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 or a violation of attorney/client privilege or a violation of something?
2006-07-18 14:15:05 · 7 answers · asked by Go-Girl 2 in Politics & Government ➔ Law & Ethics
Good question.
The statement that the lawyer went "out of his way" is not clear enough to know. Lawyers are supposed to look into things and learn as much as they can about a situation. That includes conducting independent research. I don't think most lawyers are expected to play detective, but they can and should learn as much as they can about a situation.
If the lawyer was trying to find proof of guilt just for the sake of harming the client, that could be breaking a duty of loyalty or representation. If the lawyer improperly reveals things learned in the course of representing the client, or things the client revealed to the lawyer, that is a breach of the duty of attorney/client confidentiality.
However, a lawyer is under no duty to continue to represent a client who is uncooperative. Depending on the status of the case the lawyer can ask for the client's permission to quit and, failing that, petition the judge to be allowed to withdraw. In fact, a lawyer may have a duty to withdraw if they feel they cannot effectively represent the client. Some lawyers simply don't care and don't want to know whether their client is innocent or guilty. Others assume that most of their clients are guilty and they are simply trying to make the justice system work by keeping the prosecutor in line and getting the best deal for their client they can. Yet others take the client's honesty seriously, and think that if the client will not tell them the truth they cannot effectively represent the client. One of the worst things you can do for your case is to hide something from your lawyer that comes out unexpectedly in court so the lawyer is caught unprepared.
If this is a real situation for you and you have a new lawyer now, ask the new lawyer. If you are still with the same lawyer I would ask some tough questions, and also see if there's any way you can get a second opinion. But also keep in mind that the more your lawyer knows the better they can defend you, even if the truth is harsh.
I should also add that the laws and ethical requirements are state-by-state so some things depend on the state where the case is heard.
2006-07-18 14:41:28 · answer #1 · answered by Monso Orda 2 · 0⤊ 0⤋
Lawyers are supposed to go out of their way to find out that you didn't do it. If all they find is proof that you did, that's your fault for leaving a trail. They do not have to just take your word for anything.
If a lawyer doesn't believe you, he shouldn't be representing you. You can't fault him for having ethics and intuition.
A lawyer is under no obligation to represent you. Improper representation is when they go to court without doing their homework, or don't present exculpatory evidence, or something like that. What happens before court is a grey area. And unless he repeated something that you told him in confidence, he has not violated privilege, either.
2006-07-18 14:27:12 · answer #2 · answered by normobrian 6 · 0⤊ 0⤋
yes it is against the law for disclosure of eveidence ...... prosecution must disclose but defense cant legally or hypocratically offer any damaging information and can be disbarred for misconduct and can always warrant a mistrial and becuase we have this thing that says you cant be tried for the same thing twice means if they tried a person and it is over turned they cant reuse the infor again. it save the defendant from a witch hunt prosecution. the attorney those should always be told the truth it is his job to defend you and not damage your defense case .... if this has happen to you , you need to contact the state barr association, they can look into it ( i beleiev by law they must) and if warrant a new trial will be set, if he violates your civil right.... good luck
2006-07-18 14:27:47 · answer #3 · answered by joe 4 · 0⤊ 0⤋
Yes, you are correct. It's a violation of client confidentiality.
2006-07-18 14:18:59 · answer #4 · answered by tifferbell 2 · 0⤊ 0⤋
If there is evidence against you and your lawyer doesn't know about it, how can he counter it at trail? Just a thought. I have no legal training.
2006-07-18 15:36:22 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
Except for the fact that there was evidence you did it. If you were innocent you might have a case against him but since your not your just another piece of **** to them.
2006-07-18 14:19:22 · answer #6 · answered by Kookie M 5 · 0⤊ 0⤋
He only has to present a thorough defense.
2006-07-18 14:20:55 · answer #7 · answered by Who cares 5 · 0⤊ 0⤋