Certified Legal Professional (CLP) Practice Exam

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Why was the attorney's communication with the borrower's comptroller deemed improper?

  1. The attorney did not share information about the loan terms

  2. The comptroller pressed the attorney for information

  3. The attorney did not obtain consent from the borrower's lawyer

  4. The attorney mistakingly thought the comptroller was authorized

The correct answer is: The attorney did not obtain consent from the borrower's lawyer

The attorney's communication with the borrower's comptroller was deemed improper because the attorney failed to obtain consent from the borrower's lawyer before discussing sensitive matters related to the loan. In legal practice, confidentiality and the attorney-client privilege are paramount. When an attorney is representing a client, they must respect the established boundaries of communication, which often means not discussing any case-related information with third parties without the explicit permission of the client or their legal representative. In this situation, the comptroller acts as an employee of the borrower, but that does not automatically grant the attorney permission to communicate sensitive information. The attorney has an ethical obligation to ensure that any communication is appropriate and complies with legal standards regarding confidentiality. Obtaining consent from the borrower's lawyer protects both parties and ensures that the attorney's actions do not inadvertently violate ethical rules or harm the client's interests.