Certified Legal Professional (CLP) Practice Exam

If a surveillance tape contains relevant information, must the attorney produce it to the defense?

1. A) Yes, the attorney must provide all evidence

2. B) Yes, but only if the client approves

3. C) No, the information is not privileged and must be disclosed

4. D) No, because producing such material could harm the client’s case

The correct answer is: C) No, the information is not privileged and must be disclosed

The obligation to produce relevant information, such as a surveillance tape, primarily hinges on the principle that evidence must be disclosed if it is potentially exculpatory or favorable to the defense. In this context, if a surveillance tape contains relevant information, the attorney has a duty to disclose it because it is not protected by attorney-client privilege, which exists to keep communications between the attorney and the client confidential. Thus, the information in the surveillance tape must be produced if it is deemed relevant to the case. The legal system emphasizes fairness and the right to a fair trial, so withholding evidence that may be beneficial to the defense could contravene these principles. Additionally, ethical rules governing attorneys mandate that they not withhold relevant evidence from the opposing side. The other options either suggest conditions or exceptions that do not align with these principles. While client approval could be necessary for disclosing sensitive information, it does not override an attorney's obligation to disclose relevant evidence in criminal cases where it may impact the defense. The idea that producing such material could harm the client's case is a concern, but it does not exempt attorneys from their responsibility to disclose relevant evidence.