If a client tells his lawyer he didn't commit a crime and the lawyer goes out of his way to find information against the client, isn't that a violation of the client's right to proper representation?
2006-07-18 14:13:35 · 7 answers · asked by Go-Girl 2 in Politics & Government ➔ Law & Ethics
Watch the re-runs of Perry Mason. All the laws still hold true today, except one that I know of, and that is of parking tickets or something stupid that wasn't covered in the '50's. An attorney cannot, once signed, reveal any incriminating confessions or other information against his client. It's kind of like a catholic- priest confidentiallity thing.
2006-07-18 14:26:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Interesting. It is probably not the first time the attorney had heard a dubious profession of innocence.
It could be that the attorney was going out of his way to find information to prove his client's innocence and found out the truth. Better yet, he was looking for any information that could be used in the defense of the case -- fact witnesses, alibi testimony, characer witnesses, etc. The worst thing that could happen is a surprise at trial that you can't explain: he was likely trying to prevent that from happening.
Moreover, if the client is guilty, the attorney keeps him from committing perjury by keeping the client off the stand.
Finally, he could be looking down the road, to the punishment phase of the trial. If the defense is a lost cause, you need to be ready to put on a case for leniency in sentencing. Clients don't want to hear that -- they want you proving innocence -- but a good lawyer is often a realistic lawyer and is always looking ahead.
The lawyer owes a a duty to zealously represent the interests of his client. Sounds like he was doing that.
2006-07-18 21:27:44 · answer #2 · answered by Thufir 3 · 0⤊ 0⤋
A lawyer can and often will. A good lawyer will want all of the facts, in order to mount a proper defense and prevent surprises in the courtroom. If, however, a lawyer finds that a client will likely lie under oath, he/she is obligated by the canons of ethics not to allow that. That would be suborning perjury.
Anything a defendent tells an attorney is also covered by attorney/client priviledge as well, in order to facilitate the process. It's very difficult to legally get a defense attorney to divulge anything clients have shared with them.
2006-07-18 21:18:37 · answer #3 · answered by Michael D 3 · 0⤊ 0⤋
I think a lawyer listens to his client but always has to evualuate the evidence they find. If in the process of trying to prove the client innocent, they happen to find evidence of the client's guilt then they must share that with the DA. But I think most lawyers attempt to find out the truth first and compare whatever evidence found with the client's statements later.
2006-07-18 21:21:45 · answer #4 · answered by osunumberonefan 5 · 0⤊ 0⤋
The lawyer just wanted to know if his client was guilty so he could represent him the best way he knew how,., A lawyer should believe his client though and even if disbelieving a criminal lawyer should do his best to get him off, I doubt its a violation of his right unless he came to court and said your honor hes guilty without his permission
2006-07-18 23:14:52 · answer #5 · answered by kenoking@sbcglobal.net 2 · 0⤊ 0⤋
No! You are entitled to lawyer client privilege and to be defended to the best of the lawyer's ability. Part of that defense is knowing all the facts of the case for and against that way no surprises will occur during the trial. Peace.
2006-07-18 21:22:44 · answer #6 · answered by wildrover 6 · 0⤊ 0⤋
Yes he does.
The lawyer is there to prove or protect his innocence.
The lawyer can ask him for the truth if he did it,however that is called client privilege.
A lawyer CANNOT go against his client. It would stop his career dead.
2006-07-18 21:19:22 · answer #7 · answered by beedaduck 3 · 0⤊ 0⤋