Multistate Professional Responsibility Exam Practice Question
Andrea, a lawyer, has files belonging to a private investor. The investor has requested that these files be returned. Andrea's client insists on holding onto the files for strategic leverage. Which option reflects the correct handling of the investor's property?
Encourage the client to copy the files and remove the originals
Keep the files secure and deliver them to the investor upon request or to a mutually acceptable custodian
Return the files to the party that gave them to Andrea at any convenient time
Follow the client’s instructions to retain the files until the negotiation is finalized
Lawyers owe a duty to preserve and return property that belongs to non-clients when requested. The option requiring protection and return matches this professional responsibility. Other suggestions conflict with the lawyer's duties by either prioritizing the client's wishes at the expense of a third person’s rights or discarding property without permission.
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What is the duty of a lawyer regarding a client's property versus a non-client's property?
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What are the implications of not returning a non-client's property when requested?
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What should a lawyer do if the client insists on not returning the files?