What is it like to a lawyer if you think you know your client did it?

Question

Was looking to become a lawyer at one point but became a teacher instead - but one thing always bugged me - how can you defend someone when you think (or even know!) they ar guilty, yet they say they are not. I realise its your job to 'get them off' but do you ever worry youve just got a guilty person from begin sent to jail? How do you cope with that? Also if they tell you what they did you have to report it right? Do lawyers keep it themselves if they think they can win the case? cheers

Answer 1

In the UK, a solicitor who has actual or reasonable knowledge that their client has committed an offence, cannot continue to act if the person intends to make a not guilty plea, and information as well which the defendant wants to mislead the court, the solicitor must stop acting, since the solicitor owes a higher duty to the court than to the client as the solicitor is an officer of the court, although rarely solicitors do break their own professional rules, most don't.

Answer 2

Most of the people answering on here have a very misconstrued conception of criminal defense work. Do you really think that the public defender making $28,000 a year defending the homeless, drug addicted car jacker is doing it for the money? Whose money? Most criminal defendents (by a vast majority) are poor. Look at our prison population - do you see the wealthy being locked up? Oh, I know there are those of you that say the rich are the ones who get off because they hire expensive lawyers - but honestly go to the local court house and see the trial docket - how many of those defendents are driving up in porsches? The fact is a lot of criminal defense attorneys do it simply because they believe in the system - that every person deserves a fair trial and right to due process. Look, take it from someone who's been there, if the government has a case and does a halfway decent job of presenting it to the jury (i.e. not making the accused put on a glove that doesn't fit!) then the guilty will almost never go free. But none of us would want to live under a system where even those guys didn't have the right to force the government to prove their case. I admire lawyers who defend accused criminals because I know first hand its a very difficult and thankless job. But I know absolutely that the decision to go into that line of work has nothing to do with money, otherwise you would pick a client base that had a lot more of it to pay you with.

Answer 3

maximum criminal defendants are responsible as charged. in case you get busted for a DUI, the lawyer will nevertheless attempt to discover the way that should assist you despite in case you tell the lawyer you're responsible. In a criminal case, the shopper gets to make various judgements which contain no remember if to plead responsible or no longer responsible. A lawyer has no authority to override that determination. If the shopper directs the lawyer to get the final obtainable plea good purchase, that's what the lawyer will do. If the shopper directs the lawyer to set an ordeal and permit the jury settle on, that's what the lawyer will do. A lawyer can not take part in proposing perjured testimony yet he can do his ultimate at an ordeal to get information excluded and to poke holes interior the prosecutor's case. The lawyer does no longer make a ethical judgment on no remember if the shopper merits the suited to a honest trial any further than the plumber makes a ethical determination on no remember if the shopper merits to have his lavatory fastened.

Answer 4

there is a reason defense attorneys make the money they do. They have to check their feelings at the door. If they don't believe they can do their job to the proper standards than they must recuse themselves.
Attorney client privilege keeps them from being able to tell what they know. They MUST keep it to themselves. However, if they come across evidence, even incriminating to the accused, they must legally turn it over to the prosecution.
Most defense attys will NEVER ask the client if they did it, for that reason. They will learn the truth and that may keep them from doing the best job possible. Their only mission is to win the case.
Now if they know that a crime will be committed by their client that is a differernt story.
But thats why they make the big bucks!!

Answer 5

I am not a lawyer... but have been an intern at a court and plan to go to law school. Its not about knowing your client is guilty o r not guilty or "getting your client"... Its about the equal representation of both sides. When representing a client your job is to help your client represent his side in court. This is necessary because the client doesnt have th expertise to do it theirself. Its about getting a fair trial. There is a lot more that goes on in a court case than just what ou see on TV. Even in the most guilty of guilty deserves the right to have their side heard... Just like the prosecution ahs their side.

I think that a defense lawyer is just as important as a prosecutor... if not more.

Answer 6

lawyers sign & abide by a code of silence, should things go pear-shaped.
they're worse than Docs 4 pulling rank.
yes i also know of lawyers that have had 2 walk away.
seems they do often know the criminal is as guilty as sin but some can stomach it & some cannot

a friend of mine, she is now an analyst.
stressful but not as stressful as defending the scum the earth & the innocent, in equal measure.
she got fed-up with the state of the sentencing here in the UK.
the innocent suffer more than the criminal having had 2 go thru a court case, when the criminal denied the charge.
even when found guilty, u would expect the criminal 2 suffer more.
nah, not always.
if he changes his mind b4 sentencing it will go in his favour.

the Law is an A55!

Answer 7

Interesting -- alot of people want to kill the lawyers I see. To save my own head here - I am not a lawyer.

Everyone has a right to council, guilty innocent or otherwise. Getting someone "off" is a matter for the jury - ya know the old "guilty beyond a reasonable doubt".
PLUS criminal law is one small area of law - there are several areas of practice.

Funny everyone hates the lawyers until they want to sue someone for some stupid reason and try to make millions, then they want the sleaziest, low down dirty lawyer they can get to screw the other guy.

Answer 8

Imagine you are a GP for instance and a patient comes to you who you know is not supposed to drink but you know they are still drinking you don't particularly like the person or the vile habits but because of the Hippocratic oath you have to minister to them.

Being a lawyer is very similar. lawyers are 'distress purchases' no client is ever turned away because we don't like what they are alleged to have done or said they have done. As the doctor would not refuse to treat a patient with obvious self inflicted wounds, such as Alcoholism etc.

I hope this helps a little.

Answer 9

There is a great difference between justice and law. Defence lawyers are paid a great deal more money than prosecution lawyers, who represent the state, and it is in their interests to win the case, no matter whether justice is done.

Answer 10

This questiuon is why lawyers are one of the most despised ppl.The law says you cannot represent someone who you have reason to beleive is guilty. But lawyers are lawyers.Say no more