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An Attorney Represented a Client in a Case Against the Client's

Question 96

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An attorney represented a client in a case against the client's insurance company, which had denied the client's claim under her homeowner's policy. In her deposition, the client testified that she had sent in the premium check on October 25 (five days before the payment deadline) and made a notation on the premium statement indicating the check number and date of payment. The insurance company claims the payment was not made until December 1, after the November 20 fire that damaged part of the client's home. One month later, the client called the attorney's paralegal and told him that she had not made the payment until November 30. The client further stated that she backdated the check and wrote the false notation on premium statement. What action, if any, must the paralegal's attorney take under the Model Rules?


A) The attorney must withdraw from the case because the client committed perjury.
B) The attorney must take steps to correct the false statement in the deposition.
C) The attorney must not disclose the false statement to protect the client's confidentiality.
D) The attorney has no obligation to take any action.

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