Multistate Professional Responsibility Exam Practice Question
Attorney Johnson is negotiating on behalf of her client to purchase a small business. During discussions, she informs the seller that her client has immediate access to the necessary funds to complete the purchase. In reality, the client is in the process of securing financing and has not yet confirmed fund availability. Which statement best describes Attorney Johnson's communication?
Attorney Johnson has made a misleading statement by asserting the client’s immediate access to funds without confirmation.
Attorney Johnson is permitted to provide estimates without verifying their accuracy.
Attorney Johnson’s statement is acceptable as long as the client intends to secure the necessary financing.
Attorney Johnson can assume the client will secure the funds in time and communicate this expectation.
The correct answer identifies that Attorney Johnson’s statement is misleading because she has not verified the availability of funds, which violates the duty of truthfulness in statements to others.
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What is the duty of truthfulness in statements to others?
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Why is misleading about fund availability considered a violation?
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What is the difference between acceptable negotiation tactics and misleading statements?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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