Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyEasy
A lawyer represents a defendant in a criminal trial. During cross-examination of a key prosecution witness, the lawyer knows that the witness is fabricating testimony. The lawyer has documentary evidence that directly contradicts the witness's assertions but has not yet introduced it. What is the lawyer's ethical obligation?
- AThe lawyer should continue the cross-examination, saving the contradictory evidence for rebuttal to maximize its impact.
- BThe lawyer should request a sidebar to discuss the witness's perjury with the judge, without revealing the evidence to the witness prematurely.
- CThe lawyer should immediately confront the witness with the contradictory evidence to expose the perjury.
- DThe lawyer should object to the witness's testimony and inform the judge that the witness is lying without presenting the evidence.
Show answer & explanationAnswer & explanation
Correct answer: C. The lawyer should immediately confront the witness with the contradictory evidence to expose the perjury.
A lawyer must not knowingly offer false evidence. When a witness offers false testimony, the lawyer's ethical duty is to take reasonable remedial measures, which includes confronting the witness with contradictory evidence.
Why the other options are wrong
- A. Allowing perjury to continue knowingly is a violation of the duty of candor; confronting it later is insufficient if the lawyer knows it's happening now.
- B. While a sidebar can be appropriate in some circumstances, in this scenario, directly confronting the witness with the evidence is generally the most effective and ethically sound approach to expose perjury during cross-examination.
- D. Simply objecting or informing the judge without presenting the evidence is often insufficient and less effective than direct confrontation during cross-examination.
Candor to Tribunal (Witness Perjury)
A lawyer must not knowingly offer evidence that the lawyer knows to be false. If a lawyer knows that false evidence has been offered, the lawyer must take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
- Duty to prevent and correct false evidence.
- Applies immediately upon knowledge of perjury.
- Confronting the witness is a valid remedial measure.
Memory trick: No Lies in Court, Fix It on the Spot.