Practice Quiz

Paralegal

Category - Ethics

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If a lawyer reasonably believes that evidence is false, the lawyer may refuse to offer the evidence, except __________________________________________________.
  1. The testimony of the defendant in a criminal case.
  2. The testimony of the lawyer’s client in a civil case.
  3. The testimony of a third party witness in any case.
  4. Documentary evidence produced by the opposing party.
Explanation
Answer: A - The testimony of the defendant in a criminal case. “A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.” Model Rule 3.3(a)(3). A criminal defendant has a constitutional right to testify in his or her own defense, so the lawyer must allow the defendant to testify by making a statement, but not ask any questions of the defendant. Answer A is the correct choice because it accurately reflects the language of Rule 3.3(a)(3).
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