In Attorney Abrams’s closing statement to the court in a bench trial, Abrams said: “Your honor, I drive on the street in question every day and I know that a driver cannot see cars backing out of driveways as the one did in this case. I believe that my client was not negligent and I ask you so to find.” Was Attorney Abrams’s closing argument proper?
A. Yes, if Attorney Abrams was speaking truthfully and not trying to deceive the court.
B. Yes, because the rules of evidence are very liberal when the trial is before a judge without a jury.
C. No, because Attorney Abrams asserted his personal knowledge of facts in issue.
D. No, if there is no other evidence in the record about the facts asserted by Attorney Abrams.
Answer:C
In Attorney Abrams’s closing statement to the court in a bench trial, Abrams said: “Your honor, I drive on the street in question every day and I know that a driver cannot see cars backing out of driveways as the one did in this case. I believe that my client was not negligent and I ask you so to find.” Was Attorney Abrams’s closing argument proper?
A. Yes, if Attorney Abrams was speaking truthfully and not trying to deceive the court. B. Yes, because the rules of evidence are very liberal when the trial is before a judge without a jury. C. No, because Attorney Abrams asserted his personal knowledge of facts in issue. D. No, if there is no other evidence in the record about the facts asserted by Attorney Abrams.
Explanation: Another litigation “shall not.” Under Rule 3.4(e), a lawyer shall not “assert personal knowledge of facts in issue except when testifying as a witness.” The only exception to this Rule is if the lawyer himself is a witness. “A,” “B,” and “D” do not state proper exceptions. Accordingly, “C” is correct.