Multistate Professional Responsibility Exam Practice Question
An attorney introduces financial records on behalf of a client in a contract dispute. After reviewing them during a recess, the attorney realizes the records include inaccurate details that benefit the client. What obligation does the attorney have regarding the incorrect information?
Provide notice to the decision maker and correct the inaccuracies
Refrain from addressing the errors unless the other party brings them up
Wait until the case is concluded, then mention the mistakes in a private communication
Allow minor inaccuracies to remain, as they do not fundamentally alter the dispute
Lawyers must ensure they do not mislead the decision maker through false statements or evidence. The correct answer addresses the requirement to correct the record if the lawyer becomes aware of incorrect or misleading statements. One wrong answer suggests silence is permissible, which does not satisfy the duty to correct or disclose. Another suggests a private approach after the matter is completed, which fails to resolve the issue during the proceeding. Another indicates there is no duty to rectify smaller inaccuracies, which overlooks the broader responsibility to uphold honesty in the presentation of evidence. Candor to the tribunal mandates appropriate remedial measures whenever a lawyer discovers that incorrect material has been presented.
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Why must attorneys correct inaccuracies in presented evidence?
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What are the 'appropriate remedial measures' an attorney should take after discovering an error in evidence?
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What ethical rule governs candor toward the tribunal?
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Multistate Professional Responsibility Exam
Litigation and other forms of advocacy
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