Certified Legal Professional (CLP) Practice Exam

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When lawyers from the same firm are involved in a case where one was a former judge, is it permissible for the other lawyer to represent a client?

  1. Yes, if the firm has suitable screening measures in place.

  2. No, because the judge's prior participation creates a conflict.

  3. Yes, provided they obtain consent from the parties involved.

  4. No, once a judge, always a judge; they cannot represent in any case they ruled on.

The correct answer is: Yes, if the firm has suitable screening measures in place.

The permissibility for a lawyer in a firm to represent a client when another lawyer from the same firm was a former judge hinges primarily on the implementation of effective screening measures. Courts recognize that former judges may possess insights and knowledge regarding certain cases that can lead to conflicts of interest; however, with proper screening protocols in place, the firm can mitigate the risk of improper influence or breaches of confidentiality. Screening measures, often referred to as "Chinese walls," are designed to prevent the exchange of information between the lawyer with the potential conflict and the rest of the firm's staff. These measures typically include restricting access to case files, assigning different workspaces, and ensuring that communications regarding the case do not occur between the involved parties. If such measures are adequately established, the firm can maintain compliance with ethical standards, allowing the other lawyer to represent a client without running afoul of conflict of interest rules. This approach recognizes the importance of allowing lawyers to utilize their expertise while safeguarding against conflicts that arise from prior judicial roles. Depending on jurisdictional rules, this balance allows firms to manage potential conflicts responsibly without outright disallowing representation. In contrast, the other options suggest a more absolute or restrictive position on conflicts arising from a former judge's prior involvement, which may not

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