Or should he have to stand back while his client gives his testimony in monologue as the model rules advocate?
2006-09-14 18:39:44 · 7 answers · asked by deadwoodfan 1 in Politics & Government ➔ Law & Ethics
The model rules do not require a monologue.
The model rules, and most state ethical codes, only require that the attorney not suborn perjury, by asking questions to which they know the client (or any other witness) is going to lie. So, if the client is going to answer truthfully to some of the questions, the attorney can ask those questions.
Quoting from the ABA Comment to Model Rule 3.3:
"[6] If a lawyer knows that the client intends to testify falsely or wants the lawyer to introduce false evidence, the lawyer should seek to persuade the client that the evidence should not be offered. If the persuasion is ineffective and the lawyer continues to represent the client, the lawyer must refuse to offer the false evidence.
** If only a portion of a witness's testimony will be false, the lawyer may call the witness to testify but may not elicit or otherwise permit the witness to present the testimony that the lawyer knows is false."
2006-09-14 19:33:19 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
How does this hypothetical lawyer "know" about the guilt?
In most civilised legal systems lawyers cannot mislead the court. This extends to making no submission or not asking any question that suggests innocence when the client has confessed to the lawyer.
2006-09-14 19:58:02 · answer #2 · answered by iansand 7 · 0⤊ 0⤋
relies upon. A legal expert's job isn't deceptive the choose with fake information. If i understand for particular that my customer is responsible. I won't stand interior the courtroom and tell how harmless he's. All i will do is giving a solid information approximately why he committed the guilt. If there is not something in his case that i will safeguard, exceedingly the place it is composed of alternative harmless human beings then i does not. it quite is why i'm a human rights legal expert who works interior the youngsters rights section. i visit continually understand my consumers are harmless.
2016-10-15 00:36:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
One of the ammendments is that no one may be forced to incriminate themselves. Your guilty client can have a lawyer present as well as peers and may decline to answer any question that may put him/her in jail. Court appointed lawyer suck though.
2006-09-14 18:49:38 · answer #4 · answered by charity2882 4 · 0⤊ 0⤋
That's the lawyer's job and it is called ethics and the rule of law.
2006-09-14 18:48:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
everyone is entitled to a fair trail, as part of procedure...... its his right, guilty or not....
that is why they say innocent until proven guilty.
2006-09-14 18:44:50 · answer #6 · answered by what???? 2 · 0⤊ 0⤋
that is how it works.
2006-09-14 18:43:31 · answer #7 · answered by petelephant 3 · 0⤊ 0⤋