1. You have another case involving this same real estate developer client. This case involves a personal liability claim against your client for injuries sustained on a property owned by that client. One issue in the case is that, after the accident in question occurred, your client installed a gate that, if it had been present at the time of the accident, would likely have prevented the accident from occurring. The usual rule of evidence in such cases is that changes made after an accident cannot be used in evidence to establish that the defendant your client was negligent in some way. However, a trial court judge in a similar case in the same jurisdiction in which your case is pending recently ruled in an unpublished opinion that evidence of such repairs can be used in evidence to establish negligence.

During a pre-trial conference with the judge and the plaintiff's attorney, the judge asks you if you are aware of any cases in which post-accident repairs were allowed in evidence to establish negligence.

Under the Code of Professional Conduct, how should you answer that question?

Identify and describe the relevant Rule or Rules.