Multistate Professional Responsibility Exam Practice Question
An attorney included a client’s sworn statement in a complex motion. The attorney noticed several inaccuracies in that statement but did nothing to correct or withdraw it. The court discovered the errors on its own and forwarded a complaint about the attorney’s conduct. Which outcome is consistent with disciplinary rules?
The attorney is sanctioned due to failure to resolve misinformation presented to the court
The attorney will be disbarred.
The attorney is relieved from discipline because the client created the statement
The attorney’s prior cooperation allows the avoidance of sanctions
Lawyers who learn that statements submitted on a client’s behalf contain false information must take steps to correct the inaccuracies. Failure to address misleading submissions can lead to sanctions or other serious penalties. The attorney’s duty of candor extends to rectifying known misrepresentations, even if the client discourages it. Other answers are incorrect because they suggest the attorney can disregard misleading evidence or rely on the client’s instructions to remain silent.
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