Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyEasy
A lawyer represents a defendant in a criminal trial. During the trial, the lawyer becomes aware that a key prosecution witness has a significant financial incentive to lie, which was not disclosed during discovery. The lawyer believes this information is crucial for impeachment. What is the lawyer's primary ethical obligation regarding this information?
- ATo inform the prosecutor privately and allow them to correct the record.
- BTo wait until closing arguments to reveal this information to maximize its impact on the jury.
- CTo immediately disclose this information to the court ex parte.
- DTo use this information to impeach the witness effectively during cross-examination.
Show answer & explanationAnswer & explanation
Correct answer: D. To use this information to impeach the witness effectively during cross-examination.
A lawyer's primary ethical obligation in this scenario is to use information beneficial to their client's defense, especially impeachment material, to advocate effectively. This aligns with the duty of zealous representation within the bounds of the law and ethical rules.
Why the other options are wrong
- A. While a prosecutor has disclosure duties, the defense lawyer's primary duty is to their own client, not to assist the prosecution in correcting their record.
- B. Delaying the use of critical impeachment evidence until closing arguments would be a missed opportunity for effective advocacy during the witness's testimony and could be seen as less effective strategy.
- C. Disclosing information ex parte to the court without presenting it in open court is generally inappropriate and not the primary duty here.
Zealous Representation
Lawyers must zealously advocate for their clients' interests within the bounds of the law and ethical rules, using all available legal and ethical means.
- Duty to represent client competently and diligently.
- Must not engage in frivolous claims or contentions.
- Includes using impeachment evidence effectively.
Memory trick: Advocate for your client, but always within the law's light.