Under the Model Rule on fairness to opposing party and counsel, a lawyer is NOT prohibited from which of the following?
Explanation
Answer: C - Taking the deposition of an opposing party in a civil case and confronting the opposing party with evidence undermining his or her position. A lawyer may not (1) falsify evidence, counsel another to give false testimony, or offer an inducement to a witness prohibited by law; (2) make a frivolous discovery request or fail to make a diligent effort to respond to a proper discovery request; or (3) request that a person refrain from giving relevant information unless the person is a relative or employee of the client, and refraining will not adversely affect the person. Model Rule 3.4(b), (d), and (f). Answer C is the best choice because depositions of opposing parties that confront the deponent with difficult evidence are not prohibited.
