Certified Legal Professional (CLP) Practice Exam

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In the context of legal ethics, is it acceptable for an attorney to offer gifts to potential witnesses?

  1. Yes, as long as the gifts do not influence their testimony

  2. Yes, if the gift is affordable and reasonable

  3. No, because it may create a conflict of interest

  4. No, because it undermines the integrity of the trial process

The correct answer is: No, because it undermines the integrity of the trial process

Offering gifts to potential witnesses raises significant ethical concerns within the legal profession. When an attorney provides gifts or incentives to witnesses, it risks undermining the integrity of the trial process. The legal system relies on the principle that witnesses should offer unbiased and truthful testimony based solely on their knowledge and recollection of events. Gifts can create the appearance of impropriety and may influence a witness's testimony, whether directly or indirectly. This practice can alter the objective nature of evidence presented in court and lead to a situation where witness reliability is questioned. The ethical guidelines governing attorney conduct prioritize maintaining fairness and integrity in legal proceedings, making it imperative that witness testimony remains untainted by personal interests. Consequently, the notion of giving gifts to potential witnesses is deemed unethical because it could distort the factual basis of a case, ultimately weakening the judicial process.