Multistate Professional Responsibility Exam Practice Question
A lawyer is handling a negotiation and discovers personal information about a witness that could cause embarrassment. The lawyer contemplates using it to influence discussions. Which approach BEST demonstrates respect toward the witness?
The lawyer withholds the irrelevant details out of concern for the witness’s privacy
The lawyer assures the witness that the personal information is ready to be revealed if progress stalls
The lawyer shares the detail with parties on both sides to expedite an agreement
A lawyer should refrain from actions that degrade or harass an individual, even if such conduct might provide an advantage. The rules protect third persons from needless harm, including embarrassment. Withholding irrelevant personal information and not using it as leverage respects ethical responsibilities. Statements that suggest disclosing personal information to pressure the witness disregard these obligations. Refusing to engage at all may harm the negotiation and does not fulfill a lawyer’s duty to represent a client’s interests responsibly. Therefore, the choice avoiding improper disclosure meets the standard of respect for the rights of third persons while still performing effective advocacy.
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What are the ethical responsibilities lawyers have regarding third parties?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients