Question
Brenda Backbiter hires Frank Forthright to file a defamation suit against her ex-best friend, Sally Sensitive, and to spare no expense in winning. After Sally's
Brenda Backbiter hires Frank Forthright to file a defamation suit against her ex-best friend, Sally Sensitive, and to "spare no expense" in winning. After Sally's attorney has filed the answer to the complaint, Brenda instructs Frank to have a private detective assigned to case. Frank hires "Pink Pete's Licensed Investigative Services, Inc." Pete is paid to strike up a conversation with Sally at a local bar without letting her know that he has been hired by Forthright's firm. Sally consumes a large amount of alcohol, complements of Pete's expense account, and admits that the defamatory statements were untrue and completely unfounded.
In obtaining the admission from Sally, what rule in the ABA Model Rules of Professional Conduct address if Frank Forthright acted unethically?
- No, because he was following the instructions of his client.
- No, because Pete was a licensed investigator.
- Yes, because Pete took advantage of Sally while under the influence of alcohol.
- Yes, because Frank instructed Pete to interview Sally.
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