Multistate Professional Responsibility Exam Practice Question
Serena is representing an owner who hopes to sell a building fast. While speaking with a potential buyer, she states that recent inspection findings regarding the structure were minor, even though she received a report that detailed serious foundational problems. Which statement best describes Serena’s conduct?
Yes, attorneys can use negotiation tactics to attain favorable outcomes
No, making a statement that contradicts known material information should not be permitted
No, an attorney should volunteer unrequested details about property defects
Yes, if the buyer has counsel and can conduct an independent review
An attorney cannot knowingly give false or misleading information about significant facts. Strategic negotiation tactics may allow certain general statements about price or intentions, but an outright misrepresentation of material information is not permissible. The option about volunteering additional details beyond what is requested is also incorrect because the rules do not force disclosure of all relevant facts unless it is necessary to prevent a misrepresentation. The choice suggesting that counsel’s presence excuses the misrepresentation is incorrect because having counsel does not eliminate the duty to be truthful. An outright misstatement of known structural problems is not permissible, so the correct response recognizes that knowingly misstating material facts violates ethical standards.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients