethical considerations, notably involving conflicts of interest and informed consent. However, in this specific scenario, the partnership agreement serves as a basis for the attorney’s ability to represent both parties simultaneously. It is important for the attorney to ensure that all individuals involved truly understand the implications of dual representation. They must fully disclose the potential risks, and both clients must consent to this representation. In this context, the partnership agreement providing for mutual representation is a key factor that justifies the attorney's actions.