and the client confesses there guilt? what rule can i find this information under?
2007-03-01 10:37:46 · 10 answers · asked by christine 3 in Politics & Government ➔ Law & Ethics
what if the client says they will do it again tommrow
2007-03-01 10:44:58 · update #1
Christine, a lawyer can continue to represent a client unless that representation would lead to the lawyer breaching the rules of professional conduct in that lawyer's state. Merely because a client commits an additional crime does not preclude the attorney from continue representation of the client. The lawyer does not have to consent to the representation of the client in the new matter. Good question.
2007-03-01 10:43:45 · answer #1 · answered by docholiday 2 · 0⤊ 0⤋
Yes, the lawyer can continue representing the client. However, it all depends on your definition of "representing". I've seen criminals that have confessed and pleaded guilty at court and had there lawyer next to them. The lawyers job at that point is to try and get thier client a fair sentence and to ensure that the clients rights aren't violated.
A prime example is; a person is arrested for shoplifting. The police arrive and place the person under arrest. However, the cops never advised the shoplifter of his rights to remain silent, have a lawyer present during questioning, etc.. The cops ask him if he stole from the store. The shoplifter admits to stealing the items without being advised of his rights.
Well, his confession may be inadmissable in a court of law due to the fact that his rights were violated. Normally, the person that defends his client in a situation like this would be his attorney. If the confession is thrown out, the client may get off of the charges.
I hope this helps.
2007-03-01 10:50:45 · answer #2 · answered by krzylove 3 · 0⤊ 0⤋
Of course, lawyers represent the guilty all the time. However once a client confesses guilt, the attorney would not be able to profess to the court otherwise. A lawyer has a duty to be truthful to the court.
To see the rules governing attorney/client relationships in your state consult your state's board of professional responsibility and their rules of professional conduct. There should be a link from your state's bar association.
2007-03-01 10:43:48 · answer #3 · answered by ahab 4 · 0⤊ 0⤋
An attorney can still represent the client. An attorneys job is not always to get the person "off". Sometimes it is just to get a lesser sentence based on the circumstances. An attorney has an obligation to represent that client to the best of their abilities. now if the attorney knowing lies to get the client off, then they have violated their code of ethics and a greivance can be filed against them through their state bar association. They could end up disbarred or simply paying a fine and taking additional ethics CLE classes.
2007-03-01 11:05:28 · answer #4 · answered by Jill R 3 · 0⤊ 0⤋
This is a matter of professional etiquette. The lawyer in question will belong to a professional body -- the Bar or the Law Society and be governed by their rules of conduct. Those rules prohibit him from representing a client who has actually admitted his guilt, although most criminal practitioners will have defended clients whom they believed to be guilty, but who maintained their innocence. The lawyer concerned must ask the court to discharge him from representing his client. You will find this rule in the Law Society Code of Professional Conduct or the Code of Conduct and Etiquette at the Bar of the jurisdiction concerned. Any lawyer found to be acting in breach of this rule of conduct renders himself liable to disciplinary action by his professional body.
2007-03-01 10:47:22 · answer #5 · answered by Doethineb 7 · 0⤊ 0⤋
First: Yes, it is there duty to so long as it does not break the litigators oath.
Second:Yes, a confession of guilt is not necessarily a criminal act, ask any priest. The individual may feel they are guilty of an act or thought, it does not prove or make them guilty of the confessed act.
That is why lawyers make the BIG $s! so that they can buy and shelve all those pretty books.
2007-03-01 10:55:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
well if the client confesses THEIR guilt the case is pretty much over, so the lawyer isn't needed there for the defendant
2007-03-01 10:44:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i think of it would be superb if she pleads not to blame besides. Her criminal expert may well be actual slick and be waiting to get her out of it, even though if she did thieve the products. Many attorneys are not concentrated on what's genuine. Their universal purpose is to get their customer off and function a criminal criminal duty to do even though is interior the wonderful interest of the their customer. i don't think of it would make any distinction if the criminal expert knew or not.
2016-10-17 01:26:51 · answer #8 · answered by archuletta 4 · 0⤊ 0⤋
What state?
Look up your state codes/statutes. Just type (STATE) code and it'll bring up your government code on Google.
2007-03-01 10:41:47 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Yes, very much so
2007-03-01 10:42:25 · answer #10 · answered by Nicc 2 · 0⤊ 0⤋