Multistate Professional Responsibility Exam Practice Question
A lawyer represents a client who demands that the lawyer file a lawsuit against a former business associate. The lawyer’s investigation suggests that the case lacks factual support. The client states that the law is never certain and wants to file the suit to encourage a settlement. Is the lawyer permitted to file the lawsuit?
Yes, a lawyer must file the lawsuit if the client strongly insists on that course of action
No, because it is clear this client is acting irrationally
No, the lawyer should not bring a claim that the lawyer believes is unfounded
Yes, because the client wants to pursue the lawsuit based on the client’s strategic considerations in settlement negotiations
The correct answer states that a lawyer should not pursue a case that the lawyer believes lacks factual support. Professional rules prohibit bringing frivolous lawsuits. If the claim appears to be unfounded, the lawyer must not proceed, even if the client is adamant. One option incorrectly suggests that client demands alone justify filing the suit, which fails to recognize the lawyer’s responsibility to lodge only meritorious claims. Another indicates a lawyer must follow the client’s instructions no matter what, but lawyers must use independent professional judgment and cannot file a baseless lawsuit.
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What does it mean for a lawsuit to be frivolous?
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What are a lawyer's ethical obligations regarding meritorious claims?
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