CAS Bar CAS Professional Responsibility and Ethics 3

Question 1

A defense attorney learns before trial that their client intends to take the stand and testify falsely about a key alibi. What is the attorney's FIRST obligation?

Accepted Answer

Counsel the client against testifying falsely and explain the legal and ethical consequences

Answer

Before taking any drastic action, the attorney must first attempt to persuade the client not to commit perjury, as required by California RPC 3.3 commentary.

Question 2

An attorney discovers after the close of evidence that their client submitted a forged contract to the court as a trial exhibit. The attorney must:

Accepted Answer

Take reasonable remedial measures, including disclosure to the tribunal if necessary

Answer

Under California RPC 3.3(b), an attorney must take reasonable remedial measures when they know the client has offered false evidence, including disclosure to the tribunal if necessary.

Question 3

Opposing counsel accidentally sends an attorney a confidential email containing the opponent's complete trial strategy. Under Model Rule 4.4(b), the receiving attorney should:

Accepted Answer

Promptly notify the sender and follow their instructions regarding the inadvertently disclosed documents

Answer

Rule 4.4(b) requires prompt notification of the sender when a lawyer receives inadvertently disclosed documents relating to another party's representation.

Question 4

During settlement negotiations, an attorney tells opposing counsel that their client carries $500,000 in liability insurance coverage when the attorney knows the actual policy limit is $100,000. This conduct violates:

Accepted Answer

The prohibition on knowingly making false statements of material fact to a third person

Answer

ABA Model Rule 4.1(a) and California RPC 4.1 prohibit knowingly making a false statement of material fact to a third party, including opposing counsel during negotiations.

Question 5

An attorney files a motion for summary judgment knowing there is no factual or legal basis for it, with the primary purpose of burdening opposing counsel and driving up litigation costs. This conduct is:

Accepted Answer

Prohibited under rules against frivolous claims and harassment of third parties

Answer

California RPC 3.1 and 3.4 prohibit filing frivolous claims and engaging in dilatory tactics that burden or harass opposing parties.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Professional Responsibility and Ethics 3