Multistate Professional Responsibility Exam Practice Question

During discovery in a civil matter, Lawyer N receives a request from opposing counsel for inspection reports that are relevant to the action. The reports are not helpful to Lawyer N’s client. Lawyer N plans to argue that the reports are not part of the requested production to withhold them. Which course of conduct best reflects Lawyer N’s duty of fairness to the other side?

  • Postpone production until a direct order is issued by the judge

  • Provide the inspection reports if they are within the valid scope of the request, even if they do not support the client’s position

  • Seek to resolve the matter through negotiation before responding to the discovery request

  • Disregard the request in order to protect the client’s case

Multistate Professional Responsibility Exam
Litigation and other forms of advocacy
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