Crucial Exams

Multistate Professional Responsibility Exam Practice Question

During settlement negotiations in a breach-of-contract lawsuit, an attorney representing the plaintiff makes two separate statements to defense counsel:

  1. "My client will not settle this case for less than $100,000," even though the client has already authorized the attorney to accept $75,000.

  2. "We have retained an expert whose draft report states that the defendant's product was defective," even though the attorney has not hired any expert and no such report exists.

Under the ABA Model Rules of Professional Conduct, which of these statements, if any, violates the attorney's duty of truthfulness in statements to others?

  • Neither statement violates the duty of truthfulness.

  • Only the second statement violates the duty of truthfulness.

  • Only the first statement violates the duty of truthfulness.

  • Both statements violate the duty of truthfulness.

Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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