Multistate Professional Responsibility Exam Practice Question
An attorney discovers that opposing counsel has inadvertently omitted a crucial document that could benefit their client's case. To uphold the ethical duty of fairness to the opposing party and counsel, the attorney should:
Use the missing document to your client's advantage without informing opposing counsel.
Dismiss the importance of the missing document and proceed with the case.
Promptly report the omission to the court without notifying opposing counsel.
Inform opposing counsel about the missing document and give them an opportunity to provide it.
Informing opposing counsel about the missing document ensures transparency and fairness, allowing both parties access to relevant information. Other options either exploit the omission or bypass proper channels, undermining ethical obligations.
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What is the ethical duty of fairness in legal practice?
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Why should an attorney disclose a missing document rather than using it to their advantage?
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What are the consequences of failing to uphold the ethical duty of fairness?
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Multistate Professional Responsibility Exam
Litigation and other forms of advocacy
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