Certified Legal Professional (CLP) Practice Exam

In defending a personal injury claim, what is the attorney's obligation regarding the client's potential false testimony?

1. The attorney must not allow the testimony if lies are suspected

2. The attorney can permit the testimony if the client insists

3. The attorney should verify all statements before the deposition

4. The attorney must document inconsistencies for record-keeping

The correct answer is: The attorney must not allow the testimony if lies are suspected

In defending a personal injury claim, the attorney has a fundamental ethical obligation to maintain the integrity of the judicial process. This obligation includes addressing any potential false testimony from the client. If an attorney suspects that the client may give false testimony, it is their responsibility to take proactive measures to prevent this from happening. Allowing a client to testify falsely can not only undermine the case but also put the attorney at risk of violating legal ethics, which could lead to disciplinary action, including disbarment. The obligation to not allow testimony based on lies reflects the legal principle that attorneys are officers of the court. They have a duty to uphold the law, which means they should not facilitate or further any fraudulent claims. In circumstances where a client insists on providing false testimony, the attorney must counsel the client about the consequences and the seriousness of perjury. Ultimately, the attorney's role is to advocate for their client within the confines of the law, thus necessitating that they do all that is reasonable to avoid presenting any untruthful statements to the court. While other options may touch upon relevant actions attorneys can take when handling a case, none of them encapsulate the primary duty of the attorney as clearly as the choice that states the attorney must not allow the testimony if