Multistate Professional Responsibility Exam Practice Question
Contessa represents a landlord in a damage dispute with a tenant. She uncovers embarrassing personal information about the tenant’s relative that is irrelevant to the property issue. Contessa threatens the tenant that she will publish the relative’s past if the tenant does not abandon the claim. Is this conduct acceptable?
Yes. Relying on personal data that does not relate to the case remains an acceptable tactic if it secures a settlement
No. Attorneys may not mention personal data in a hearing, even when it points to bias
No. Threatening to reveal personal data that does not pertain to the central dispute disrespects a third person's rights
Yes. Mentioning private background details is appropriate if they provide genuine leverage in the dispute
Attorneys are expected to avoid tactics that harass or embarrass others, especially when the information used is unrelated to the legal matter. Revealing or threatening to reveal private data that lacks relevance undermines a third person's rights and falls outside proper advocacy. Other options incorrectly suggest that attorneys may use personal information for leverage or are barred from mentioning personal matters even when legitimately relevant.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients