So if the lawyer finds out his defendent is lying than he can drop the case. How is that procedure done? I mean does he still have to go to court and tell the judge during the case, or does he write the judge a letter saying that he does not want to defend his defendent.
2006-07-13 08:21:56 · 12 answers · asked by awesome127 1 in Politics & Government ➔ Law & Ethics
A lawyer can not knowingly allow his client to testify untruthfully.
An attorney can not betray his attorney client privilege. So the lawyer can drop the client/case (if allowed), or "Noisy withdrawal", meaning drop the case in a conspicuous way, ie call the judges attention that something is awry (ethically this is dicey territory).
If the case is too far along, meaning in trial or too far along in trial prep. the court may not allow an attorney to drop the case. In this situation it is incumbent upon the attorney to not allow his client to testify untruthfully.
2006-07-13 08:45:56 · answer #1 · answered by Old Money 3 · 1⤊ 0⤋
He should confront the defendent and ask him to tell him everything. You can only defend if you know the truth. If the defendent is really guilty there only two things a lawyer can do.
(1) Find a technicality to get him off or (2) To plead for lower sentence & help him plea bargain. Guilty is guilty lying does not change it. Lawyer does not have to drop the case if the defendent tells him truth when confronted.
2006-07-13 08:29:25 · answer #2 · answered by apm2006 3 · 0⤊ 0⤋
A lawyer will file a "motion to withdraw." This will be a very short (1 page) written document generally explaining why he wants to withdraw- i.e. that he does not have a working relationship with the client which would let him adequately defend his client. After that he will have to go to a hearing, although it will be very brief, and the judge will rule on it quickly. The court process might take 2 minutes, tops.
2006-07-13 08:27:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
legal professionals are the equivalent of "lower than oath each and every of the time" being sure by their specialist code of habit, so they don't favor to take a spoken oath on the record, being in solid status with their licensure is sufficient. The "no longer accountable" plea is a constitutional excellent because the load of data is on the prosecution to instruct the case and thanks to the presumption of innocence which follows each and every defendant by the courtroom situations until eventually which era a decide or jury returns a verdict of "accountable". once an ordeal leads to a accountable verdict, you won't be able to then turn round and commence yet another proceeding hostile to the defendant for pleading "no longer accountable" in the first position!
2016-10-14 10:37:54 · answer #4 · answered by ? 4 · 0⤊ 0⤋
I believe he has to ask for an audience with the judge either in the court room or his chambers. He cannot tell the judge exactly why but he can phrase it to where the judge will let him go.
2006-07-13 08:27:37 · answer #5 · answered by nana4dakids 7 · 0⤊ 0⤋
He can request to be excused from the case. However, it's not likely to happen and if he is NOT excused, he must still defend his client to the best of his ability - or he can be charged with a crime as well.
Additionally, whether he is excused or not, anything his client told him falls under attorney/client privilege and it's a crime to disclose it.
2006-07-13 08:26:34 · answer #6 · answered by gemthewitch 3 · 0⤊ 0⤋
the lawyer can resign as council. However it looks bad for the defendent.
2006-07-13 08:25:14 · answer #7 · answered by hilarywow 3 · 0⤊ 0⤋
Explain to the client that your you took an oath to defend and expose the truth and you are no longer ethically able to represent them.
2006-07-13 08:38:38 · answer #8 · answered by stealm 2 · 0⤊ 0⤋
He can excuse himself from the case, but if you go into defense to defend only innocent people, you are kidding yourself.
2006-07-13 08:24:53 · answer #9 · answered by Blunt Honesty 7 · 0⤊ 0⤋
I don't think lawyers ever want to know the truth, they just have a 'game'
2006-07-13 08:25:02 · answer #10 · answered by Leah M 1 · 0⤊ 1⤋