NALA Certified Paralegal Practice Exam

What is the most accurate description of the ethical issue attorney Mitchell faces when a will he is handling is challenged?

1. A breach of client confidentiality

2. A breach of the duty of competence

3. A breach of the conflict of interest rule

4. A breach of the duty to secure and keep safe client property

The correct answer is: A breach of the conflict of interest rule

The most accurate description of the ethical issue that attorney Mitchell faces when a will he is handling is challenged is a breach of the conflict of interest rule. This is because as an attorney, Mitchell has a duty to avoid conflicts of interest between himself and his clients. In this situation, the challenge to the will creates a conflict between the interests of the client and the interests of Mitchell in upholding the will. Option A, a breach of client confidentiality, is incorrect because there is no indication that any confidential information has been shared. Option B, a breach of the duty of competence, is incorrect because there is no indication that Mitchell has acted in a negligent or incompetent manner. Option D, a breach of the duty to secure and keep safe client property, is incorrect because the will itself is not the client's property, but rather a legal document that must be handled ethically.