Certified Legal Professional (CLP) Practice Exam

If a client insists on testifying despite the attorney's concerns about falsehoods, what is the attorney's course of action?

1. The attorney can stop the client from testifying

2. The attorney must let the client choose whether to testify

3. The attorney must inform the court about the lie

4. The attorney can suggest an alternative line of questioning

The correct answer is: The attorney must let the client choose whether to testify

When a client insists on testifying despite an attorney’s concerns about the potential for falsehoods, the attorney is bound by ethical obligations to respect the client’s autonomy in making decisions regarding their own case. This respect for client autonomy means that the attorney must allow the client to choose whether to testify, even if the attorney believes that doing so may harm the client’s interests or the integrity of the proceedings. Attorneys have a duty to advise clients on the implications and potential consequences of their choices, but ultimately, the decision of whether or not to testify lies with the client. The attorney’s role is to facilitate the client’s decision-making process, ensuring that the client is fully informed, rather than imposing their own judgment on the client’s choices. The other options outline actions that would not adhere to the ethical guidelines governing attorney-client relationships. Stopping a client from testifying would violate the principle that clients have the right to control their own legal strategy. Informing the court about a lie could breach attorney-client privilege and the duty of confidentiality, which could further harm the client. Finally, suggesting an alternative line of questioning may be beneficial, but it does not address the fundamental issue of whether to testify at all and ultimately does not respect the client's right