PrepTest 116, Section 4, Question 3

OrganizationDifficulty2 of 5
Passage 1Defense lawyers’ duties to clients, courts, and society
The questionFull text in your LawHub copy of PrepTest 116

Is it necessary for defense lawyers to believe(436 more words not shown)

Which one of the following(14 more words not shown)

Reading the passage

The ending says lawyers should be advocates for defendants' rights given the facts, rather than mere mouthpieces. I don't have an exact next sentence to predict, but it should develop that role: what follows from insisting that the lawyer actually stand behind the case?

Working the answers

  • A
    Correct

    Honesty fits the rejection of knowingly false claims; substantive accuracy fits the attention to facts; selectivity fits the statement that lawyers needn't accept every case. This develops the proposed role without introducing a different aim.

  • B

    The writer argues against misrepresentation. Concluding that law remains morally dubious because misrepresentation might win an acquittal doesn't follow from that recommendation.

  • C

    The right to a defense is preserved. The distinction is that a particular lawyer needn't accept every case or make every requested argument. Nothing makes the defendant's right vary with the severity of the alleged crime.

  • D

    A new duty to prove professional worth through acquittals isn't introduced or supported. It also leaves out the stated duty to the client while treating court and society as separate obligations.

  • E

    We aren't given a proposal for judges to interrogate lawyers. The argument concerns how lawyers should decide and act; it doesn't establish this procedure for investigating them.

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