Multistate Professional Responsibility Exam Practice Question
An attorney represents a client in a property dispute. At a hearing, the attorney realizes the client presented false statements about a material aspect of ownership. The attorney confronts the client, who insists that the attorney do nothing. What action is proper, consistent with ethical duties?
Continue representing the client without taking further measures because the client’s statements were made voluntarily
Discuss the necessity of correcting the false statement with the client and evaluate steps for disclosure if the client refuses
Withdraw from the matter while maintaining confidentiality regarding the client’s statements
Send an anonymous letter to the court, describing your client's false statements
Attorneys must correct or mitigate false statements once they discover them. Suggesting that the client fix the inaccurate claim preserves the lawyer’s duty of honesty. If the client will not cooperate, the lawyer’s obligation to candor might require a disclosure. Remaining in the case without addressing the false statement perpetuates a harmful inaccuracy. Resigning alone, without remedial steps, does not stop the falsehood from influencing the tribunal.
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Multistate Professional Responsibility Exam
Litigation and other forms of advocacy
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