Quiz: Duty of Integrity

1. Quiz: Duty of Integrity In this quiz, please answer the following questions by checking the appropriate box or boxes.

2. Question 1: May you ever tell a tribunal something you know to be untrue?  Yes  No

3. Answer to Question 1: May you ever tell a tribunal something you know to be untrue?  Yes  No

4. Question 2: Suppose that, on behalf of a client, you submit to a tribunal a written testimony that you believe to be true. You later learn that one portion of the testimony is not true. What do you do?  a. Inform the tribunal that a portion of the testimony is untrue and ask the tribunal to strike that portion from the record of the proceedings. b. Inform the tribunal that the testimony submitted contains errors but do not reveal which statements are incorrect. c. Urge your client to correct his or her testimony. If he or she refuses, inform the tribunal that you are withdrawing from representation because your client lied to the tribunal. d. Urge your client to correct his or her testimony. If he or she refuses, inform him or her that you are forced to withdraw from representation. Then inform the tribunal that you are withdrawing from representation, but without informing the tribunal of the reasons for your withdrawal. e. Urge your client to correct his or her testimony. If he or she refuses, continue to represent him or her on the grounds that the client should choose what information is presented to the tribunal.

5. Answer to Question 2: Suppose that, on behalf of a client, you submit to a tribunal a written testimony that you believe to be true. You later learn that one portion of the testimony is not true. What do you do?  d. Urge your client to correct his or her testimony. If he or she refuses, inform him or her that you are forced to withdraw from representation. Then inform the tribunal that you are withdrawing from representation, but without informing the tribunal of the reasons for your withdrawal.

6. Question 3: Suppose the client in the previous question admits to lying about a portion of his or her testimony and agrees to correct it in a supplemental written submission to the tribunal. What do you do?  a. Submit a written supplement to the client's testimony that corrects the original testimony and explains why the client previously provided incorrect information. Continue to represent the client.  b. Inform the tribunal that the testimony submitted contains errors but do not reveal which statements are incorrect. Continue to represent the client. c. Inform the tribunal that the testimony submitted contains errors but do not reveal which statements are incorrect, and withdraw from representation. d. Submit a written supplement to the client's testimony that corrects the original testimony and explains why the client previously provided incorrect information, and then withdraw from representation.

7. Answer to Question 3: Suppose the client in the previous question admits to lying about a portion of his or her testimony and agrees to correct it in a supplemental written submission to the tribunal. What do you do?  a. Submit a written supplement to the client's testimony that corrects the original testimony and explains why the client previously provided incorrect information. Continue to represent the client.

8. Question 4: Suppose that a client comes to you for assistance with an appeal of a rejected refugee status claim. In the course of preparing the appeal, you learn that, during her initial refugee status determination hearing, the client lied about her marital status. The client's marital status is entirely irrelevant to her appeal and does not bear on the reasons for her rejection. What do you do?  a. Inform the tribunal that a portion of the testimony is untrue and ask the tribunal to strike that portion from the record of the proceedings. b. Urge your client to correct her testimony. If she refuses, inform her that you are forced to withdraw from representation. Then inform the tribunal that you are withdrawing from representation, but without informing the tribunal of the reasons for your withdrawal. c. Urge your client to correct her testimony. If she refuses, however, continue to represent him or her. d. Urge your client to correct her testimony. If she refuses, make a legal strategy decision to submit a one-page errata statement with the appeal brief that corrects the original testimony and states that the client is married. Continue to represent the client.

9. Answer to Question 4: Suppose that a client comes to you for assistance with an appeal of a rejected refugee status claim. In the course of preparing the appeal, you learn that, during her initial refugee status determination hearing, the client lied about her marital status. The client's marital status is entirely irrelevant to her appeal and does not bear on the reasons for her rejection. What do you do?  c. Urge your client to correct her testimony. If she refuses, however, continue to represent him or her.

10. Question 5a: Does the duty of integrity require you to refuse to represent someone simply because their testimony sounds improbable?  Yes  No

11. Question 5b: Does the duty of integrity require you to refuse to represent someone who suffered clear discrimination that may or may not rise to the level of persecution?  Yes  No

12. Question 5c: Does the duty of integrity require you to refuse to represent someone if country of origin information (COI) is contradictory such that only one source of COI supports their claim to have a well-founded fear?  Yes  No

13. Answer to Questions 5a, 5b and 5c: Does the duty of integrity require you to refuse representation of these cases?  No. The duty of integrity does not require a legal advisor or a legal aid organization to refuse to represent refugee claimants who have weak claims.