Multistate Professional Responsibility Exam Practice Question
An attorney represents a landlord in a dispute with a property manager. During exchanges with the property manager’s counsel, the attorney states that the landlord never received any rent from the property manager, despite the landlord’s record of partial payments. The attorney believes this statement will lead to a faster resolution. Which statement best describes the ethical implications of the attorney’s behavior?
It was appropriate because statements during negotiations are generally categorized as opinions.
It was questionable because the attorney presented false information about payments to the other side.
It was acceptable under certain conditions since a quicker resolution was the goal of the attorney’s assertion.
It was allowed if the property manager’s counsel had access to the landlord’s payment records.
Attorneys have a duty to maintain honest communications with others. Here, the attorney’s comments conflict with the landlord’s own records, which creates a misleading impression. Tactics during negotiations do not excuse false statements of fact, even if the attorney believes it may hasten a resolution. Regardless of the other party’s awareness or ability to verify the information, an attorney who provides incorrect statements risks a breach of ethical obligations.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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