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Kaplan University
PA110 Unit 9 Assignment
April 1, 2015
An Ethical Dilemma 2
Justin King was involved in a car accident, which has resulted in a civil lawsuit. Justin
has recently admitted that on the day of the accident, just before leaving Chicago, he met friends
for pizza and beer where he states that he had quite a few before driving on his motorcycle.
Because he was passed out when the police and ambulance arrived, there were no tests
performed to determine if he had alcohol in his system. Additionally, Kings toxicology reports
were mistakenly destroyed by staff members of Paxton Medical Center as part of a customary
policy. Mr. King admits that he intends to lie on the stand if asked about alcohol consumption
Model Rules of Professional Conduct? The Model Rules of Professional Conduct: Rule 1.2(d)
states that that a lawyer shall not advise or aid a client in behavior that the lawyer knows to be
illicit or deceitful. Additionally, Rule 1.2(d) also states a lawyer may advise their client of the
legal consequences of any proposed actions or behavior. ABA Model of Profl Conduct R.
1.2(d) (2013). By allowing him to take the stand, the lawyer for Justin King would knowingly be
assisting a client in engaging in fraudulent behavior. Therefore, it would be in the best interests
of the lawyer to either not put Mr. King on the stand or to inform him that if he chooses to lie
Rule 1.6 of the Model Rules states that a lawyer is permitted to reveal information that he
reasonably believes necessary to the appropriate authorities if it will prevent the client from
committing a crime or fraud. (Rule 1.0 defines fraud as having the purpose to deceive.) ABA
Model of Profl Conduct R. 1.6(a) (2013). Justin King has admitted that he plans to lie if asked
about his alcohol consumption the day of the accident. If King should prevail from the trail with
a monetary judgment, then his false statement could affect the financial interests of the
An Ethical Dilemma 3
defendant. By lying on the stand, Mr. King is committing a crime of perjury in order to win his
lawsuit. Therefore, if Mr. King insists that he intends to lie on the stand in regards to his alcohol
consumption the day of the accident, the lawyer for Justin King has the right to withdraw his
representation of Mr. King. Additionally, the lawyer for Mr. King is permitted to reveal that
King plans to commit perjury by lying on the stand. Disclosing this information will not be a
reasonable measures to inform the tribunal of any criminal of fraudulent activity his client has
engaged or might engage in. Rule 3.3(b) of the Model Rules states that, should a lawyer know
that his client has engaged or intends to engage in criminal or fraudulent behavior, in regards to
the trial, the lawyer shall make a reasonable effort, if necessary, to disclose this information to
the tribunal. ABA Model of Profl Conduct R. 3.3(b) (2013). The client has already admitted
that he intends to commit a fraudulent act by lying about his alcohol consumption the day of the
accident. If Mr. Kings attorney did not disclose this to the tribunal, he would be in violation of
the Model Rules. Therefore, it is in the best interest of Mr. Kings attorney to advise the client
that lawyers have a duty to be truthful to the tribunal and to seek assistance from the client in
regards to the making false statement. If this is not a viable option, then the attorney must take
corrective action to either withdraw from representation of said client, or disclose what
information is reasonably necessary to the tribunal, regardless if the information revealed would
or party. In accordance with the Model Rules 3.4(b), a lawyer shall not advise or assist a witness
or their client to give a false testimony. ABA Model of Profl Conduct R. 3.4(b) (2013). If the
attorney for Mr. King fails to take corrective action, by either revealing the clients plans to
An Ethical Dilemma 4
commit perjury to the tribunal or by withdrawing representation, then the attorney is guilty of
violating the Model Rules by assisting their client with a false testimony. By allowing the client
to give false testimony, the attorney has not offered fairness to the opposing counsel and party.
Therefore, the attorney to Mr. King not only has a duty to the tribunal, but also a duty to the
defendant and counsel and should inform the tribunal of Mr. Kings intention to commit perjury.
In conclusion, Mr. King is most likely responsible for, or could have avoided, the
accident had he not been under the influence of alcohol at the time of the accident. It should be
explained to Mr. King that because he was intoxicated at the time of the accident, he may be
more at fault for the accident than the defendant. If Mr. King chooses to go forward with the
lawsuit, he should be advised that the defendant may suffer considerable harm to his financial
assets. Additionally, should be demand to be put on the stand, Mr. King should be aware that he
is committing perjury, which if found guilty he could either be fined or imprisoned for a
maximum of five years. To avoid a violation of the Model Rules, the attorney has the option to
either withdraw representation or, if this is not a viable option, he may disclose what information
References:
Model Rules of Professional Conduct: Rule 1.2: Scope of Representation & Allocation of
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pro
fessional_conduct/rule_1_2_scope_of_representation_allocation_of_authority_between_client_la
wyer.html
Model Rules of Professional Conduct: Rule 1.6: Confidentiality of Information. (2015).
Retrieved from:
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pro
fessional_conduct/rule_1_6_confidentiality_of_information.html
Model Rules of Professional Conduct: Rule 3.3: Candor toward the Tribunal. (2015). Retrieved
from:
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pro
fessional_conduct/rule_3_3_candor_toward_the_tribunal.html
Model Rules of Professional Conduct: Rule 3.4: Fairness to Opposing Party & Counsel. (2015).
Retrieved from:
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pro
fessional_conduct/rule_3_4_fairness_to_opposing_party_counsel.html