Multistate Professional Responsibility Exam Practice Question
Cassandra represents a snack company that believes a competitor is copying its popular cookie recipe. The client relies on unverified statements attributed to a friend of the competitor’s kitchen staff, but Cassandra’s inquiries suggest that the recipe is widely known. The client still urges Cassandra to file suit, hoping it will prompt the competitor to settle. Which statement best reflects Cassandra’s ethical requirement?
Cassandra can initiate the legal action to pressure the competitor into disclosing details during litigation.
Cassandra can proceed based on the client’s belief that the other company used the recipe improperly.
Cassandra should verify the information beyond rumors if she is to bring this claim on behalf of her client.
Cassandra should reach out to other snack companies to determine how widely known the client's recipe is.
Professional guidelines require attorneys to ensure there is a credible basis for the suit, not just unconfirmed rumors. The correct resolution acknowledges that a lawyer should not proceed when the client’s assertions are unsupported by reliable information. Other options imply that a client’s confidence or the strategy of obtaining more facts through the lawsuit alone would be acceptable. Those approaches ignore the duty to confirm sufficient grounds before filing.
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Multistate Professional Responsibility Exam
Litigation and other forms of advocacy
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