Certified Legal Professional (CLP) Practice Exam

Is the attorney permitted to adequately represent multiple parties in a transaction if informed consent is obtained?

1. No, because multiple representation must always be avoided

2. No, because the attorney cannot represent parties with divergent interests

3. Yes, because parties provided informed consent and there was no conflict

4. Yes, because mutual benefit justified the dual representation

The correct answer is: Yes, because parties provided informed consent and there was no conflict

The correct response indicates that an attorney is allowed to represent multiple parties in a transaction if they receive informed consent and if there is no conflict of interest among the parties. Informed consent is a key component that allows attorneys to ethically represent more than one party. This consent must be fully understood by all parties involved, meaning they should understand the implications of such representation, including the potential risks. A critical aspect of this situation is the determination of whether any conflicts exist. If the interests of the parties align closely enough so that representation would not adversely affect the duties of the attorney to any one party, then informed consent legitimizes the dual representation. This protects the integrity of the attorney-client relationship and upholds ethical standards within legal practices. While it's important to consider that multiple representation can create situations where conflicts do arise, the question specifically states that informed consent has been obtained and does not highlight any existing conflicts, leading to the conclusion that such representation is permissible under the described circumstances.