Answer: A - During closing arguments, assert personal knowledge of a fact in issue. “A lawyer shall not . . . in trial, . . . assert personal knowledge of facts in issue except when testifying as a witness.” Model Rule 3.4(e). Answer B is correct because it reflects the language of Rule 3.4(e) and none of the other answer choices are prohibited under Rule 3.4.

Under the Model Rule on fairness to opposing party and couns

Under the Model Rule on fairness to opposing party and counsel, a lawyer may NOT do which of the following during trial?

During closing arguments, assert personal knowledge of a fact in issue.
Testify as a witness in the same case in which the lawyer represents a party.
Cross-examine an opposing party with contradictory documents produced by the opposing party.
Refrain from presenting evidence the lawyer knows is false.

Explanation

Answer: A - During closing arguments, assert personal knowledge of a fact in issue. “A lawyer shall not . . . in trial, . . . assert personal knowledge of facts in issue except when testifying as a witness.” Model Rule 3.4(e). Answer B is correct because it reflects the language of Rule 3.4(e) and none of the other answer choices are prohibited under Rule 3.4.

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