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An attorney represented a plaintiff in a civil suit against a defendant, who was also represented by a lawyer. In the course of developing the
An attorney represented a plaintiff in a civil suit against a defendant, who was also represented by a lawyer. In the course of developing the plaintiff's case, the attorney discovered evidence that she reasonably believed showed that the defendant had committed a crime. The attorney felt that the defendant's crime should be reported to local prosecutorial authorities. After full disclosure, the plaintiff consented to the attorney's doing so Without advising the defendant's lawyer, the attorney informed the local prosecutor of her findings, but she sought no advantage in the civil suit from her actions. The defendant was subsequently indicted, tried, and acquitted of the offense.
Was the attorney's disclosure to prosecutorial authorities proper?
A Yes, because the attorney reasonably believed that the defendant had committed a crime.
B Yes, because the attorney was required to report unprivileged knowledge of criminal conduct.
C No because the attorney did not know that the defendant had committed a crime.
D No because the plaintiff's civil suit against the defendant was still pending.
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