Ethical Responsibilities of Attorneys in Evidence Handling: Quizzes and Practice

Question 1

According to the Brady Rule, prosecutors must disclose exculpatory evidence to the defense:

Accepted Answer

As soon as they find it

Answer

Only if the defense asks for it

Answer

After the defendant is found guilty

Question 2

An attorney's ethical responsibilities in handling evidence include:

Accepted Answer

Both of the above

Answer

Preserving its integrity

Answer

Disclosing exculpatory evidence

Question 3

Exculpatory evidence must be disclosed to:

Accepted Answer

Both of the above

Answer

The court

Answer

The opposing counsel

Question 4

An attorney may NOT withhold evidence that:

Accepted Answer

Is exculpatory

Answer

Is harmful to their client's case

Answer

Is privileged

Answer

Is hearsay

Question 5

Which ethical principle primarily governs attorneys' handling of evidence?

Accepted Answer

Integrity

Answer

Confidentiality

Answer

Competence

Answer

Zealous advocacy

Question 6

Evidence that is inadmissible in court due to attorney misconduct includes:

Accepted Answer

Fruit of the poisonous tree

Answer

Privileged evidence

Answer

Hearsay evidence

Answer

Character evidence

Question 7

If an attorney discovers that their client has committed a crime, they have a duty to:

Accepted Answer

Both of the above

Answer

Report it to the authorities

Answer

Withdraw from the case

Question 8

Ethical responsibilities apply to:

Accepted Answer

All attorneys regardless of the nature of their practice

Answer

Attorneys who represent criminal defendants only

Answer

Prosecutors only

Question 9

An attorney's duty to correct false statements made by witnesses during trial applies:

Accepted Answer

Regardless of whether the attorney knows the statements to be false or their materiality

Answer

Only if the attorney knows the statements to be false

Answer

Only if the statements are material to the case

Question 10

What is the primary purpose of disclosing exculpatory evidence?

Accepted Answer

To ensure a fair trial by providing the defense with evidence that may support their client's innocence

Answer

To help the innocent party escape punishment

Answer

To reduce the prosecution's chances of success

Answer

To demonstrate the attorney's competence

Question 11

Which action constitutes evidence tampering?

Accepted Answer

Altering the contents of a witness's statement

Answer

Collecting a DNA sample from a suspect

Answer

Taking photographs of a crime scene

Answer

Examining a firearm used in a crime

Question 12

What is the distinction between exculpatory and inculpatory evidence?

Accepted Answer

Exculpatory evidence supports innocence, while inculpatory evidence supports guilt

Answer

Inculpatory evidence supports innocence, while exculpatory evidence supports guilt

Answer

Exculpatory evidence is more important than inculpatory evidence

Answer

Inculpatory evidence is always admissible at trial

Question 13

In the context of evidence handling, which of the following is a primary ethical responsibility of attorneys?

Accepted Answer

Preserving the integrity and authenticity of the evidence

Answer

Hiding evidence that could harm their client

Answer

Altering evidence to support their case

Question 14

What is the primary purpose of disclosure obligations for attorneys in legal proceedings?

Accepted Answer

To ensure both parties have access to all relevant evidence

Answer

To prevent attorneys from using evidence unfairly

Answer

To protect the confidentiality of witness statements

Question 15

Which of the following actions would be considered a violation of the prohibition against tampering with evidence?

Accepted Answer

Altering a witness's statement without their consent

Answer

Taking photographs of the crime scene

Answer

Seizing evidence without a proper legal basis

Question 16

How can attorneys balance their duty of loyalty to their client with their ethical obligations in handling evidence?

Accepted Answer

Disclosing all relevant evidence, even if it hurts their case

Answer

Prioritizing the client's interests over the ethical rules

Answer

Refusing to present evidence that could harm their client

Question 17

In which stage of the legal process are ethical responsibilities in handling evidence particularly critical?

Accepted Answer

Pre-trial discovery and trial

Answer

Sentencing

Answer

Appeals

Question 18

What is the primary role of the court in enforcing ethical responsibilities in handling evidence?

Accepted Answer

To interpret ethical rules, issue sanctions, and ensure compliance

Answer

To provide guidance to attorneys on ethical issues

Answer

To investigate and prosecute ethical violations independently

Question 19

An attorney has a duty to disclose evidence that could bear significantly on the case, even if it is obtained through attorney-client communications. True or False?

Accepted Answer

True.

Answer

False.

Question 20

According to Rule 3.4(a) of the ABA Model Rules of Professional Conduct, which of the following is an ethical duty of attorneys in handling evidence?

Accepted Answer

Disclosing all relevant, non-privileged evidence to the opposing party

Answer

Protecting the privacy of individuals

Answer

Suppressing evidence that could harm the client

Answer

Conflicting out of cases involving potential ethical violations not involving the handling of evidence

Question 21

What is the difference between exculpatory evidence and inculpatory evidence?

Accepted Answer

Exculpatory evidence supports the defendant's innocence, while inculpatory evidence supports their guilt

Answer

Exculpatory evidence is only admissible during the guilt phase, while inculpatory evidence is introduced during both guilt and penalty phases

Answer

Inculpatory evidence has a higher burden of proof than exculpatory evidence

Answer

Exculpatory evidence is always more reliable than inculpatory evidence

Question 22

What is the ethical dilemma that arises when an attorney discovers exculpatory evidence that their client refuses to disclose?

Accepted Answer

The attorney must disclose the evidence to the court in accordance with Rule 3.8(d) of the ABA Model Rules of Professional Conduct

Answer

The attorney must withdraw from the case

Answer

The attorney must follow the client's wishes

Answer

The attorney has no ethical obligation to disclose the evidence

Question 23

Which of the following is NOT an ethical responsibility of attorneys regarding evidence?

Accepted Answer

Tampering with the evidence to enhance its probative value

Answer

Preserving the integrity of the evidence

Answer

Disclosing exculpatory evidence to the opposing party

Answer

Informing the court of any potential conflicts of interest

Question 24

What is the primary objective of the ethical codes governing the handling of evidence?

Accepted Answer

To guarantee a fair and unbiased trial process

Answer

To safeguard the legal industry's reputation

Answer

To prevent lawyers from obtaining an unjust edge

Answer

To facilitate the effective management of cases

Question 25

Specifically, what constitutes tampering with evidence?

Accepted Answer

All of the mentioned options

Answer

Modifying a crime scene

Answer

Concealing or destroying evidence

Answer

Altering a witness's testimony

Question 26

When an attorney receives evidence that may have been acquired unethically or illegally, what is their ethical obligation?

Accepted Answer

Inform the court and opposing counsel about the evidence's questionable origin.

Answer

Use the evidence without hesitation, as the burden of proving admissibility lies with the prosecutor.

Answer

Suppress the evidence, even if it could aid the client's case.

Answer

Disregard the source of the evidence and concentrate solely on its relevance.

Question 27

In legal proceedings, what does the 'fruit of the poisonous tree' doctrine refer to?

Accepted Answer

Evidence obtained illegally cannot be used in court because it's tainted by the illegal source.

Answer

Evidence gathered legally but found irrelevant to the case cannot be presented in court.

Answer

Witness testimony considered unreliable is inadmissible in court.

Answer

Evidence collected without the defendant's consent is prohibited in court.

Question 28

Which of the following is NOT an ethical responsibility of attorneys regarding evidence handling?

Accepted Answer

Tampering with evidence to obtain a favorable outcome

Answer

Disclosure of evidence that supports the client's innocence

Answer

Preserving evidence relevant to the case

Answer

Complying with discovery rules

Question 29

Discovery rules in evidence handling primarily aim to:

Accepted Answer

Ensure that both parties have access to relevant evidence before trial

Answer

Limit the amount of evidence that can be presented in court

Answer

Protect witnesses from harassment

Answer

Give attorneys an unfair advantage

Question 30

Which of the following would qualify as exculpatory evidence?

Accepted Answer

A witness statement supporting the defendant's alibi

Answer

A video recording of the defendant committing the crime

Answer

An email from the victim expressing gratitude to the defendant

Answer

A medical report documenting the victim's injuries

Question 31

When may an attorney cross-examine their own witness?

Accepted Answer

In all of the above situations

Answer

If the witness is hostile or evasive

Answer

If the witness's testimony is damaging to the case

Answer

If the attorney suspects the witness has lied

Question 32

Which of the following is NOT considered a hearsay exception?

Accepted Answer

Expert opinion

Answer

Present sense impression

Answer

Excited utterance

Answer

Dying declaration

Question 33

Which ethical duty specifically requires attorneys to disclose all evidence favorable to the opposing party, even if it could harm their client's case?

Accepted Answer

Duty of Disclosure

Answer

Duty of Competence

Answer

Duty of Confidentiality

Answer

Duty of Diligence

Question 34

The primary reason for the prohibition against tampering with evidence is to:

Accepted Answer

Preserve the integrity and reliability of the evidence

Answer

Protect the fair trial rights of the accused

Answer

Minimize the risk of perjury

Answer

Avoid sanctions from the court

Question 35

Which of the following factors is NOT considered when determining whether evidence is material?

Accepted Answer

The timing of when the evidence was discovered

Answer

The relevance of the evidence to the case

Answer

The weight or significance of the evidence

Answer

The credibility or reliability of the evidence

Question 36

An attorney's duty to disclose evidence encompasses disclosing all evidence that is:

Accepted Answer

Material to the case.

Answer

Based on hearsay.

Answer

Favorable to their client.

Answer

Prejudicial to their client.

Question 37

According to the American Bar Association Model Rules of Professional Conduct, which of the following is strictly prohibited?

Accepted Answer

Tampering with evidence.

Answer

Presenting evidence in court.

Answer

Cross-examining witnesses.

Answer

Preserving evidence for future use.

Question 38

Which action by an attorney would be considered a violation of ethical responsibilities?

Accepted Answer

Intentionally concealing or destroying evidence that could exonerate their client.

Answer

Arguing their client's case in court.

Answer

Filing a motion to exclude evidence.

Answer

Advising their client on their legal rights.

Question 39

Under what circumstance may an attorney ethically withdraw from representing a client?

Accepted Answer

When they have a conflict of interest or an ethical duty to do so.

Answer

When they have a scheduling conflict with another case.

Answer

When their client refuses to pay their fees.

Answer

When they believe their client is guilty.

Question 40

Which of the following actions by an attorney would be considered a violation of ethical duty?

Accepted Answer

Pressuring a witness to alter their testimony.

Answer

Cross-examining an opposing witness.

Answer

Preparing a client for trial.

Answer

Objecting to inadmissible evidence.

Question 41

An attorney's duty of confidentiality generally prohibits:

Accepted Answer

Revealing privileged communications with their client.

Answer

Testifying against their client in court.

Answer

Reporting illegal activities committed by their client.

Answer

Disclosing information necessary for the defense of their client.

Question 42

An attorney's duty when presenting evidence includes:

Accepted Answer

Presenting all relevant evidence, even if it is adverse to their client's case.

Answer

Concealing evidence that could harm their client's case.

Answer

Presenting only evidence that supports their client's claims.

Answer

Altering evidence to make it more favorable to their client.

Question 43

An attorney's duty of zealous advocacy means that they must:

Accepted Answer

Represent their client within the bounds of ethical conduct.

Answer

Withdraw from representation if they believe their client is lying.

Answer

Prioritize their own interests over their client's interests.

Answer

Do whatever it takes to win their client's case, regardless of the ethical implications.

Question 44

An attorney has an ethical obligation to:

Accepted Answer

Preserve evidence that is relevant to the case and not destroy or alter it

Answer

Withhold evidence that may harm their client

Answer

Alter evidence to support their client's case

Answer

Ignore evidence that contradicts their client's testimony

Question 45

An attorney may be held liable for tampering with evidence if they:

Accepted Answer

Conceal or destroy evidence without authorization from the court or opposing counsel

Answer

Question witnesses about the evidence

Answer

Share evidence with other attorneys in the case

Answer

Take photographs of evidence for their own records

Question 46

An attorney's ethical obligation to maintain integrity includes:

Accepted Answer

Avoiding conflicts of interest and declining representation when there is a risk of compromising their professional judgment

Answer

Using technicalities to win their case

Answer

Concealing evidence that could harm their reputation

Answer

Following the instructions of their client at all costs

Question 47

An attorney has an ethical duty to:

Accepted Answer

Withdraw from representation if they learn of a conflict of interest that may impair their ability to provide effective representation

Answer

Ignore any potential conflicts of interest

Answer

Continue representing a client even if they disagree with their actions

Question 48

Potential consequences of violating the ethical rules governing attorneys include:

Accepted Answer

Disbarment, suspension from practice, or other disciplinary actions

Answer

Promotion to a higher position

Answer

Increased caseload

Answer

No consequences

Question 49

An attorney has a duty to:

Accepted Answer

Respect the confidentiality of communications with their client, even after the representation ends

Answer

Disclose confidential information if it benefits their case

Answer

Use confidential information to blackmail the client

Question 50

Which of the following is a fundamental ethical principle for attorneys?

Accepted Answer

Zealous advocacy within the bounds of the law and ethical rules

Answer

Ignoring the interests of the client

Answer

Using unethical means to advance their case

Answer

Winning the case at all costs

Question 51

An attorney has an ethical obligation to:

Accepted Answer

Represent their client zealously within the bounds of the law and ethical rules, advocating for their client's interests without misleading the court or opposing counsel

Answer

Ignore any laws that may hinder their client's case

Answer

Deceive the court or opposing counsel

Question 52

A key ethical issue for attorneys is the need to:

Accepted Answer

Balance loyalty to their clients with their obligation to the legal system and the pursuit of justice

Answer

Winning cases at all costs

Answer

Maximizing their financial gain