Im afraid that if I tell my lawyer that Im guilty, he will stop representing me. Can he do that?

Answer 1

Technically he can, but in practice very few attorneys ever would.

The ethical rules of attorneys vary by state, but are fairly consistent. Most are based on the ABA Model Rules of Professional conduct.

Under those rules, a lawyer may withdraw where the client's position (factual or legal) is so directly opposed to the attorney's personal beliefs that it causes of conflict of interest and interferes with the lawyer's professional judgment. An example might be a lawyer who is a devout Catholic and is morally opposed to the concept of divorce. That attorney might not be able to fairly and competent represent a client in a divorce proceeding, if their personal feelings get in the way.

However, someone does not go into criminal defense work if they are squeamish, and very few situations would be repugnant enough for an attorney to be unable to continue performing their ethical responsibilities.

On the flip side, some attorneys don't want to know whether you are guilty or not. If they know for sure, they are limited in what the can honestly say to the court. But if they're just repeating what their client told them, and they have no solid evidence that the client was lying, then they can represent that story to the court as true to the best of their actual knowledge. So, it all depends.

Talk to your attorney. Tell him your concerns. He's ethically bound to give you an honest answer. But the entire purpose of the attorney-client privilege is to allow clients to speak freely to their attorney without fear.

Answer 2

This is an answer given before on Yahoo Answers about the role lawyers play in the court room. It gave me great insight on how to meve forward both in my defense and prosectution without hiring a lawyer. They are officers of the court, they are also actors in a deceptive charade. If you currently have a legal issue realize that ALL lawyers, defense included have sworn an oath of loyalty to the court, not you! they are in reality double-agents for the court, understand that once having been arrested/ticketed the court is obligated to convict you, otherwise you have been violated and they are responsible. So generally defense lawyers merely put on a show, often a sad one, that they are defending you, sure they will rant and rave but verbal argument means nothing at court, it all is in the documents, and that is how so many truly guiltless people are tricked out of thousands of dollars! If you trust in the legal system you will be convicted most especially if you are innocent. I've found good advice available at outlaws legal service on the web, realize outlaw does not mean criminal as generally thought, it means someone denied equal protection under the law!

The lawyer already "know's" if you are innocent or otherwise!

Answer 3

Unfortunately he can drop the case because the lawyer has a choice to represent you or not. Him/her feeling obligated to do something can give the lawyer that right. Although the law of ethics do state that anything said while he or she is still appointed as your lawyer can not be used against you in the court of law, that is if they would ask him to plea as a witness on the witness stand. You are still covered by the attorney-client privilege, and other protections. On the other hand it's like "Seth" said why would you want somebody to represent you if they are not going to fight for you regardless what your plea is? A good lawyer always meets up to their challenge.

Answer 4

It depends on if he's a court appointed attorney like legal aid. Or if he's being paid really well.
Most attorneys don't just drop a case.
But you should always be honest.
They are bound within their oath. But if they can give the judge a liable reason why they can't represent you then ...if they're not legal aid then they can forfet the case to another attorney.
But thats a lotta work. What are you guilty of?

Answer 5

No, actually he needs to know the truth, often he can find loopholes in the laws and the such. Good attorneys work to win the case no matter if you are guilty or not, Many times they get obvoius evidence thrown out, so that they judge, and the DA and your attorney all know you are guilty but you still get off because the evidence does not get used.

Work with him and he can do a better job

Answer 6

Client Confidentiality means he can't tell anyone else you said you were guilty. He CAN drop you as a client. If he thinks his knowledge of your guilt will affect his ability to plead your innocence, it is his duty as a lawyer not to represent you. I mean, you don't *want* a lawyer who thinks you ought to go to prison, right? It's usually best to be open with your lawyer, however- he can't build his best case if you're witholding information.

Answer 7

Don't be stupid: lie to the judge, jury, and everyone else if you have to. Don't lie to your lawyer. If he's not willing to represent a guilty client, then find someone who will.

If you have a public defender, I'll write you in prison...

Answer 8

He will not stop representing you. A criminal defense attorney's job is to show that the state has not proven their case, he does not need to prove anything, espiecially that you are not guilty or innocent.

However, if you tell your attorney that you are guilty and then decide that you want to testify in your defense and deny doing it, the attorney will not participate in your testimony. He cannot help you perjure yourself.

Answer 9

I don't know if he can stop representing you but he can't help you to the extent of his ability if he doesn't know the truth. Come clean. He cannot turn you in. But at the same time he can get in big trouble if he is perceived as lying for you.

Answer 10

A good lawyer wont.
Even if he belives you, his job is to represent you & do his job.