A plaintiff's personal injury attorney recently took the deposition of a third party witness in an auto accident case. The witness is a friend of the defendant. During the deposition, the witness stated that she has a Facebook® page and that she will "friend" or grant full access to her Facebook® page to almost anyone who requests it. The attorney asks his paralegal to go on Facebook® and request that the witness "friend" her. The attorney wants his paralegal to download copies of any photos that show the defendant drinking at a party just before the accident. The above situation is most analogous to which of the following scenarios?

Question

Quizplus · Accepted Answer

A civil litigation attorney asks a private investigator to break into the house of a third party witness and photograph documents. The Facebook® situation above is most analogous to Answer D because both involve an attorney requesting that another person engage in some kind of wrongful activity, and because both involve evidence in the control or possession of a third party witness. Answer A is not correct because it does not involve deceptive or wrongful activity and does not involve a third party witness. Answer B is not correct for the same reasons. Answer C is not correct because it does not involve deceptive or wrongful activity, although it is similar because it involves a third party witness.

A Plaintiff's Personal Injury Attorney Recently Took the Deposition of a Third