Professional Responsibility Multistate Online Practice Exam

When a lawyer handles a matter, the duty to avoid conflicts and to be honest about any conflicts is essential. If there is a potential or actual conflict, the lawyer must disclose it and not give the impression that there is no conflict. Claiming to be disinterested when there is a stake in the outcome misleads the client, the court, and the profession, and it can trigger disciplinary action.

In this scenario, the attorney represented a respondent in a proceeding brought by a child protection services agency to establish paternity and recover past-due child support. If the attorney implicitly suggested that there were no conflicts or that he was neutral when he actually had a conflict or a stake in the matter, that creates an improper impression of neutrality. Such implied disinterestedness undermines the client’s ability to make an informed decision about representation and violates ethical duties concerning conflicts and candor. Therefore, discipline is warranted for implying disinterestedness.

It isn’t enough to say the attorney was acting in the client’s best interest, as that does not excuse failing to disclose or misrepresent conflicts. Nor is simply involving child support a reason to discern discipline, since conflicts can arise in family-law matters as well. And having a potential conflict would not by itself justify discipline unless it was not disclosed or improperly concealed, which is the core issue when disinterestedness is implied.