Certified Legal Professional (CLP) Practice Exam

Why might the attorney in the personal injury case face an allegation of malpractice after a jury verdict?

1. For neglecting to follow the client's wishes

2. For charging a higher fee than agreed upon

3. For not appealing the verdict

4. For failing to conduct a thorough investigation

The correct answer is: For neglecting to follow the client's wishes

The attorney in a personal injury case might face an allegation of malpractice for neglecting to follow the client's wishes because attorneys have a duty to act in accordance with their client's instructions and objectives. If a jury verdict is rendered and the client believes that the attorney did not pursue the case in a manner that aligned with their desires — whether that pertains to trial strategy, settlement negotiations, or other key decision points — the client may consider this a breach of the duty of care owed by the attorney. This could give rise to a malpractice claim if it can be shown that the neglect directly impacted the outcome of the case or led to a less favorable result. In the context of the other options, charging a higher fee than agreed upon could lead to ethical violations or disputes, but it wouldn’t typically fall under malpractice associated with the handling of the case itself. Not appealing the verdict could potentially be an issue, but whether this constitutes malpractice depends on whether the appeal would likely succeed and if the client wanted the appeal pursued; there are significant factors that attorneys must consider in deciding whether to proceed with an appeal. Failing to conduct a thorough investigation is also a valid concern in terms of malpractice; however, that generally relates more to pre-trial preparation rather than actions taken after