I mean if he was defending a rapist who claims he is non gulity, can the lawyer choose not to defend him anymore because he does not agree with letting someone like that walk free.
2007-03-04 11:24:58 · 9 answers · asked by Michelino 4 in Politics & Government ➔ Law & Ethics
yes he can
2007-03-04 11:57:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If the lawyer was absolutely convinced beyond any reasonable doubt that the person they were representing was in fact guilty they have a duty under the law to recuse themselves. First they would need to speak to the judge who is sitting on the case and explain the reasons behind the change of their decision to represent the client. Remember a person is innocent until proven guilty beyond any reasonable doubt, and that is up to the jury to decide. The judge could then appoint another lawyer to represent the client and make sure that the clients best interests were served and that the client had the proper opportunity to present a case. It would not be just a question of the lawyer saying they didn't want someone like that walking free, that would be extremely biased and probably unlawful. The lawyer is there to advise and will always act in the best interest of the client and also take their instructions from that client. There have been many cases where a lawyer has found their client was in fact guilty of the crime accused. Fortunately most good lawyers will have done plenty of research into the facts of the case and in most cases will know if the person is in fact guilty or not. The O.J. Simpson case comes to mind. Even though a court found he was innocent the family were able to bring a private case against him for unlawful killing and won their case. I do believe a lawyer can remove themselves from the case if the client runs out of money and the case is going to cost a lot of money. Most lawyers don't work pro-bono, that means for free, they are entitled to their fee. Although even under those circumstances of the client running out of money to pay for the lawyer, the judge could instruct the lawyer to continue to represent that client until another public funded lawyer can be instructed. It can and does become very complicated.
2007-03-04 12:13:33 · answer #2 · answered by Dr Paul D 5 · 1⤊ 0⤋
Legally, it would depend on the legal conduct codes of the particular state, the timing of the case, whether or not the attorney was in private practice or a public defender, and ultimately whether or not the judge allows it.
Practically speaking, if a lawyer "does not agree with letting someone like that walk free" where "someone like that" means a defendant who claims he is not guilty, he or she is not very well suited to being a defense attorney in the first place.
2007-03-04 11:37:40 · answer #3 · answered by Stine 1 · 0⤊ 1⤋
In principal if a lawyer (uk) believes his clent is guilty because that client has told him and he intends to plead not guilty therefore committing perjury it is the lawyers duty as an officer of the court to remove himself from the case.Whether this happens of course depends on whether the lawyer is honest.
2007-03-04 20:15:00 · answer #4 · answered by frankturk50 6 · 0⤊ 0⤋
Yes. I'm a law student and at the early stages of a case, provided they have not contracted outwise the lawyer can leave if he feels he woul dnot be the best man for the job for whatever reason
2007-03-04 11:30:53 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If an attorney learns his client is guilty, for example, it is best he removes himself from the case. A lawyer is not supposed to, in theory mind you, defend as innocent a party he knows to be guilty. This is why an attorney never asks a client, "Did you do it?"
2007-03-04 11:33:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
i'd be quite beneficial he replaced into no longer paid off. attorneys many times handle cases against a similar opposing suggestions, and would improve a cordial courting with one yet another. Frankly, there's a extra acceptable consequence for the customer if there's a cooperation between the two attorneys. you're actually not obligated to maintain a similar criminal expert from now on than he's completely tied to you. in spite of the undeniable fact that, he will no longer be able to easily abandon you - as replaced into earlier stated, in case you do no longer opt to sign a Substitution of criminal expert, wherein you launch him, he will could report a action with the courtroom to be relieved as criminal expert of record. in case you seem and dispute the action, the decide could nonetheless enable him to withdraw. it appears that evidently neither of you is basically too pleased with the different - basically get a clean criminal expert.
2016-12-14 10:47:00 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Oh yes! He can choose when and if he wants to drop a case, he will usually give a reason though.
2007-03-04 11:41:20 · answer #8 · answered by confused 4 · 0⤊ 0⤋
All lawyers can drop thier cases at anytime, specially if it is to heavy with money.... trouble is can they solve a case.
without money...make a judgement.
2007-03-04 11:43:47 · answer #9 · answered by raybbies 5 · 0⤊ 2⤋