Multistate Professional Responsibility Exam Practice Question
An attorney is negotiating a settlement for a client in a contract dispute. The attorney asserts that the client possesses a series of messages that strongly support the client's position, even though the attorney is fully aware that those messages do not exist. Is this permissible?
This conduct is inconsistent with the duty to avoid factual misrepresentations and is not permissible.
This statement is a tactic that is allowed because each party controls its own investigation.
This situation is considered acceptable as it prompts an opposing party to produce additional proof.
Lawyers have a responsibility under professional conduct rules to avoid knowingly making false statements of material fact. Fabricating evidence or claiming its existence when it is known to be nonexistent breaches this obligation. While negotiation tactics may include framing or emphasizing certain facts, intentionally inventing key evidence is contrary to professional rules. Misrepresenting central facts undermines both fairness in proceedings and professional integrity. Answers suggesting that it is considered acceptable to knowingly mislead do not align with the ethical duty to be truthful.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients