Multistate Professional Responsibility Exam Practice Question
Sharon, a lawyer admitted in State Y, made false statements in a series of court filings to support her client’s version of events. After the court discovered her repeated misrepresentations, a state disciplinary authority began to investigate. Sharon claims she was following her client’s directions. Which statement accurately describes the disciplinary authority’s ability to impose sanctions on Sharon?
Sharon’s client-directed actions are not sanctioned once her representation has ended
Sanctions can be imposed for Sharon’s intentional misrepresentations despite her client’s instructions
The authority can investigate misrepresentations even if the court has not entered a judgment against Sharon
Sharon will face professional discipline if the misrepresentations were permitted by her client’s contract terms
Lawyers have an independent duty to act honestly and uphold professional standards. Even if a client demands improper actions, a lawyer is responsible for personal conduct after admission to practice. Disciplinary authorities impose sanctions when a lawyer’s conduct violates the rules of professional responsibility. The client’s preferences do not shield the lawyer from accountability. A claim that the lawyer’s representation has ended or that no final court judgment exists does not eliminate the regulations against misrepresentations or prevent an investigation. Provisions in a client’s contract do not override professional obligations.
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