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An attorney represented a client in a slip-and-fall accident claim against the owner of a local burger restaurant. The client alleged that he fell on
An attorney represented a client in a slip-and-fall accident claim against the owner of a local burger restaurant. The client alleged that he fell on a banana peel while walking toward the drink machine at the restaurant. Three weeks prior to the date designated for trial, the attorney discovered a customer who witnessed the accident. The attorney interviewed the customer-witness, who contradicted the testimony of the client. The witness claimed that there was no banana peel on the floor and that the client's kids were running around the restaurant and tripped the client, who then fell on the floor. The witness asked the attorney, "Do I have to appear in court? I really can't take time off of work to appear in court." The attorney replied, "Well, then you really shouldn't answer your phone." The attorney never mentioned this conversation with the witness to the opposing counsel, who knew nothing about this witness. Is the attorney subject to discipline? Group of answer choices No, because the attorney has an ethical obligation to represent her client zealously. Yes, because the attorney improperly suggested that the witness refrain from speaking about what the witness saw, and the witness is not a relative, employee, or agent of the client. No, because the opposing counsel had not yet subpoenaed the witness to testify. Yes, because the attorney failed to notify opposing counsel of a witness who had relevant adverse evidence
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