lawyer ethics and law question?

Question

what is a lawyers obligation when that lawyer is given evidence in the lawyers office that the client is violating the law and its a class one misdemeanor, is the lawyer obligated to notify the court if there is an on going case on a different matter

BUT DOES THAT MEAN WHEN YOUR CLIENT IS BREAKING THE LAW

Answer 1

It depends on the state, since the ethical rules vary.

Pretty much universally, if the client admitted to a past violation of the law, then the attorney is forbidden from disclosing it under the rules for attorney-client confidentiality.

Beyond that, for an ongoing or future crime, it matters whether the client is asking the lawyers help to commit the crime, or merely telling the lawyer of the crime. It also matters whether the crime involves actual harm to another person or not, or violation of federal securities laws.

Some states allow for permissive disclosure in some of those situations, meaning they lawyer can (but is not required to) tell the authorities. Some states require mandatory disclosure for at least some of those situations.

Answer 2

Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. This privilege encourages open and honest communication between clients and attorneys.

If the attorney provides facts about the client that he does not wish to disclose and are not relevant to the specific matter at hand than the client can sue the attorney for unfair representation and WIN. Not only that but he can have the entire criminal case thrown out as a result.

If it's you and it makes you uncomfortable to represent someone you know is a criminal you can always withdraw from the case.

Answer 3

The rules covering client confidentiality vary by state. In those states that allow or even require an attorney to disclose a future or ongoing violation of law, the critical factor is usually what the specific violation is - if it is something that involves physical injury or death it is often treated differently than if it is an economic crime, with no physical injury involved.

So, to answer your question precisely, you need to:
a) advise as to the state, and
b) advise as to the specific violation (class of misdemeanor or felony is not sufficient).

Once you have answers to both, contact your local bar association and ask for the ethics hotline. They'll be able to tell you quickly the rule involved and how it's applied in your area.

Answer 4

Client confidentiality. If he is not representing the client in that case, he is only bound to turn it over - or tell the facts- if he is subpoenaed, or a motion is made for him to provide any documentation regarding that subject.
Only if asked by the judge or the prosecuting attorney will he turn over the evidence/ case file...I can think of the word.........WHAT IS THE WORD...?

Answer 5

Yes, attorneys are supposed to turn that over - which is why 99% of criminal attorneys that I personally know will not ask a client whether or not they are guilty - they don't want to know so they can defend them as best as they can.
The word you are thinking of above is a Discovery Demand :)

Answer 6

If someone pays his lawyer to defend him at jury trial, but the prosecutor doesn't want to go to jury trial. They want him to plead guilty or they are going to add 4 more charges and take it to a grand jury. So if the prosecutor is refusing to let him have the jury trial that is already scheduled. His lawyer is suppose to represent him at the jury trial, to plead him as innocent. But if he doesn't take the prosecutors deal to plead guilty and serve 8 to 10 years, then is he forced to go to jail? He doesn't have $10,000 more that he would have to pay his lawyer.