If an attorney alters or moves evidence, what is their obligation regarding the evidence?

Gain expertise for the California Professional Responsibility Exam. Study with targeted questions and detailed explanations to master ethics and professionalism. Prepare efficiently for your exam!

When an attorney alters or moves evidence, their primary obligation is to produce it for the authorities. This obligation is rooted in the ethical duty to uphold the integrity of the legal process and ensure that all relevant evidence is available for examination by law enforcement or the courts. Altering or moving evidence raises concerns about spoliation, which occurs when evidence is intentionally or negligently destroyed or altered.

By duty, an attorney must not interfere with the evidence that could be essential to either the prosecution or defense in a legal matter. This aligns with the professional responsibility to ensure that justice is served and that the legal system operates fairly. In this context, producing the evidence allows the court to maintain a full and fair understanding of the case at hand.

The other options do not align with the ethical responsibilities of an attorney. Destroying evidence, disposing of it if deemed unnecessary, or keeping its location secret would not only violate legal obligations but also jeopardize the integrity of the legal proceedings. Thus, the requirement to produce it for authorities if it has been altered or moved is the correct and ethically aligned response.

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