Certified Legal Professional (CLP) Practice Exam

What is the consequence if an attorney unknowingly uses false testimony based on a client's deceit in court?

1. The attorney must face automatic disqualification

2. Yes, if it is necessary to do so in order to protect Attorney's rights

3. No, the attorney is not liable for the client's false testimony

4. Yes, because the attorney failed to conduct proper due diligence

The correct answer is: Yes, if it is necessary to do so in order to protect Attorney's rights

The correct answer emphasizes that while an attorney has ethical obligations, if they unknowingly present false testimony due to a client's deceit, their own rights and responsibilities come into play. The attorney's primary role is to represent their client zealously within the bounds of the law. If the attorney discovers that the testimony was false after it has been presented, they must take necessary steps to rectify the situation, which might include informing the court. However, they may only be required to act in a way that protects their own rights and professional integrity if they were unaware of the deceit. While an attorney is responsible for due diligence in verifying facts, the key factor here is the unawareness of the false testimony. The outcome focuses more on the obligations of the attorney to act ethically once they become aware of misleading information, rather than an immediate automatic disqualification or liability for the client’s actions. The responsibility largely rests with the client at first if the lawyer had no knowledge of the deceit. This indicates a nuanced understanding of the attorney-client relationship, particularly in situations where the attorney is not privy to the client’s dishonest conduct.