Practice Quiz

Paralegal

Category - Ethics

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Under the Model Rules, a lawyer may not knowingly: (1) make a false statement; or (2) fail to disclose a material fact when necessary to avoid assisting in a crime or fraud. Which of the following is NOT a false statement under this rule?
  1. A lawyer states to an unrepresented party that he will file suit on behalf of his client after his client has stated she does not want to file suit.
  2. A lawyer representing a defendant in a traffic collision case states that the plaintiff’s car was worth only $2,500 at the time of the collision.
  3. A lawyer states that she was unable to find a deed in the public record after her paralegal found the recorded deed and provided it to the lawyer.
  4. None of the above.
Explanation
Answer: B - A lawyer representing defendant in a traffic collision case states that the plaintiff’s car was worth only $2,500 at the time of the collision. Estimates of price or value are ordinarily not covered by the Model Rule prohibiting false statements by lawyers. Answer B is the correct choice because it involves a lawyer’s statement regarding the estimated value of an opposing party’s vehicle. Both Answer A and Answer C were incorrect statements made by lawyers after the lawyer knew the contrary was true.
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