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
A lawyer must not conceal or obstruct access to documents that are validly requested and relevant. Even though the information might damage the client’s position, proper disclosure is required to maintain fairness. The correct selection indicates that disclosure of relevant materials satisfies these professional standards. The other options overlook the responsibility to produce the information in a timely manner, which would violate discovery obligations.
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