Multistate Professional Responsibility Exam Practice Question
During negotiations for a property sale, a buyer's representative asks the seller’s lawyer about recent testing for environmental hazards. The lawyer is aware that a recent test revealed contamination, yet the client has directed the lawyer to keep the problem undisclosed. Which approach is best?
Remain quiet about the contamination because the buyer is responsible for investigating defects
Redirect the buyer directly to the seller
Deny that the client has information on contamination to prevent interfering with negotiations
Give an accurate answer if asked, mindful that lawyers cannot misrepresent material facts
Lawyers are not permitted to provide misleading statements about facts that matter to the transaction. Contamination is material, so refusing to answer or misstating the results risks a misrepresentation. Providing an accurate response, particularly if the question is direct, aligns with the ethical duty to avoid misleading the other party. Silence or a knowingly false statement would violate professional standards, even if the client requests secrecy.
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