Legal & Judicial Ethics, 2011 Bar — Question 16

MULTIPLE CHOICE

Noel and Emily who were involved in a road accident sued Ferdie, the driver of the other car, for damages. Atty. Jose represented only Noel but he called Emily to testify for his client. During direct examination, Emily claimed that her injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose did not contest such claim. Ferdie later sued Emily for giving false testimony since her own doctor's report contradicted it. He also sued Atty. Jose for foisting a false testimony in court. Is Atty. Jose liable? (A) No, because he did not knowingly arrange for Emily to lie in court. (B) Yes, because he did not advise his client to settle the case amicably. (C) No, because Emily did not permit him to reveal the falsity to the court. (D) Yes, because he knowingly let Emily's false testimony pass for truth.

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