Certified Legal Professional (CLP) Practice Exam

When must an attorney disclose information learned from a witness who committed perjury?

1. When the witness gives consent to disclose

2. When the perjury directly impacts the client's defense

3. When the attorney believes it is necessary for justice

4. When the client confirms the witness's statement

The correct answer is: When the perjury directly impacts the client's defense

The timing of when an attorney must disclose information learned from a witness who has committed perjury is a complex issue often grounded in legal ethics. In this case, the correct choice is when the perjury directly impacts the client's defense. This principle is rooted in the attorney's duty to ensure that the court is informed of truthful information that significantly affects the outcome of a case. If the perjured testimony affects the validity of the client's claims or defenses, the attorney has an ethical obligation to rectify that misinformation. This is particularly crucial because the integrity of the judicial process hinges on truthful evidence being presented. While other options might seem valid in different contexts—such as needing consent from the witness or considering the attorney's own beliefs about justice—those do not directly satisfy the ethical duty to correct false testimony that undermines a client's position. The attorney's primary responsibility is to advocate for their client while upholding the truth, which is why disclosure is mandated when perjured testimony is relevant to the defense.