As a lawyer, if you know your cleint is guilty can you still represent them as "innocent" or "not guilty"?
2007-02-22 10:52:29 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
no,it is covered by confidentiality
2007-02-22 10:57:55 · answer #1 · answered by b 5 · 0⤊ 1⤋
What you ask is actually quite complex. By the individual state's code of ethics, the lawyer has a few choices. They MUST act in their client's best interest and MUST NOT allow their knowledge of guilt, or any moral/emotional attachment get in the way of seeking the client's best interest. That client may infact still have a Guilty Plea in his/her best interest! Plea Bargaining is often an option, and a good one for just such a client. If the attorney can not overcome their moral or emotional feelings on the matter, then they MUST, by state code of ethics, dismiss themselves as attorney from the case!!! Also, they may NOT testify about the client after dismissing themselves.
2007-02-22 19:14:17 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
Yes. Everything a client tells an atty is "privileged", which means it cannot be told to or discussed with any 3rd party, including the Court. An atty may only disclose a client's expressed intent to commit a crime in the future. In a sense, hiring an atty is no different than hiring someone to mow your lawn. The client is the boss and the atty must do what the client says. If the client wants to plead "not guilty", the atty must do so. This decision is not a decision the atty can make unless the client tells the atty to do so.
2007-02-22 19:02:26 · answer #3 · answered by David M 7 · 0⤊ 0⤋
A good attorney will want their client to tell the truth to them. This helps them prepare a defense. Really the person is not guilty until the prosecution proves it beyond a reasonable doubt to a jury.
The only thing that an attorney cannot do is put their client on the stand to lie.
2007-02-22 19:05:10 · answer #4 · answered by bartmcqueary 3 · 1⤊ 0⤋
The majority of people charged with crimes are guilty.
An attorney must give zealous representation.......guilty or not. Many lawyers have crimes they refuse to defend ( usually sex crimes or crimes against children), but they know that the majority of their clients will be guilty.
The attorney cannot knowingly put a guilty man on the witness stand. That would be subborning perjury. A felony for the lawyer and the accused.
2007-02-23 00:08:10 · answer #5 · answered by srthompson01 2 · 0⤊ 0⤋
No. In those casesm the job of the ethical attorney is to ensure a level playing field for his client. He makes sure that the prosecution can really prove the case beyond a reasonable doubt.
2007-02-22 18:57:40 · answer #6 · answered by Citicop 7 · 1⤊ 0⤋
The lawyer MUST defend his client and plea "not guilty"
Now, there's a whole lot of defense strategy behind that. Way too long to go in to.
2007-02-22 18:57:14 · answer #7 · answered by Anonymous · 0⤊ 2⤋