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Question
A lawyer represented a corporate defendant in a products liability lawsuit. The plaintiff has requested that the defendant's law firm turn over all memos prepared for the defendant based upon a need to obtain nonprivileged information that the company no longer has in its possession. The lawyer then refused and then the court ordered the lawyer to produce the memorandum. The lawyer still refused openly did so on the grounds that the court had erred in its analysis. The lawyer requested an interlocutory appeal on this issue to protect the corporation's privileged information. Is the lawyer's refusal to produce the memorandum consistent with the Model Rules? Group of answer choices Yes, because the lawyer openly disobeyed the court order on the grounds that it was in error and sought to appeal the court's ruling. Yes, unless the lawyer loses on appeal. No, because the lawyer failed to withdraw from the representation so that another lawyer could challenge the production of the memorandum. No, because the lawyer failed to follow a court order after full briefing and argument.
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