2013 (Legal Ethics) Bar Exam Questions: Multiple Choice Question 13

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XIII.

The mediator assigned to a civil case happens to be your law school classmate and he makes a doctrinal statement about the rights of the parties. You knew that the statement, although favorable to your client’s case, is incorrect.

The ethical move to make under the circumstances is to ________. (1%)

(A) correct the mediator and state the right doctrine

(B) just keep quiet because the other counsel might learn about your relationship with the mediator

(C) reveal your relationship with the mediator and ask the opposing counsel if he has any objections

(D) request the Mediation Supervisor to immediately change the mediator

(E) simply withdraw from the case because of the unfair advantage that you enjoy

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