Certified Legal Professional (CLP) Practice Exam

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What principle guides the attorney's argument in the lawsuit against the clothing company?

  1. Prior decisions must be overridden regardless of facts

  2. Good faith efforts to challenge existing law are acceptable

  3. Existence of a strong defense negates the plaintiff's claims

  4. Defending clients against all claims is prioritized

The correct answer is: Good faith efforts to challenge existing law are acceptable

The principle guiding the attorney's argument in the lawsuit against the clothing company is rooted in the concept of challenging existing legal standards and norms in good faith. This approach recognizes that while the law may favor certain established precedents, there is a legitimate right for attorneys to advocate for change or reinterpretation of the law based on the evolving needs of society and justice. By engaging in good faith efforts to challenge existing laws, attorneys can address injustices or outdated legal frameworks that may be negatively impacting their clients. This principle encourages a form of legal advocacy that is proactive rather than solely defensive, allowing for the potential advancement of legal rights and protections. In this context, the attorney is not merely defending against claims but is actively seeking to reshape the legal landscape in a manner that could benefit not only their client but potentially others who may be affected by the same legal issues. This principle underscores the importance of creativity and integrity in legal work, where attorneys balance the need to advocate for their clients with the overarching aim of ensuring justice and fairness in the legal system.