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An attorney representing a client before a legislative body or administrative agency in a nonadjudicative proceeding must disclose:

A) Only relevant legal precedents related to the case.

B) The client's confidential information without their consent.

C) The lawyer's identity and professional status.

D) The attorney's personal opinion on the legal matter.

1 Answer

3 votes

Final answer:

An attorney must disclose their identity and professional status in a nonadjudicative proceeding; this includes clarifying their role as a lawyer representing a client. Confidential information and personal opinions are not disclosed, and only relevant legal precedents are part of the attorney's argument or submission in such contexts.

Step-by-step explanation:

In a nonadjudicative proceeding, an attorney representing a client before a legislative body or administrative agency must disclose their identity and professional status. The correct answer to the question is C) The lawyer's identity and professional status. Legal norms and rules dictate that an attorney must be transparent about their role when representing a client in any legal capacity. This includes disclosing their affiliation with a law firm, their representation of the client, and their status as an attorney at law. It is important to understand that while lawyers are expected to advocate zealously for their clients, their first duty is to the court and the legal system, which includes upholding certain standards of professionalism and honesty.

However, disclosing a client's confidential information without consent (Option B) is generally not permitted as it would betray attorney-client privilege and ethical obligations. Sharing personal opinions on the legal matter (Option D) by the attorney, unless it pertains to the case, does not align with professional conduct within a legislative or administrative context. Relevant legal precedents (Option A) would be a part of the attorney's argument or submission, rather than a disclosure requirement. Understanding precedence is crucial because it can affect the outcome of a case, as indicated by past cases such as Strickland v. Washington and Padilla v. Kentucky.

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