Directions:

Consider the ethical implications of the following scenario: At 4 p.m., the day a discovery response is due, you send your client a response that he or she has to declare, under oath, that the facts and information contained in the response are truthful and completed to the best of his or her knowledge. The client has never seen the prepared response before.

• What are the ethical implications of this scenario?
• What steps would you take to keep this from happening in the first place?
• How does the ABA Model Rule of Professional Conduct 1.1, regarding competence, apply to the discovery process?