An attorney represented a client in a case against the client’s insurance company, which had denied the client’s claim under her homeowner’s policy. In her deposition, the client testified that she had sent in the premium check on October 25 (five days before the payment deadline) and made a notation on the premium statement indicating the check number and date of payment. The insurance company claims the payment was not made until December 1, after the November 20 fire that damaged part of the client’s home. One month later, the client called the attorney’s paralegal and told him that she had not made the payment until November 30. The client further stated that she backdated the check and wrote the false notation on premium statement. What action, if any, must the paralegal’s attorney take under the Model Rules?
Explanation
Answer: B - The attorney must take steps to correct the false statement in the deposition. A lawyer may not knowingly “offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures.” Model Rule 3.3(a)(3). Answer B is the best choice because it follows the requirement to correct a false statement in the record. Neither Answer A, nor Answer C is the best choice because neither obligation applies in the facts given in this scenario.
