Kits duties under the model rules of professional conduct

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Reference no: EM133671238

Kit Wright is an attorney who is about to try to negotiate a settlement of an age discrimination case in which she represents the defendant. She is trying to decide what she can say to the other lawyer in the negotiations. Kit is contemplating trying to persuade the other lawyer to settle by telling him that "in my view, this is the weakest case on liability that I have ever seen. Your witnesses wilted during the depositions and they'll wilt again at trial. You have no chance of winning this case so you had better take this settlement for its nuisance value." The problem, if there is one, is that Kit thinks the plaintiff's case actually is quite strong on liability, that the plaintiff's witnesses did very well at their depositions, and the witnesses likely will also do well at trial. Which of the following statements most accurately describes Kit's duties under the Model Rules of Professional Conduct?

Question

Kit may not make these statements in the negotiation because they are patently false. Kit may make these statements in the negotiation because there is no requirement that a lawyer be truthful in negotiation. Kit may make these statements.

Reference no: EM133671238

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