MPRE — Multistate Professional Responsibility Exam — All Questions

During trial, a lawyer comes to know that a witness the lawyer called has given material false testimony. Under Model Rule 3.3, the lawyer must:

• a.Do nothing, because the duty of confidentiality controls
• b.Immediately withdraw without informing anyone
• c.Take reasonable remedial measures, which may include disclosure to the tribunal✓
• d.Simply avoid relying on the false testimony in closing argument

Under Model Rule 3.3, candor to the tribunal requires a lawyer who learns that material evidence offered was false to take reasonable remedial measures, including, if necessary, disclosure to the tribunal. This duty applies even if it requires revealing information otherwise protected by confidentiality.

Under Model Rule 3.3, when there is legal authority in the controlling jurisdiction directly adverse to the client's position and opposing counsel has not cited it, the lawyer must:

• a.Keep silent, since the duty is to advocate for the client
• b.Disclose the adverse controlling authority to the tribunal✓
• c.Cite it only if the judge specifically asks
• d.Cite it only after the client consents

Model Rule 3.3 requires a lawyer to disclose to the tribunal legal authority in the controlling jurisdiction known to be directly adverse to the client's position when opposing counsel has not disclosed it. Candor to the court overrides the desire to conceal unfavorable law.

Under Model Rule 3.4, which conduct by a trial lawyer is prohibited?

• a.Vigorously cross-examining an opposing witness
• b.Objecting to inadmissible evidence
• c.Requesting a continuance for good cause
• d.Advising a witness to testify falsely or unlawfully obstructing access to evidence✓

Model Rule 3.4 requires fairness to the opposing party and counsel. It prohibits falsifying evidence, counseling a witness to testify falsely, and unlawfully obstructing another party's access to evidence. Vigorous cross-examination and proper objections are permissible advocacy.