would you have to testify in court?

Question

could I or my boss(attorney) , be required to testify in court since we new that the client admitted she did commit the crime and that she said she would do it again? if not or if so WHY?

Answer 1

attorney client privilege.

Answer 2

The other respondents are correct; the answer is no. However, the attorney could resign from the case declaring a conflict of interest. In this case, the conflict would be that the attorney knows that the client committed the crime, but the attorney could not say that this was the reason.

If the judge wanted to, he/she could call the attorney in chambers and ask why they were resigning. The attorney could say that facts have been brought to their attention that a personal conflict exists that makes it impossible to represent the client; but could not (or should not) say why.

The prosecution is compelled to share with the defense any and all information against a client, but the defense is not under that obligation and in fact it is forbidden if it would incriminate the defendant.

WHY? you asked. Because a defendant is innocent until proven guilty. A statement of guilt to the defense attorney is not an admission of guilt to the court.

Answer 3

Attorney-client privilege is an evidentiary rule that prevents certain confidential communications from being allowed as evidence (testimony).

It protects not only communications from the client to the attorney, but also to the attorney's employees/staff. The admission would be fully protected.

The "would do it again" is the tricky bit. If she was just expressing non-remorse and stating a willingness, then that would also be protected. If she formally stated that she had the present intent to commit a crime again, in some jurisdictions (not all) that would not be protected.

But simply bringing the issue to the court's attention could get you fired and/or the attorney disbarred for ethical violations. Attorney-client privilege is the cornerstone of the legal field.

Answer 4

Nope. Attorney client privilege. Your boss can pull out of the case if his concience doesn't allow him to continue but he'd be disbarred for disclosing the contents of knowlege that he gained from a client who was counting on confidentiality when she admitted to the crime to the lawyer that she'd retained to represent her. Guilty or not, she is entitled to an agressive defense by her attorney. Until he has lost all hope of an acquittal and convince his client of such, he must do everything in his legal powers to force the procecution to prove their case beyond a reasonable doubt to a jury.

Answer 5

It shouldn't get that far. If the client admits to the crime and there is no defense to it, the attorney must withdraw from the case. Otherwise it is aiding perjury. Given the circumstances of any withdrawal, I imagine it would be almost impossible for the defendant to find a private lawyer to take the case.

Answer 6

possibly, it depends on the prosecution and if they think you can help their case as a witness. they'll let you know, you'll receive official written notice thats hand delivered by the prosecutor or a court representative. I was called to testify in a criminal case but the guy entered a plea bargain and court was canceled. If they say they want you to testify you are required by law to do so, unlike jury duty you can't get out of it.

Answer 7

No.

Attorney/client privilidge prevents the lawyer from revealing that. As an employee with access to the info you are also bound. You'd be fired if you revealed it.

Answer 8

Client Confidentiality old boy, breach that and you are finished in the Law business.

Answer 9

Ask your attorney boss....he/she should know. I hope.