Attorney Arnot is defending Clive, who has been indicted for burglary. During an interview, Clive told Arnot that, before he first consulted Arnot, he had committed perjury while testifying before the grand jury that indicted him. Attorney Arnot is subject to discipline if he:
A. continues to represent Clive.
B. continues to represent Clive unless Clive admits his perjury.
C. does not inform the authorities of the perjury.
D. informs the authorities of the perjury.
Answer:D
Attorney Arnot is defending Clive, who has been indicted for burglary. During an interview, Clive told Arnot that, before he first consulted Arnot, he had committed perjury while testifying before the grand jury that indicted him. Attorney Arnot is subject to discipline if he:
A. continues to represent Clive. B. continues to represent Clive unless Clive admits his perjury. C. does not inform the authorities of the perjury. D. informs the authorities of the perjury.
Explanation: This one is very tricky. Rule 3.3(a)(3) prohibits the lawyer from offering evidence that the lawyer knows to be false: “A lawyer shall not knowingly…”. So, if Attorney Arnot was representing Clive at the time of the grand jury testimony, Rule 3.3(a)(3) would have been triggered. But, Attorney Arnot was not representing Clive when he testified falsely, so Arnot has not violated Rule 3.3. Instead, the client has communicated a past crime or fraud. None of the 1.6 exceptions apply. Accordingly, Rule 1.6(a) requires Arnot to maintain confidentiality.