Under the truthfulness rule, which action constitutes misrepresentation?

• A. Incorporating or affirming a statement from another person that the lawyer knows is false.
• B. Repeating a client’s statement that the lawyer believes is true.
• C. Disclosing a known false statement to the court to gain advantage.
• D. Questioning a witness about a known false fact.

Answer: (A)

The key idea is that the truthfulness rule bars a lawyer from knowingly presenting false information as true. The clearest violation is when the attorney incorporates or endorses a statement from someone else that the lawyer knows is false. By lending credibility to another person’s lie and presenting it as fact, the lawyer deceives the court or a third party.

If the lawyer repeats a client's statement that the lawyer believes is true, there’s no misrepresentation because the lawyer does not know it’s false; the issue is knowledge of falsity. Disclosing a known false statement to the court to gain an advantage isn’t about presenting false information as true—it’s about correcting or exposing it—so it doesn’t fit the misrepresentation mindset. Questioning a witness about a known false fact could involve improper conduct or suborning perjury, but it isn’t the act of presenting a known false statement as true itself.