This is for my paralegal course - I can't seem to find the answer to this anywhere!! The client is charged with shoplifting - she confesses that she did the crime to me, the paralegal. I inform my boss of her confession... Are we (my boss and/or I) then required to testify at her larceny trial? Thanks for any help :)
2006-12-09 06:32:24 · 18 answers · asked by Xx-Kai-xX 2 in Politics & Government ➔ Law & Ethics
First, an attorney is not supposed to testify at a hearing where he or she is the attorney of record.
The situation you've described is covered by the Model Rules of Professional Conduct (the adopted ethics code for lawyers in most jurisdictions). Rule 1.6 requires that a lawyer keep information given to him or her by a client confidential.
However, rule 3.3 requires candor towards the court and specifically prohibits an attorney from "offer[ing] evidence he knows to be false."
So if a client admits to a crime, an attorney probably is prohibited from allowing that client to testify on the stand that he is innocent - that would be a violation of 3.3. But, there's nothing which prevents a criminal defense attorney from making the prosecutor prove the case; just as long as the attorney is not offering false evidence.
2006-12-12 02:14:55 · answer #1 · answered by chio 3 · 0⤊ 0⤋
No lawyers have no obligation to be honest, therefore to be a good lawyer you must rid yourself of the concept of right and wrong, your job is to free the murderer or the corporate cheat who stole the pensions of working stiffs.
Think about it, what other profession pays people to produce no tangible product, and their primary purpose is to out weasel another conniving lawyer.
After you do this long enough then maybe you can be a judge with the power to over ride the will of the people and tell them you think they should shut up and continue to pay for this program or recognize someones new found social status. Most of them sicken me.
Most politicians are lawyers as well.
Funny though, bill clinton was disbarred, isn't it ironic?
At least they got that one right.
2006-12-09 07:06:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
HELLO! No, you're not require to testify or tell any one. You have client and
attorney private. The best think is to talk to your client and show her how wrong it was for her to shoplift. That's the best thing is to try to get her to plead guilty to a lesser crime.
2006-12-09 06:39:30 · answer #3 · answered by Anonymous · 0⤊ 1⤋
This depends, has she retained your firm as her counsel? Is she in the process of retaining your firm? In either case, this is protected client-attorney privilege even if you're not an attorney. Your firm is part of the blanket coverage under this doctrine.
I wouldn't say anything, plus it's up to the state to prove that she did it.
2006-12-09 08:50:42 · answer #4 · answered by El_Nimo 3 · 0⤊ 0⤋
Attorney client privilege. Once the police have charged the person, and the person engages the services of an attorney, it all falls under attorney/client privilege.
2006-12-09 06:35:18 · answer #5 · answered by Eaglesguy 2 · 1⤊ 1⤋
Of course not. That would fall under client confidentiality. That confidentiality extends not just to the "boss" lawyer, but to any legal assistants and paralegals working under them.
2006-12-09 06:35:21 · answer #6 · answered by non_apologetic_american 4 · 1⤊ 1⤋
is it his lawyer then no he does not BC that is client confidentiality this makes him keep the secreted BC that would be against the law if he told anyone else his clients business. I know for a fact that lawyers can not tell BC i know some lawyers who defended ppl KNOWING THE DID THE CRIME BC THEIR CLIENTS TOLD THEM. so i am saying no the will not have to testify.
2006-12-09 06:36:31 · answer #7 · answered by knowssignlanguage 6 · 1⤊ 1⤋
no no no !!!!! Have you ever heard of attorney client privilege. That must be in your book. Any thing that they say to you is extremely confidential and therefore not admissible in court. You or your boss could get disbarred for such a breach of confidence.
2006-12-09 06:43:14 · answer #8 · answered by josified 3 · 1⤊ 1⤋
No, you are not. If so, defense lawyers would probably never be hired. They are required not to tell even if they do know you did it. The only thing is that they can't let you take the stand if they know you did it.If so,they can be disbarred for letting you commit perjury.
2006-12-09 19:38:58 · answer #9 · answered by RoxieC 5 · 0⤊ 0⤋
No, that is client attorney privilege and you take a vow when you get your Atty. License not to indulge any information a client tells you.
2006-12-09 06:36:46 · answer #10 · answered by Anonymous · 1⤊ 1⤋