Multistate Professional Responsibility Exam Practice Question
A lawyer learns that a client testified with incorrect statements in a proceeding. The client refuses to fix the testimony. Which course of action aligns best with the duty of candor to the tribunal?
End the representation without taking further action
Allow cross-examination by opposing counsel to reveal the incorrect statements
Encourage the client to correct the testimony and disclose the falsehood if the client declines
Anonymously send a letter to the court with details of the incorrect statement
Encouraging the client to address the false testimony and correcting it before the court if the client declines is the appropriate strategy. Merely ending the representation leaves inaccurate statements on the record, and relying on opposing counsel to identify the misstatements shifts the lawyer’s responsibility onto others.
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