Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A lawyer is representing a defendant in a criminal case. During the trial, the lawyer discovers that a key witness for the prosecution has a prior conviction for perjury that was not disclosed by the prosecution during discovery. The lawyer believes this information is highly relevant to the witness's credibility. What is the lawyer's most appropriate action regarding this discovery?
- AInform the client and advise them to use this information to negotiate a better plea deal directly with the prosecutor.
- BWait for cross-examination to surprise the witness with the information.
- CFile a motion with the court to compel disclosure of the witness's full criminal record and request a sidebar.
- DImmediately disclose the information to the media to expose the prosecution's misconduct.
Show answer & explanationAnswer & explanation
Correct answer: C. File a motion with the court to compel disclosure of the witness's full criminal record and request a sidebar.
The lawyer has a duty to act with candor toward the tribunal and to ensure a fair trial. Discovering undisclosed exculpatory or impeachment evidence requires bringing it to the court's attention, not using it for unfair surprise or public spectacle.
Why the other options are wrong
- A. Advising the client to negotiate directly based on this information bypasses the proper legal process and the court's role in addressing discovery violations.
- B. While surprising a witness can be a tactic, withholding crucial impeachment evidence that should have been disclosed can raise issues of fairness and candor if the prosecution was obligated to disclose it earlier.
- D. Disclosing to the media would violate rules regarding trial publicity and decorum, potentially prejudicing the proceedings.
Candor Toward the Tribunal
A lawyer must not knowingly make a false statement of fact or law to a tribunal, fail to correct a false statement previously made, or offer evidence the lawyer knows to be false.
- Duty applies to all proceedings.
- Includes a duty to disclose adverse legal authority.
- Requires honesty about facts and law.
Memory trick: Always be 'CANDOR' to the court, for justice is the 'TRIBUNAL's' reward.